BX  8956  .A5  1898 

^^^f  r^^^^"  ^^"^^h  in  the 
Th»  D    ?®neral  Assembly. 
The^Presbyterian  digest  of 


THE 

PRESBYTERIAN  DIGEST 

OF  1898. 

A  COMPEND  OF  THE  ACTS,  DECISIONS,  AND  DELIVEBANCES 

OF    THE 

GENERAL  PRESBYTERY,  GENERAL  SYNOD 

AND 

GENERAL  ASSEMBLY 

OF    THE 

/ 

Presbyterian  Church 

IN  THE  UNITED  STATES  OF  AMERICA 
1706—1897. 


COMPILED 


asy  Butborits,  an&  wltb  tbe  (Io*opcration  of  a  Committee, 
ot  tbe  ©eneral  Besembli?. 

BY  THE 

Rev.  WILLIAM  E.  MOORE,  D.D.,  LLD. 


philadelphia  : 

Presbyterian  Board  of  Publication 
AND  Sabbath-school  Work. 
1898. 


Copyright,  1898, 

BY  THE 

Trustees  of  the  Presbyterian  Board  of  Publication 
AND  Sabbath-school  Work. 


INTRODUCTION. 


The  first  step  towards  a  Digest  of  the  Acts  and  Deliverances  of  the 
General  Assembly  was  taken  by  the  Assembly  of  1809,  in  its  order 
[Minutes,  p.  424],  charging  the  Stated  Clerk  "  with  the  business  of 
preparing  a  book,  and  having  entered  therein  such  decisions  of  the  Assem- 
bly as  relate  to  the  general  government  and  discipline  of  the  Church, 
and  the  duties  of  judicatures,  that  such  decisions  may  hereafter  be 
selected  and  printed  for  the  general  use  of  the  churches,  if  a  future 
Assembly  shall  so  order." 

In  1818  the  General  Assembly  appointed  Drs.  Janeway,  Neill  (Stated 
Clerk)  and  Ely,  "  a  Committee  to  extract  from  the  records  of  the  Gen- 
eral Assembly,  and  of  the  late  Synods  of  New  York  and  Philadelphia, 
all  such  matters  as  may  appear  to  be  of  permanent  authority  and  interest 
(including  a  short  account  of  the  manner  in  which  missions  have  been 
conducted,  and  their  success),  that  the  same  may  be  published  for  the 
information  of  ministers  and  their  people  in  our  churches."  This  Com- 
mittee reported  to  the  next  Assembly  (1819),  were  empowered  to  com- 
plete the  work  on  the  plan  reported,  and  to  publish  it  at  the  expense  of 
the  Trustees  of  the  General  Assembly.  The  Digest  thus  authorized  was 
published  in  1820. 

In  1836,  the  Assembly  appointed  Dr.  John  McDowell,  jNIr.  Winches- 
ter and  Mr.  Duffield  to  prepare  a  new  Digest.  Nothing,  however,  was 
done,  the  division  of  the  Church  being  near  at  hand.  Further  action 
looking  to  the  preparation  of  a  Digest  was  taken  by  the  respective 
Assemblies:  N.  S.,  1838  and  1849;  O.  S.,  1841  and  1848.  In  1850 
the  Presbyterian  Board  of  Publication,  O.  S. ,  issued  a  Digest  prepared 
l)y  the  Rev.  Richard  Webster,  D.D.  In  1856  the  Board  issued  a 
Digest  prepared  by  the  Rev.  Samuel  J,  Baird,  D.D.  The  Assembly 
voted  thanks  to  Mr.  Baird  for  his  labors,  and  earnestly  commended  the 
Mork  "  to  the  attention  and  patronage  of  all  in  our  connection."  A  new 
and  revised  edition  was  issued  by  the  Board  of  Publication  in  1859.  It  is 
still  published  by  it,  and  is  of  great  value  from  a  histoj  ical  point  of  view. 

In  1854,  the  Assembly,  N.  S.,  appointed  a  Committee  consisting  of 
Drs.  George  Duffield,  Jr.,  Henry  Darling,  and  W.  E.  Moore,  with  the 
Stated  Clerk,  Edwin  F.  Hatfield,  D.D.,  to  pi'epare  and  publish  a  new 


IV  INTRODUCTION. 

Digest.  This  Digest  was  prepared  by  the  Rev.  W.  E.  Moore,  and  pub- 
lished by  the  Presbyterian  Publication  Committee,  N.  S. ,  in  1861.  It 
Avas  accepted  with  commendation  by  the  General  Assembly. — Minutes, 
1861,  p.  463,  N.  S. 

The  Digest  of  1873. 

On  the  Reunion  of  1870,  the  Board  of  Publication  took  action  for  the 
preparation  of  a  more  complete  work,  which  should  combine  the  prece- 
dents of  the  Church  in  all  its  branches,  and  bring  them  down  to  the  latest 
date. 

The  plan  suggested  was  approved  by  the  Assembly  of  1871  (Minutes, 
p.  529),  as  follows  : 

' '  That  this  Digest  coUtain  under  each  chapter  and  section  of  the  Form 
oi  Government,  Book  of  Discipline  and  Directory,  every  decision  which 
defines  or  explains  it. 

' '  Also,  a  complete  Digest  of  all  the  rules  of  the  several  Boards  of  the 
Church  as  at  present  existing. 

' '  That  it  omit  whatever  has  become  obsolete  in  the  usage  of  the  Church 
— e.  g,,  in  its  benevolent  operations — and  all  that  pertains  simply  to 
matters  of  history. 

"  That  it  be  requested  that  a  Special  Committee  be  appointed  by  the 
CJeneral  Assembly  to  examine  and  approve  the  book  before  it  be  issued, 
and  it  was  recommended  that  the  Rev.  William  E.  Moore  be  requested 
to  undertake  the  preparation  of  such  a  Digest." 

The  Committee  to  examine  and  approve  the  book — Edwin  F.  Hatfield, 
D.D.,  Alexander  T.  McGill,  D.D.,  LL.D.,  Robert  M.  Patterson,  D.D., 
Ruling  Elders  Hon.  George  Sharswood,  LL.D.,  and  Hon.  William 
Strong,  LL.D. — reported  the  completion  of  the  work  with  its  approval 
in  1873,  and  it  was  issued  in  the  same  year. 

The  Edition  of  1886. 

Within  about  ten  years  after  the  issue  of  the  Digest  of  1873,  the  need 
for  a  new  edition  was  widely  felt,  and  at  last  took  shape  in  1885.  The 
Assembly  of  that  year  took  action  as  follows: 

' '  Resolved,  That  this  General  Assembly,  having  heard  of  the  intention 
of  the  Board  of  Publication  to  publish  a  new  edition  of  Moore's  Digest 
of  the  acts  and  deliverances  of  the  General  Assembly,  do  approve  of 
such  publication  and  hereby  recommend  the  same  to  the  Church. 

"  Resolved,  That  this  General  Assembly  hereby  records  its  sense  of 
obligation  to  the  Rev.  William  E.  Moore,  D.D.,  for  his  faithful,  dili- 
gent and  skillful  services  in  the  preparation  of  the  present  Digest." 

In  connection  with  the  new  edition  the  following  report  was  made  to 


INTRODUCTION.  V 

the  Board  of  Publication  by  the  Committee  requested  to  examine  the 
manuscript  : 

Philadelphia,  Pa.,  Jan.   14,  1886. 
To  the  Presbyterian  Board  of  Publication  : 

The  undersigned,  appointed  by  the  Board  of  Publication  as  a  Commit- 
tee to  Revise  the  Manuscript  of  the  Presbyterian  Digest  of  1886,  after 
a  minute  and  careful  examination,  do  hereby  signify  our  approval  of  the 
same. 

Respectfully, 

E.  R.  Craven, 
Wm.  H.  Roberts. 

In  the  Introduction  to  the  Digest  of  1886  the  editor  said  that  "  the 
adoption  of  the  Revised  Book  of  Discipline  in  1884,  with  its  amend- 
ments in  1885,  and  the  lapse  of  twelve  years  since  the  publication  of  the 
Digest,"  had  made  necessary  a  new  edition.  He  also  made  the  follow- 
ing statement : 

"  The  Book  of  Discipline  has  been  wholly  recast  under  the  sections  of 
the  Revised  Book.  The  compiler  has  been  obliged  to  use  his  own  judg- 
ment, not  only  as  to  the  location  of  the  acts  and  deliverances  of  the 
Assembly  under  the  several  sections,  but  also  as  to  the  retaining  or 
rejecting  of  matter  found  in  former  Digests  and  in  the  annual  Minutes 
of  the  Assembly.  He  gratefully  acknowledges  his  obligations  in  both 
respects  to  Rev.  E.  R.  Craven,  D.D. ,  and  Rev.  William  H.  Roberts, 
D.D. ,  the  Committee  appointed  by  the  Board  of  Publication  to  revise 
his  work.  The  criticism  will  doubtless  be  made  that  many  cases  quoted 
are  not  in  accordance  with  the  Revised  Book.  This  is  acknowledged  in 
the  Digest  itself;  but  good  reasons  seem  to  be  found  for  inserting  them 
unless  they  contradict  the  Revised  Book." 

The  Digest  op  1898. 

At  its  sessions  in  1894  the  General  Assembly  ordered  a  new  edition  of 
the  Digest  to  be  prepared  by  the  Board  of  Publication  and  Sabbath- 
school  Work,  under  the  supei^vision  of  the  Stated  Clerk  and  the  Secre- 
tary of  the  Board  of  Publication,  with  the  Rev.  Dr.  William  E.  Moore 
as  editor— 1894,  p.  89. 

The  Committee  on  the  New  Digest  reported  its  proposed  plan  for  the 
work  to  the  Assembly  of  1895  (Minutes,  p.  129),  and  the  report  was 
approved,  as  follows: 

"  The  Committee  on  the  new  edition  of  the  Digest  (Minutes,  1894,  p. 
89),  to  be  prepared  by  the  Board  of  Publication,  under  the  supervisioji 
of   the  Stated  Clerk  and  the  Secretary  of  the   Board  of  Publication, 


VI  INTRODUCTION. 

Avith  Rev.  William  E.  Moore  as  editor,  pro])Ose  the  following  plan  of  the 
Digest  and  ask  the  approval  of  the  Assembly,  viz. : 

"1.  To  priut  as  the  first  part  of  the  book  the  Coufessiou  of  Faith,  giv- 
ing under  the  appropriate  chapters  and  sections  the  doctrinal  deliver- 
ances and  decisions  of  the  Assembly. 

"  2.  To  print  the  Form  of  Government,  Book  of  Discipline  and  Direc- 
tory for  Worship  in  the  same  form  as  in  the  present  Digest,  marking  the 
acts  and  deliverances  of  the  two  Assemblies  during  the  period  of  the 
separation,  which  do  not  come  under  the  terms  of  the  concurrent  Resolu- 
tion No.  4,  Digest  ('86),  p.  92,  as  reestablished  in  the  united  body,  with 
the  letters  O.  8.  and  N.  S. 

"  3.  That  the  Assembly  grant  to  your  Committee  full  discretion  to  omit 
such  acts  and  deliverances  as  in  their  judgment  are  trivial,  purely  per- 
sonal, obsolete  or  contradictory,  or  that  have  been  superseded  by  amend- 
ments of  the  Form  of  Government,  Book  of  Discipline  and  Directory 
for  Worship, 

Respectfully  submitted, 

AVm.   Henry  Robi:ets, 
E.  R.  Craven, 
William  E.  Moore." 
In  addition  to  the 

Plan   of   this   Digest 

as  set  forth  above,  it  is  to  be  noted  that  for  convenience  of  reference  it 
has  seemed  best  to  put  the  Historical  Documents  by  themselves  at  the 
beginning  of  the  book,  and  to  place  under  Section  v  of  Chap,  xii  of  the 
Form  of  Government,  the  Charters,  Plans,  etc.,  of  the  several  Boards, 
Permanent  Committees,  and  Theological  Seminaries.  The  several 
Digests  referred  to  in  the  work  are:  (1),  "  The  Assembly  Digest,"  1820 ; 
(2),  "Assembly's  Digest,  Baird's  Collection,"  Ed.  1858;  (3),  "The 
New  Digest,"  Moore,  1861,  N.  S. ;  (4),  "The  Presbyterian  Digest," 
Moore,  1873,  and  (5),  "The  Presbyterian  Digest,"  Revised  Edition, 
1886. 

The  references  of  the  dates  of  the  Acts,  etc.,  are:  From  1706  to 
1788,  inclusive,  to  the  volume  of  Records  of  the  Presbyterian  Church; 
from  1789-1837,  inclusive,  to  the  Rei^rints  of  the  "Minutes  of  the  General 
Assembly  of  the  Presbyterian  Church,  U.  S.  A.;"  from  1838-1869 
inclusive,  to  the  annual  Minutes  of  the  Assemblies  of  the  two  branches 
of  the  Church,  designated  respectively  as  ' '  Old  School ' '  and  ' '  New 
School,"  and  since  1870  to  the  annual  Minutes  of  the  reunited  General 
Assembly. 

The  annual  Minutes  i\:on\  1836-1869,  inclusive,  have  been  reprinted. 
The  Minutes  for  1836   and  1837  are  bound  with  the  volume  covering 


INTRODUCTION.  Vll 

1821-1835.  The  Minutes,  1838-1869,  O.  S.,  are  bound  iu  four  vol- 
umes, and  1838-1869,  N.  S. ,  iu  two  volumes.  All  of  these  repriuts  are 
issued  by  the  Board  of  Publication  and  Sabbath-school  Work. 

In  closing  his  work,  the  editor  wishes  to  record  his  grateful  thanks  t<> 
the  Committee  of  Supervision  for  their  valuable  counsel  and  cordial 
cooperation,  always  cheerfully  given.  Especially  would  lie  acknowledge 
the  important  aid  rendered  by  the  chairman  of  the  Connnittee,  the  Rev. 
William  Henry  Roberts,  D.D.,  LL.D.,  whose  familiar  and  thorough 
knowledge  of  the  Acts  and  Deliverances  of  the  Assembly  iu  all  its 
history,  made  his  suggestions  and  liis  personal  aid  so  freely  extended, 
invaluable  to  me,  and  peculiarly  grateful  from  the  spirit  in  which  they 
were  given. 

WILLIAM  E.  MOORE. 

Columbus,  O.  ,  January  31,  1898. 


Approval   of   the   Assembly's  Committee. 

The  General  Assembly  of  1894,  i)assed  the  following  resolution: 
"  Resolved,  That  the  Assembly  order  a  new  edition  of  the  Digest,  to 
be  prepared  by  the  Board  of  Publication,  under  the  supervision  of  the 
Stated  Clerk  and  the  Secretary  of  the  Board  of  Publication,  with  Dr. 
William  E.  Moore,  as  editor.      Adopted." 

The  undersigned,  being  the  Committee  above  named,  after  a  minute 
and  careful  examination  of  the  Digest,  frequent  consultations  with  the 
editor,  and  close  attention  to  the  pi'oofs,  do  hereby  unite  with  Dr.  Moore 
in  approval  of  the  work. 

WM.  HENRY  ROBERTS, 
E.  R.  CRAVEN. 


SYLLABUS. 


PART  I.     HISTORICAL  DOCUMENTS. 
I.  The  Organization  of  the  Church. 


1.  The  General  Presbytery 1 

2.  The  General  Synod 1 

3.  The  General  Assembly 2 

a.  Preparatory  Act 2 


b.  The  Synod  divided,  and  the 
General  Assembly  constitu- 
ted   


II.     Adoption,  etc.,  of  the  Standards. 
1.  The  Adopting  Acts  of  1729,  and  Explanatory  Acts. 


1.  The   Overture  laid  over  for  a 

year 2 

2.  The    Confession  of   Faith  and 

Catechisms  of  the  Westmin- 
ster Assembly  adopted 3 

a.  Act  relating  to  subscription. . .  3 

b.  The  Adopting  Act  proper 3 

3.  The  Directory  recommended. . .  4 

4.  The  Confession  must  be  adopted 

by  intrants  and  candidates. . .  4 


Must  be  inscribed  in  the  Pres- 
bytery Book 4 

Act  explaining  the  Adopting 
Act 5 

Mode  of  adopting  the  Confes- 
sion    5 

The  Directory  for  Worship,  and 
Form  of  Government 5 

Authority  of  Pardovan's  Col- 
lections    6 


1.  The   Constitution  revised    and 

amended 6 

2.  The  Form  of  Government,  Dis- 

cipline,   and     Confession    of 
Faith,  ratified  and  adopted.  .  6 


The  Constitution  of  1788. 
8 


Directory  for  Worship  and  Cate- 
chisms    6 

The  chapter  on  the  mode  of 
inflicting  Church  censures 
adopted 7 


3.   The   Obligation,  etc.,  of  the  Standards. 


1.  The   Adopting   Acts  and   their 

force 7 

2.  Use  and  obligation  of  the  Stand- 

ards   7 

3.  Adoption   of  the   Standards  in 

every  case  required 8 

4.  The      Catechisms    an    integral 

part  of  the  Standards  of  the 
Church 8 


5.  Adoption  of  the  Confession  in- 

cludes the  Catechisms 10 

6.  Ministers  who  cannot  adopt  the 

Standards  not  to  be  received. 10 

7.  The  "Heidelberg   Catechism" 

approved 10 

8.  The   Standards    subordinate   to 

and    in    harmony    with    the 
Word  of  God 10 


4.   The  Amendments  of  the  Standards. 


1.  Method  of  amendments 12 

2.  List  of  amendments 12 

(1)  The  Confession  of  Faith  adopt- 

ed  1729,  amended   1788    and 
1887 12 

(2)  The  Form  of  Government 
adopted  1788,  amended  1805 
and  1821 12 


Amendments  to  Form  of  Gov- 
ernment since  Reunion 13 

(3)  The  Book  of  Discipline,  adopt- 

ed 1884,  amended  1885  to  1894.13 
Efi'ect   of   adoption    on   cases 
pending 14 

(4)  Directory  for  Worship,  adopt- 
ed 1788-89,  amended  1884-8(5.14 


SYLLABUS. 


III.    Publication  of  the  Constitution. 


1.  Committee  to  supervise  publica- 

tion, 1788 14 

2.  Committee  authorized   to  pub- 

lish  14 

3.  Committee  of  1792 15 

(1)  Editions      with       proof-texts 
added    15 

(2)  Authority  of  the  notes 15 

4.  Unauthorized  editions  discoun- 

tenanced     16 

5.  Committee  on  circulation 16 

6.  Presbyteries   and  churches  to 

stimulate  circulation 16 

7.  Committees  of  supervision   of 

1821 16 

8.  Committee  of  supervision   ap- 

pointed from  the  Synods.  .  .  16 


9.  Committees  responsible  for  ac- 
curacy    17 

10.  Board  of  Publication  to  print 

and  sell 17 

11.  Synodical     Committees    abol- 

ished    17 

12.  Permanent        committee      o  f 

supervision  appointed 17 

13.  Attestation      by       permanent 

committee   18 

14.  Standard  copy  of  the  Shorter 

Catechism 18 

15.  Report  on  corrections  in  punc- 

tuation, etc 18 

16.  Title-page      of      Constitution 

changed 20 


IV.   Proof-texts  to  the  Standards. 
1.  Proof-texts  authorized,  1794. .  .  21    |     2.  Revision  of  proof-texts,  1894. .  .21 
V.   Separations  and  Reunions. 
1.    Under  the  General  Synod. 


1.  Withdrawal  of  the   Svnod  of 

New  York,  1745  . .  .". 27 

Articles  of  Agreement 27 


2.  Reunion    of    1758 ;     Synod  of 
New  York  and  Philadelphia  27 


2.    T7ie  Separation  of  JS37 


1.  The  excluding  act  of  1837 31 

2.  The   division   of  the   Church. 


Two  General  Assemblies  or- 
ganized   31 


3.    The  Reunion  of  1SG9. 


1.  Initiation  of  correspondence  . .  31 

2.  Action  of  the  Assemblies  look- 

ing to  reunion  ;    committee 
appointed 33 

a.  Overture    of   the    Assembly, 

O.  S 32 

b.  Response  of    the  Assembly, 

N.  S 33 

c.  Committees  on  Reunion,  1866.  33 

3.  Termsof  Reunion  ;  Assemblies 

of  1867  and  1868 34 

4.  General  Assemblies  of  1869  at 

New  York 34 

A  new  joint  committee  appointed  34 

5.  Report  of  joint  committee  pre- 

sented in  both  Assemblies. .  34 


i .  Plan  of  Reunion 35 

ii.  Concurrent  declarations 36 

iii.  Recommendation  of  day   of 
prayer 37 

6.  Adjourned     meetings,     Pitts- 

burg, 1869 38 

7.  Report  of  joint  committee  of 

conference 39 

8.  Basis  and  consummation  of  the 

Reunion 40 

9.  The  Reunion  Convention 41 

Resolutions  adopted,  November 

12,  1869 42 

10.  Memorial  Contribution 43 

11.  Quarter-Centenary  of  Reunion  43 


PART  II.    THE  CONFESSION  OF  FAITH. 
Chapter  I.   Of  the  Holy  Scripture. 


Section  1 44 

Section  2 44 

1.  Deliverance  on    the    so-called 

Higher  Criticism 45 

2.  The  inspired  Word  is  without 

error 45 


3.  CaseofCharlesA.  Briggs.D.D.  46 

a.  Preliminary  note 46 

b.  Action  of  the  Assembly  of  1892  46 

c.  Charges    passed    on    by    the 

Presbytery  of   New   York, 
1893 47 


THE   CONFESSION    OF    FAITH. 


d.  Decision  and  final  judgment 

of  the  Presbytery  of  New 
York,  1893 53 

e.  Action  of  the  Assembly,  1893.  54 

(1)  Hearing  and  judgment 54 

(2)  Explanatory  minute 55 

4.  Protest  against  the  declaration 

that  the  inerrancy  of  the 
original  autographs  is  the 
faith  of  the  Church 56 

5.  Answer  to  protest 57 

C.  The  Bible  as  we  now  have  it, 

the  very  Word  of  God 57 

7.  The  Assembly  makes  no  new 

definitions  of  dogma 57 


8.  Case  of  Rev.  Henry  Preserved 

Smith,  D.D 58 

a.  Charges  and  specifications. .  .  58 

b.  Finding  and  judgment  of  the 

Presbytery  of  Cincinnati ...   64 

c.  Appeal  of  Dr.  Smith   to  tlie 

Synodof  Ohio,  not  sustained  65 

d.  Appeal  to  the  General  Assem- 

bly, not  sustained  and  judg- 
ment affirmed 65 

Sections  3-7 65 

Section  8    66 

1.  The  Bible  in  its  various  transla- 
tions   is  the  very    Word  of 

God 66 

Section  9 66 


Chapter  II,    Of  God,  and  of  the  Holy  Trinity. 


Sections  1,3 67 

Section  8 67 

1.  The  Assembly  refuses  to  alter 


the  language  of  the  Confes- 
sion regarding  the  doctrine 


Sections  1-8. 


Sections  1,  2 


of  the  Trinity. 
Chapter  III.    Of  God's  Eternal  Decree. 

Chapter  IV.   Of  Creation. 

Chapter  V.   Of  Providence. 


Sections  1-7. 


67 


68 


69 


69 


Chapter  YI.   Op  the   Fall  of  Man,  op  Sin,  and  of  the  Punishment 

Thereof. 


Sections  1-5 70 

Section  6 71 

1.  Case  of  Rev.  Hezekiah  Balch.  71 


2.  Appeal  of  John  Miller,  D.D., 
from  the  judgment  of  the 
Synod  of  New  Jersey 73 


Chapter  VII.  Of  God's  Covenant  with  Man. 

Sections  1-5 74   |     Case  of  Samuel  Barker 75 

Section  6 74   I 

Chapter  VIII.   Of  Christ  the  Mediator. 
Sections  1-8 75 

Chapter  IX.   Op  Free  Will. 
Sections  1-5 77 


Sections  1-4 


Chapter  X.  Of  Effectual  Calling 


Chapter  XI.  Of  Justification. 


Sections  1-5 78 

Section  6 79 

1.  Case  of  Rev.  William  C.  Davis.  79 


2.  Case  of  Rev.  Thomas  B.  Craig- 
head   


Chapter  XII.  Op  Adoption. 


Section  1. 


80 


83 


xu 


SYLLABUS. 

Chapter  XIII.  Of  Sanctification. 


Sections  1-3 83 

Chapter  XIV.   Of  Saving  Faith. 

Sections  1-3 84 

Chapter  XV.   Of  Repentance  unto  Life. 

Sections  1-6 84 

Chapter  XVI.   Of  Good  Works. 

Sections  1-7 85 

Chapter  XVII.   Op  the  Perseverance  of  the  Saints. 

Sections  1-3 86 

Chapter  XVIII.    Of  the  Assurance  of  Grace  and  Salvation. 

Sections  1-4 86 

Chapter  XIX.   Of  the  Law  of  God. 

Sections  1-7 87 

Chapter  XX.  Op  Christian  Liberty,  and  Liberty  of  Conscience. 

Sections  1-4 88 

Chapter  XXI.   Of  Religious  Worship  and  the  Sabbath  Day. 

Sections  1-8 89 

Chapter  XXII.   Op  Lawful  Oaths  and  Vows. 

Sections  1-7 91 

Chapter  XXIII.   Of  the  Civil  Magistrate. 

Sections  1-4 93 

Chapter  XXIV.   Of  Marriage  and  Divorce. 


Section  1 93 

1.  A    minister,    having    married 

again,  required  to  cease 
officiating  until  proof  is  fur- 
nished of  the  death  of  his 
first  wife 93 

2.  A    bigamist    to    be    excluded 

from  the  privileges  of  the 
Cliurcb.  Willful  desertion 
a  just  cause  for  divorce.  If 
just  cause  exist,  and  divorce 
be  refused,  the  Church  may- 
receive  him 93 

3.  Deliverances  on  polygamy  and 

Mormonism.  Polygamy  a 
criminal  off'ence  and  to  be 

suppressed 93 

Section  2 96 


Section  3 96 

1.  Marriage    of     converts     with 
heathen.     The  Presbyteries 

to  judge 96 

Section  4 97 

1.  Marriage  with  a  sister's  daughter  97 

Section  5 97 

1.  Indivorceforadultery  the  inno- 
cent party  may  marry  again.  97 
Section  6 97 

1.  Marriage      with      a      woman 

divorced  for  cause  other  than 
adultery 98 

2.  Marriage  on  a  divorce  obtained 

on    other    than    Scriptural 
grounds 99 

3.  Deliverances     on       marriage, 

divorce,  and  infanticide 99 


Sections  1-5 

Section  6 101 

1.  The  Roman    Catholic  Church 
essentially  apostate 101 


Chapter  XXV.    Op  the  Church. 
100 


2.  The    Salvation    Army    not    a 

Church 103 

3.  Declaration  of  principles  as  to 

Church  unity 102 


FORM    OF   GOVERNMENT.  XUl 

Chapter  XXVI.    Of  the  Communion  of  Saints. 
Sections  1-3 102 

Chapter  XXVII.  Of  the  Sacraments. 
Sections  1-5 103 

Chapter  XXVIII.   Of  Baptism. 


Section  1 103 

Section  2 103 

1.  Ruling  elders  may  not  admin- 

ister sealing  ordinances 103 

2.  Baptism  by  an  impostor  null 

and  invalid 104 

3.  By  a  profligate — cases   to   be 

judged  by  the  Session 104 

4.  Unitarian  baptism 104 

5  By  a  minister  after  he  is  de- 
posed  105 

6.  By  a  suspended  minister 105 

7.  Is  Baptism  in    the  Church  of 

Rome   valid  ?    answered   in 
the  negative 105 

8.  The    deliverance     of     18  4  5 

reaffirmed 106 

9  The  rebaptism  of  a  convert 
from  Romanism  left  to  the 
judgment  of  the  Session 106 


10.  The    above     deliverance    sus- 

tained   106 

11.  The  Assembly  declines  to  make 

a   new   deliverance  on    the 
validity  of  R.  C.  baptism.  .  .107 

Section  3 107 

1.  Mode  of  baptism 107 

Section  4 ...  107 

1.  Duty   of  Christian   masters  to 

have  their  servants  baptized.  108 

2.  Of    Christian   slaves    to    have 

their  children  baptized 108 

3.  Infant  slaves  of  Christian  mas- 

ters   108 

4.  Orphan    children   of  heathen 

parents  in   the  care  of  our 

missions 108 

Sections  5,  6 108 

Section  7 108 

1.  Rebaptism  disorderly 108 


Chapter  XXIX.   Op  the  Lord's  Supper. 
Sections  1-8 109 

Chapter  XXX.   Of  Church  Censures. 
Sections  1-4 HO 

Chapter  XXXI.   Of  Synods  and  Councils. 


Sections  1-3 Ill 

Section  4 Ill 


1.  The  spiritual  character  of  the 
Church Ill 


Chapter  XXXII.   Of  the  State  of  Man  after  Death,  and  op  the  Res- 
urrection OP  THE  Dead. 

Sections  1-3 113 

Chapter  XXXIII.    Op  the  Last  Judgment. 
Sections  1-3. 113 

The  Creed. 
1.  Authorized  alterations  in  the  Creed  may  be  used  in  worship 114 


PART  III.    THE  FORM  OF  GOVERNMENT. 
Chapter  I.   Preliminary  Principles. 

Sections  1-8 116 

Chapter  II.   Of  the  Church. 


Section  1 118 

Section  2.  The  Church  universal.  118 
1.  Deliverances  on  Church  unity  .118 

Section  3 118 

Section  4.  The  particular  church.  118 


1.  Mode   or  organization  of  new 

churches 119 

2.  Enrollment  of  imperfectly  or- 

ganized churches 120 

3.  Church  charters 122 


SYLLABUS. 


4.  Trustees,    recognition     of    by 

General  Synod 132 

5.  Control     of    trustees    over    a 

house  of  worship 133 

6.  Respective    rights  of  trustees 

and   Session   in   controlling 
the  use  of  church  property.  .123 

7.  Trustees    and    congregational 

meetings 124 


In  the  use  of  the  property  for 
all  religious  services  or  eccle- 
siastical purposes,  the  trus- 
tees are  under  the  control  of 
the  Session 135 

Decision  of  the  United  States 
Supreme  Court  in  the  case 
of  the  Walnut  Street  Pres- 
byterian Church,  Louis- 
ville, Ky 136,  337 


Chapter  III.   Of  the  Officers  of  the  Church. 
Sections  1-3 142 


Chapter  IV.   Op  Bishops  or  Pastors. 


The  pastoral  relation. 

1.  Fidelity  in  pastoral  duties  en- 
joined   143 

3.  The  pastoral  relation  empha- 
sized and  encouraged 144 

3.  Ministerial  rights   unaffected 

by  being  honorably  retired.  .145 

4.  Installation    of   pastors-elect 

insisted  on 146 

Supplies. 

1.  Stated  supplies  to  be  discour- 
aged   146 

3.  Presbytery  can  terminate  sta- 
ted supply  at  discretion 147 


3.  Evangelists  not  to  be  ordain- 

ed to  serve  as  stated  supplies.  147 

4.  Stated  supplies  have  no  pasto- 

ral powers 147 

5.  Have  only  such  rights  as  may 

be  conferred  by  Presbytery.  147 

6.  Should  not  preach  in  the  piil- 

pitsof  any  Presbytery  with- 
out its  consent 147 

7.  A  pastor-elect  not  stated  sup- 

ply ipso  facto 147 

8.  Deliverances    on  stated    sup- 

plies reaffirmed 147 

9.  What  is  a  stated  supply  ;  and 

what  is  a  vacant  church  ? ...  148 


Chapter  V.   Of  Ruling  Elders. 


Ruling  elders  assistants  to  min- 
isters   148 

The  eldership  essential  to  the 
existence  of  a  Presbyterian 
church 148 

Elders  must  be  duly  elected 
and  set  apart* 148 

A  ruling  elder  without  charge 
has  no  seat  in  a  church 
court ..149 

An  elder  cannot  hold  office  in 
two  churches  at  the  same 
time 149 

Nor  adjudicate  in  a  church  of 
which  he  is  not  an  elder. . .  .149 

An  elder  has  the  same  right  to 
sit  in  Synod  as  in  Presbytery.  149 


•  8.  When  an  elder  has  been  sus- 
pended from  church  privi- 
leges, and  is  restored,  he  is 
not  thereby  restored  to  office.  149 
9.  Elders  are  not  to  participate  in 
the  ordination  of  ministers 
by  the  laying  on  of  hands.  .149 

10.  Ruling  elders  ma}'  not  admin- 

ister sealing  ordinances  ....  lol 

11.  Ruling  elders  may  explain  the 

Scriptures  and  exhort  in  the 
absence  of  the  pastor 151 

13.  The  proper  court  to  try  rul- 
ing elders  in  a  given  case. .  .151 

13.  Ministers   not   eligible  to   the 

ruling  eldership 151 


Chapter  VI.   Of  Deacons. 


1.  Their  functions.     They    have 

no  judicial  power 153 

2.  The  temporalities  of  the  church 

may  be  committed  to  them.  152 

3.  Appointment  of  deacons  urged. 153 

4.  One  may  be  at  once  elder  and 

deacon 153 

5.  Deacons    may    distribute    the 


bread   and  the  wine  at  the 
communion  153 

6.  To  the  deacons  belongs  exclu- 

sively   the   control    of    the 
funds  for  the  poor 153 

7.  May  not  represent  the  church 

in  church  courts 153 


Chapter  VII.   Op  Ordinances  in  a  Particular  Church. 
Section  1 153 


FORM    OF   GOVERNMENT. 


Chapter  VIII.    Op  Church   Government,  and    the   Several  Kinds  op 

Judicatories. 


Sectioii  1.  Need  and  Form 154 

Sectiou  2.  Jurisdiction 154 

1.   Union  of  Church  and  State  dis- 
avowed.   Rehition    to      the 

State 154 

3.  Right    of   any    judicatory    to 
bear  testimony  against  erro- 


neous and  injurious  publica- 
tions   156 

3.  Judicial  authority  cannot  be 
granted  to  bodies  other  than 
those  established  by  the  Con- 
stitution   ^ 156 


Chapter  IX.   Of  the  Church  Session. 


Section  1.  Constituent  elements  .  .157 

1.  A  special   Session  unconstitu- 

tional. An  offender  must  be 
tried  by  the  constitutional 
judicatories 158 

2.  A  Session  may  consist  of  for- 

eign missionaries 158 

0.  An  elder  may  not  adjudicate  in 

any  church  in  which  he  is 
not  an  elder 158 

4.  A   minister  may  not  sit  as  a 

corresponding  member  of 
Session,  nor  be  assigned  as 
counsel  for  the  accused 159 

5.  Elders  must  be  ordained.  Neg- 

lect of  ordination  invali- 
dates decisions 159 

Section  2.  Quorum 159 

i.  A  minister  with  one  elder,  if 
there  be  but  one,  may  con- 
stitute a  quorum .    159 

2.  A  single  elder  may  constitute 

the  Session 160 

3.  Where  elders  are  non-resident, 

the  remaining  members  au- 
thorized to  act 160 

4.  Less  than  a  quorum  incapable 

of  any  organic  act 160 

5.  Official  acts  of  Session  can  be 

performed  only  when  it  is 
regularly  convened.  Prayer 
in  opening  and  closing  re- 
commended  160 

6.  The  Session  has  discretion  as 

to  the  circumstances  under 
which  a  meeting  should 
be  opened  and  closed  with 

prayer 161 

Section  3.  Moderator     of    church 

with  pastor 161 

1.  A  pastor-elect  not    moderator 

or  stated  supply  by  vir- 
tue of  the  call  in  progress..  .161 

2.  Who  may  moderate  a  Session 

in  the  absence  of  a  pastor  ?.  .162 

3.  When  another  minister  acts  as 

moderator,  the  pastor  is  a 
member  of  the  Session,  and 
may  be  appointed  a  prose- 
cutor  162 

Section  4.  Moderator    of     vacant 

church 163 


1.  Where  a  minister  is  the  accu- 

ser, a  minister  should  pre- 
side   163 

2.  Moderator  to  be  of  the  same 

Presbytery.  Session  cannot 
invite  a  minister  of  another 

Presbytery 163 

Section  5.  Collegiate  pastors 163 

Section  6.  Powers   and    duties  of 

the  Session 163 

1.  The  Session  has  original  juris- 

diction over  church  mem- 
bers  164 

2.  The   Session    has  oversight  of 

the  conduct  of  church  mem- 
bers  164 

3.  The  Session    has  oversight  of 

young  people's  societies 164 

4.  Statement  of  relation  between 

the  individual  society  and 
the  church 164 

5.  Jurisdiction  over  a  suspended 

member  is  in  the  church 
which  suspended  him 166 

6.  The  vote  of  the  Session  is  the 

reception  to  membership.  It 
must  involve  baptism.  The 
use  and  authority  of  local 
confessions  and  covenants.  .166 

7.  An  unbaptized  person  apply- 

ing for  admission  to  the 
church  must  be  baptized. . .  .167 

8.  Certificate    of    dismission   re- 

quired  167 

9.  Examination     of      candidates 

ought  ordinarily  to  be  in 
the  presence  of  the  Session..  168 

10.  Members   should    be   received 

to  the  church  only  by  a  Ses- 
sion regularly  constituted.  .168 

11.  Session    can    receive     persons 

only  into  the  organized 
church  of  which  it  is  the 
governing  body 168 

12.  Duty  of  the  Session  in  the  case 

of  those  who  have  joined  an- 
other church,  and  are  in 
other  respects  irregular 168 

13.  Sessions  may  not  receive  mem- 

bers of  other  churches  with- 
out regular  dismission 169 

14.  Duty  of  the  Session  in  case  of 


SYLLABUS. 


those  who  doubt  their  per- 
sonal piety 169 

15.  The  examination  of  candidates 

for  admission  to  sealing  or- 
dinances should,  except  in 
special  cases,  be  in  the  pres- 
ence of  the  Session 169 

16.  The  Session   has  no  power  to 

prohibit  collections  ordered 
by  the  Assembly 169 

17.  Representation  in  the  superior 

courts  required 170 

18.  Attendance    on    the    superior 

courts  enforced.  Expenses 
of  elders  should  be  paid. 
Ruling  elders  should  be 
called  on  for  reasons  of  ab- 
sence  170 

19.  The  same  elder  must  represent 

his  church  at  an  adjourned 
meeting  who  represented  it 
at  the  stated  meeting 170 

20.  In  appointing  delegates  to  the 

higher  judicatories,  the  Ses- 
sion should  designate  the 
service  to  be  performed 171 

21.  Communion  wine  ;  the  purest 

attainable  to  be  used 171 

22.  Baptism    of   Roman  Catholic 

converts  discretionary 171 

23.  Discretion  of  the  Session  as  to 

women's  part  in  meetings 
for  prayer 171 


24.  Church  music  is  under  the  con- 

trol of  the  minister  and  the 
Session 172 

25.  Functions  and  duties  of  trus- 

tees in  their  relations  to  Ses- 
sions   172 

26.  The  Session  has  exclusive  au- 

thority over  the  worship  of 

the  church 172 

Section  7.  Meetings 173 

Section  8.  Records  of  Session. ..  .173 

1.  The  records  should  be  full 173 

2.  Testimony    in    judicial    cases 

should  be    engrossed    upon 
the  records 173 

3.  Records  once  approved  by  a 

superior  judicatory  may  not 
be  altered  by  the  inferior  . .  .173 
Section  9.  Registers  of  Sessions. .  .174 

1.  Statistical  reports  should  show 

only  actual  membership ....  174 

2.  Ordained   ministers  not  to  be 

enrolled  as  members  of  the 
church  thej'  serve 174 

3.  The  aggregate  number  of  elders 

and  deacons  to  be  reported.  174 

4.  Acting    elders    only  to  be  re- 

ported ;    all     communicants 
included  174 

5.  Rolls  of  baptized  children,  not 

communicants,  to  be  kept.  .175 

6.  Annual  narrative  of  the  state 

of  religion 175,  897 


Chapter  X.    Of  the  Presbytery. 


Section  1.  Importance 177 

Section  2.  Constituent  elements  .  .177 

1.  The  first   Presbyteries  consti- 

tuted of  ministers 177 

2.  The  Assembly  refuses  to  erect 

a  Presbyter}^  of  less  than  the 
constitutional  number 178 

3.  A  Presbytery   with  less  than 

five  ministers  dissolved 178 

4.  Mission  Presbyteries  with  less 

than  five  ministers  may  be 
continued 178 

5.  "Elective  affinity"  Presbyte- 

ries condemned 178 

6.  Presbyteries  to  be  defined  by 

geographical  lines,  or  lines  of 
travel 179 

7.  Presbyteries   may    not  be  or- 

ganized so  as  to  cover  the 
same  ground 179 

8.  Presbyteries  and  Synods  in  for- 

eign missionary  fields 179 

i.  In  regions  occupied  by  the 
Presbyterian  Board  of  For- 
eign Missions  only 179 

ii.  In  regions  occupied  by  the 
Board  and  by  the  missions 
of  other  Presbyterian  de- 
nominations   180 


9.  Union  Presbyteries  in  foreign 

fields ' 180 

10.  Ministers  without  charge   are 

constituent  members  of  Pres- 
bytery   181 

11.  Elders     without    charge    and 

membership  in  Presbytery.  .181 

12.  Ministers  without  charge  must 

unite  with  the  Presbyterj- 
within  whose  bounds  they 
reside 181 

13.  The  Presbytery  to  judge  each 

case  of  those  living  out  of 
their  bounds 181 

14.  Non-residents  to  be  transferred 

to  the  Presbyteries  within  the 
bounds  of  which  they  reside.  182 

15.  The  above  rules  defined  and 

affirmed 182 

16.  Jurisdiction    over     members 

non-resident 183 

Section  3.  Representation  of  con- 
gregations with  pastors 183 

1.  Collegiate  church  defined 183 

Section  4.  Representation  of  con- 
gregations with  one  pastor.  .183 

1.  United     congregations    repre- 

sented by  one  elder 183 

2.  AVhere  a  minister  is  pastor  of 


FORM    OF   GOVERNMENT. 


one  church,  and  stated  sup- 
ply of  another,  each  is  en- 
titled to  be  represented 183 

3.  Churches  in   different  Presby- 

teries under  one  pastor 184 

4.  Churches  in   different  Presby- 

teries under  one  pastor  are 
under  the  care  of  the  Pres- 
bytery to  which  the  pastor 
belongs,  while  the  relation 
continues 184 

5.  The  course  to  be  pursued  when 

the  pastoral  relation  is  to  be 
constituted  over  churches  in 
different  Presbyteries  or  Syn- 
ods  184 

Section  5.  Vacant  churches 185 

1.  Every  congregation   is  vacant 
which  has  not  a  pastor  duly 

installed 185 

Section  (5.  Certificates 185 

Section  7.  Quorum 185 

1.  A  quorum  may  be  constituted 

wholly  of  ministers 185 

2.  Less  than  three  ministers  can- 

not be  a  quorum 186 

3.  Less    than  a    quorum   can  do 

no  presbyterial  acts  other 
than  to  adjourn.  They  can- 
not receive  a  member,  so  as 

to  form  a  quorum 186 

((I)  The  law  of  a  quorum 187 

(b)  Taking  up  charges  equiva- 
lent to  entering  process. . . .187 

(c)  The    moderator    and     clerk 

ministerial  officers  merely, 
and  not  necessarily  members 
of  the  judicatory 188 

4.  Reception  of  a  member  by  less 

than    a  quorum  sanctioned 

as  an  exceptional  case 189 

Section  8.     Powers  of  Presbytery .  190 

I.  To  receive  and  issue  appeals, 
complaints    and    references 

from  church  Sessions 190 

1.  The  acts  of  Presbytery  are 
subject  to  appeal  ;  but  must 
be  obeved  until  repealed  or 
modified 190 

IL  To  examine  and  license  candi- 
dates for  the  holy  ministry  .191 

1.  Licentiates   should    be   regu- 

larly received.  Caution  to 
be  used   191 

2.  Time  limit  for  licenses 191 

3.  The Assembly'sconstitutional 

powers  in  licensure 191 

4.  Rights  and  duties  of  the  Pres- 

byteries in  licensing  candi- 
dates      191 

III.  To  ordain  ministers 193 

1.  Ordination    bv  a  commission 

of  Presbytery 192 

2.  Ordination   l)y  a  commission 

unconstitutional 192 

3.  On  the  Sabbath  inexpedient, 

B 


but  left  to  the  discretion  of 
the  Presbytery 192 

4.  Ordination  by  foreign   bodies 

not  approved 192 

5.  Lay  ordination  invalid 19:5 

6.  Ordination  procured  by  fraud 

valid,  but  the  Presbytery 
should  depose 193 

7.  Presbyteries   only    are    com- 

petent to  ordain  ministers  .  .194 

8.  If  one  who  has  been  deposed, 

or  -who  has  demitted  the 
ministry,  is  restored,  he  must 
be  reordained 194 

9.  Rule  in  respect  to  receiving  a 

minister  from  another  de- 
nomination   194 

10.  The  reasons  for  receiving  an 

ordained  minister  from 
another  denomination  to  be 
recorded 195 

11.  Leave  to  ordain  refused  where 

there  is  no  Presbytery 195 

12.  Reception   of    foreign   minis- 

ters.    The  rule...." 196 

13.  The  rule  enforced 198 

14.  Rule  applies  to  minister  seek- 

ing to  be  restored 198 

15.  Privilege  lost  by  a  return  to 

Europe l99 

16.  Rule  repealed  as  to  ministers 

from  the  Presbyterian 
Churches  of  Great  Britain.  .199 

17.  Rule  repealed  as  to  the  Pres- 

byterian Churchesof  Canada  199 

18.  Rule  waived   in   the  case  of 

ministers  from  Presbyteries 
in  correspondence  with  the 
Assembly 199 

IV.  To  install  ministers 199 

1.  The   cognizance    of    settling 

pastors  belongs  to  Presby- 
tery  199 

2.  Presbytery  may  refuse  to  in- 

stall even  where  parties  are 
agreed 200 

3.  Presbytery  may  refuse  to  in- 

stall at  its  discretion 200 

V.  To  remove  ministers 200 

1.  Presbytery  has   power  to  dis- 

solve a  pastoral  relation  at 
its  own  discretion 200 

2.  Synod  on  appeal  directs  the 

dissolution  of  the  pastoral 
relation,  and  is  sustained..  .200 

3.  A  pastor  may  not  be  dismissed 

to  a  bod}^  other  than  that  to 
which  his  church  belongs..  .201 

4.  To  dismiss  by  a  committee  is 

unconstitutional 201 

5.  Presbytery  may  not  authorize 

its  Clerk  to  grant  letters  of 
dismission  during  the  inter 
vals  of  its  sessions . .  201 

VI.  To  judge  ministers 201 

1.  The  Presbytery    alone  must 


XVIU 


SYLLABUS, 


judge  of  the  fitness  of  its 
members 201 

2.  The  Presbj'tery  has  discretion 

in  receivmg  members 202 

3.  Presbytery  may  reject  an  ap 

plicant .' 202 

4.  But  not  without  sufficient  rea- 

sons  202 

5.  Rule  as  to  a  member  of  an  ex- 

tinct Presbytery  charged 
with  an  oflfence 203 

6.  How  ministers  and  licentiates 

from  corresponding  bodies 
are  to  be  received 203 

7.  Ministers  dismissed    in   good 

standing  should  be  received 
on  their  testimonials 204 

8.  The   right  of   Presbytery  to 

satisfy  itself 204 

9.  The   right  of   Presbytery   to 

examine  ministers  applying 
for  admission  recognized 
by  both  Assemblies 205 

10.  Examination    of    a    minister 

bringing  a  letter  from 
another  Presbytery  discre- 
tionarj- 205 

11.  A  Presbytery  may  not  give  a 

qualified  dismission  nor  re- 
ceive a  minister  except  on 
a  letter  of  dismission.  Where 
reception  is  void,  the  name 
should  be  stricken  from  the 
roll 205 

12.  Ministers  fnmi  other  denomi- 

nations to  be  carefully  ex- 
amined in  theology 205 

13.  A  Presbytery  may  not  restore 

a  minister  deposed  by 
another 206 

14.  A  minister  who  has  withdrawn 

can  be  restored  only  by  the 
Presbytery  from  which  he 
withdrew 206 

15.  The     name    of   a  suspended 

minister  is  to  remain  upon 
the  roll  206 

16.  Deposition    does    not   neces- 

sarily infer  also  excommu- 
nication. When  both  are 
intended,  it  should  be  so  ex- 
pressed    207 

17.  The  name  of  a  deposed  minis- 

ter to  be  published  in  case 
lie  does  not  cease  from  min- 
isterial functions 207 

VII.  Miscellaneous  questions  per- 
taining to  ministers  and 
churches 207 

1.  Ministers  who   neglect   their 

duty  to  be  summoned  to 
answer 207 

2.  If  persistent  to  be  regularly 

excluded  or  deposed 208 

3.  Presbyteries    to    inspect    the 

fidelity  of  their  members  . .  .208 


4.  Reasons  for  withdrawal  tobe 

required  and  recorded 208 

5.  Compliance  with  the  rule  of 

1834  enforced 208 

6.  Ministers  engaged  in  secular 

callings .208 

7.  When  providentially  incapaci- 

tated, ministerial  privileges 
remain 209 

8.  Ministers  without  charge  are 

constituent  members  of 
Presbytery 209 

9.  All    ministers    are    of   equal 

power  and  privilege '^OO 

10.  May  a  minister  holdcivil  office209 

11.  Maj'  hold  the  office  of  chap 

lain  in  the  army  or  navy  .  .  .210 

12.  Demission  of  the  ministry  now 

permitted 211 

13.  Ministers  who  withdraw  from 

Presbytery  and  unite  with 
another  denomination 
stricken  from  the  roll 211 

14.  Names    of    church    members 

and  ministers  who  withdraw 
irregularly  to  be  stricken 
from  the  roll  under  specified 
circumstances 212 

15.  Duty  of  Presbytery  in  case  of 

members  who  do  not  report. 212 

16.  Authority  for  taking  from  the 

roll  the  names  of  ministers 
serving  churches  in  other 
denominations 213 

VIII.  To  examine  and  approve  or 
censure  church  records.         213 

1.  Presbyteries  must  review  the 
records  of  Sessions 213 

IX.  To  resolve  questions  of  doc- 

trine or  discipline 213 

X.  To  condemn  erroneous  opin- 

ions  213 

XI.  To  visit  particular  churches, 

to  inquire  and  redress 213 

1.  Overture   on   the   right   of  a 

church  to  dismiss  its  elders  ; 
to  deny  the  right  of  appeal, 
and  to  deny  the  authority 
of  the  Presbytery 213 

2.  Unconstitutional     acts    of    a 

portion  of  a  church  are  void. 214 

3.  Presbytery  may,  without  peti- 

tion, direct  an  elder  to  cease 
acting 214 

4.  A  church  may  not  withdraw 

without  consent  of  Presby- 
tery  214 

5.  Course  to  be  pursued  when  a 

church  wishes  to  withdraw. 215 

6.  Presbytery    may    dissolve    a 

church  .'. ' 215 

7.  Dissolution  is  in  thediscreiion 

of  the  Presbytery,  subject  to 
appeal 216 

8.  The  church  must  have  notice 

of  the  proposed  dissolution  .216 


FORM    OF    GOVERNMENT. 


XII.  To  organize,  unite  and 
divide  cliurclies 217 

1.  The  organizing    of   cliurches 

belongs  to  Presbytery 217 

2.  To  divide    and    organize  on 

petition  of  a  minority 218 

3.  Presbytery   may  prohibit   an 

organization 218 

4.  When  new  congregations  may 

be  formed 218 

5.  Churches  should  not  be  organ- 

ized where  the  people  can 
be  supplied  witli  church 
privileges  by  existing  Pres- 
byterian churches 218 

6.  Presbytery   has    power    over 

the  location  of  a  church  . . .  .219 

7.  Presbytery      has     power    to 

divide  a  church 219 

8.  Presbytery     has    power     to 

unite  cliurches 220 

9.  Presbytery   may  not  dismiss 

or  receive  a  church  without 
the  consent  of  Synod 220 

XIII.  To  order  whatever  pertains 
to  the  spiritual  welfare  of 
the  churches . 220 

1.  A  Presbytery  dissolves  a  pas- 

toral relation  on  its  own 
discretion,  for  the  peace  and 
welfare  of  the  church 220 

2.  Power  of  the  Presbytery  oyer 

the  pulpits  of  its  churches  .  .222 

3.  The  power  of  the  Presbytery 

over  unemployed  ministers 
and  vacant  churches 222 

(1)  Committee    of    seven     ap- 
pointed, 1888 222 

(2)  Committees  of  Presbytery 

to  be  appointed 223 

4.  The  higher  judicatories  may 

institute  process  in  cases  in 
whicli  the  lower  have  been 
directed  so  to  do  and  have 
refused  or  neglected  to  obey. 223 


Section  9.  Records 224 

1.  Narratives  and  all  important 

papers  to  be  recorded 224 

2.  Minutes  of  Presbyteries  may 

be  kept  in  print 224 

3.  Churches  holding  services  in 

foreign  languages  to  be 
designated  in  statistical  re- 
ports   234 

4.  The  Stated  Clerk  of  the  As- 

sembly may  on  explicit 
official  information  correct 
errors 224 

5.  Annual  reports  to  the  General 

Assembly 225 

Section  10.  Meetings 22.> 

1.  Presbytery  may  meet  without 

its  own  bounds 22.j 

3.  A  meeting  j)ro  re  itatn   must 

be  called  by  the  moderator 

chosen  at  a  stated  meeting.  .226 

3.  "When   meetings  pro  re  nata 

may  be  called 226 

4.  Applicants  for  a  meeting  7>?'o 

re  nata  may  name  a  time 
and  place  which  the  modera- 
tor may  not  change 226 

5.  "What  business  may  be  done.  .226 

6.  How  the  place  of  the  regu- 

larly appointed  meeting  may 
be  changed 227 

Section  11.  Sermon 227 

1.  The  preacher  not  necessarily  a 
member  of  that  Presbytery. .227 

Section  12.  Corresponding     mem- 
bers  227 

1.  Synods  and  Presbyteries  may 

correspond  with  local  bodies  22 S 

2.  Tlie  ecclesiastical  bodies  must 

be  named 228 

3.  An  elder  cannot  sit  as  a  cor- 

responding member 228 

4.  A  Unitarian  minister  may  not 

be  invited  to  sit 228 


Chapter  XI. 

Section  1.  Constituent  elements  .  .229 

1.  Mode  in   which  a  Synod  may 

become  a  delegated  body. .  .229 

2.  Synod  may  not  refuse  to  re- 

ceive the  members  of  its 
Presbyteries,  nor  order  their 
names  to  be  er?sed 239 

3.  The  Synods  as  constituted  in 

1870 229 

4.  Churches  of  Presbyteries  be- 

yond the  bounds  of  the 
United  States 239 

5.  Synods    organized    between 

1870  and  1881 230 

(1)  Synod  of  Colorado 230 

(2)  Synod  of  Nebraska 230 

(3)  Synod     of    the    Columbia 
[now  Oregon] 330 


Op  the  Synod. 

(4)  Change  of  name,  Columbia 
to  Oregon 231 

(5)  Synod  of  Texas 231 

(6)  Synods    of    Colorado    and 
Utah 231 

(7)  Synod    of    Dakota     [now 
South  Dakota] 232 

(8)  Change  of  name,  Dakota  to 
South  Dakota   232 

(9)  Synod  of  North  Dakota...  .232 

(10)  Bimnds  of  North  and  South 
Dakota 233 

(11)  Catawba 233 

(12)  Indian  Territory 233 

(13)  New  Mexico  234 

(14)  "Washington 234 

(15)  Montana 234 


SYLLABUS. 


(16)  Pacific  changed  to  Cali- 
fornia  235 

6.  The  Synods  as  reorganized  in 

1881 236 

a.  Recommendations  adopted  .336 

b.  The  Enabling  Act 236 

(1)  The  Synod  of  New  York.  .236 

(2)  Pennsylvania .237 

(8)  Ohio 237 

(4)  Indiana 237 

(5)  Illinois 238 

(6)  Iowa 238 

7.  Custody  of  the  records  of  the 

Synods  thus  consolidated. .  .238 

8.  The  official    relation    of   the 

Stated  Clerk  of  a  judicatory 
terminates  by  his  removal 
from  its  bounds.  The  cus- 
tody of  the  records  is  with 
the  Permanent  Clerk  or  Uie 

Moderator 238 

Section  2.  Quorum 239 

1.  When    a    Synod    consists  of 

tliree  Presbyteries,  the  with- 
drawal of  one  of  them  for 
judicial  business  does  not 
destroy  the  quorum 239 

2.  The  rule  as  to  a  quorum  must 

be  observed  Irregular  pro- 
ceedings, how  treated 239 

3.  The  acts  of  less  than  a  quorum 

are  unconstitutional  and 
void 240 

4.  Meetings  ^;rc»  re  rtctfa  constitu- 

tional   240 

5  The  authority  for  a  pro  re  nata 
meeting  is  not  found  in 
Chap.  X,  Sec.  x,  Form  of 
Government 241 

6.  A  pro  re  nata  meeting  to  ap- 

prove the  minutes  sustained. 241 

7.  The  Moderator  must  specify 

the  object  of  the  meeting. .  .241 

8.  When  a  Synod  has  failed  to 

meet  on  its  adjournment,  the 
Moderator  is  competent  to 
call  a  meeting 241 

9.  The  Assembly  may   fix  time 

and  place 242 

10.  The      Moderator      may     not 

change  the  time  of  meeting.  242 

11.  Action    of   Synod    changing 

the  place  of  meeting,  legal- 
ized  243 

12.  How    the  place   of   meeting 

may  be  chan  ged 242 

13.  Business  session  on  the  Sab- 

bath censured 243 

Section  3.  Corresponding       mem- 
bers  243 

1.  The  record  should  name  the 
body  to  which  a  correspond- 
ing member  belongs 343 

Section  4.  Powers  of  Synod 243 

1.  The  Synod  has  appellate  but 
not  original  jurisdiction 244 


2.  The  Synod  may  not  institute 

judicial  process 344 

3.  Synod  may  reverse  and  cor 

rect  the  action  of  Presby- 
tery, but  must  observe  the 
rules  of  discipline 244 

4.  The   Synod   has    jurisdiction 

over  the  members  of  an  ex- 
tinct Presbytery  not  re- 
ceived by  any  other  Presby- 
tery   245 

5.  A   Synod  visits  a  church   to 

ascertain  the  acceptability 
of  its  elders 345 

6.  Sj'nod  may  direct  the  dissolu- 

tion of  the  pastoral  relation. 345 

7.  Synod  has  power  to  direct  a 

Presbytery  to  issue  a  certifi- 
cate of  dismission 245 

8.  The  Assembly  will  not  enter- 

tain appeals  which  do  not 
affect  the  doctrine  or  Consti- 
tution of  the  Church 245 

Section  5.  Meetings 246 

1.  The    above     rule     construed 

literally  and  must  be  obe}^ed246 

2.  The  records  should  state  that 

the  meetings   were    opened 

and  closed  with  prayer 246 

Section  6.  Records 246 

1.  The  records  must  be  full  and 
fair.  Reasons  for  decisions 
must  be  recorded 346 

3.  Tlie  subject  matter  of  com- 

plaints must  be  recorded  . .  .347 

3.  Reasons    for    judicial    action 

must  be  recorded 347 

4.  Synod  of  Atlantic,  defects  ex- 

cepted to  and  the  Synod  re- 
quired to  review  and  correct 
its  proceedings,  which  were 
of  a  judicial  character 248 

5.  Records  should  show  a  com- 

plete roll,  and  action  upon 
reports  ;  censure  may  not 
be  passed  without  trial  or 
self-accusation 348 

6.  Judicial    cases    must    be   de- 

scribed ;  their  character  de 
fined  and  the  significance  of 
and   reasons    for   the  judg- 
ment set  forth 249 

7.  The  subject-matter  of  a  com- 

plaint, and  the  disposal 
made  of  it,  must  be  re- 
corded   350 

8.  Synod  directed  to  correct  its 

records  so  as  to  conform  to 
the  facts  in  the  case 350 

9.  A  special  record  must  be  sent 

up  of  all  judicial  decisions     251 

10.  The     records    must   be     full 

and  fair 251 

11.  Records   should   be   fair  and 

witliout  abbreviations 351 


FORM    OF    GOVERNMENT. 


12.  Corrections  may  not  be  made 

after  review  by  the  Assem- 
bly  251 

13.  Sundry  omissions  and  irregu- 

larities censured 252 

14.  Papers    must    be    preserved, 

pages  numbered 252 

15.  Overture   answered  must  be 

described 253 

16.  The   record    must    state    the 

character  of  a  complaint  and 
whether  due  notice  was 
given.  Reports  adopted 
must  be  recorded.  Record 
must  be  made  of  action 
taken 353 

17.  A   narrative  of  the  state   of 

religion  should  be  prepared 
and  recorded 254 

18.  The    records    must    be    pre- 

sented annually 255 

19.  Synod  of  Tennessee  directed 

to  expunge  certain  matter.  .256 

20.  The  records   must    show   all 

changes  in  the  Presbyteries. 256 

21.  Absentees  must  be  called  to 


answer,   and  reasons   given 
for  tardiness 256 

22.  Names  of  absentees  should  be 

recorded,    and     excuse    for 
absence  required 256 

23.  Synod  may  not  suspend  ab- 

sentees without  trial 256 

24.  The  minutes  should  be  read 

and  approved 257 

25.  No   second   approval   of   the 

minutes  required 257 

26.  The  minutes  must  be  attested 

by  the  Stated  or  Permanent 
Clerk 257 

27.  Records  should    be   kept    in 

handwriting 258 

28.  Permission  to  present  printed 

records ;       conditions     pre- 
scribed  258 

29.  All   the    church    judicatories 

may  follow  the  above  rule.  .258 

30.  The     prescribed     conditions 

must  be  complied  with 258 

31.  Synodical  reports  to  the  As- 

sembly  259 


Chapter  XII.    Ob^  the  General  Assembly. 


Section  1.  Definition 259 

1.  Formation     of    the    General 

Assembly 260 

2.  Organization  of  the  Assembly. 260 

3.  Rules  of  organization.     Com- 

mittee on  Commissions 260 

Standing  order 260 

4.  Mode  of  choosing   the  Mod- 

erator   261 

5.  Mannerof  installing  the  Mod- 

erator   261 

Rules  relating  to  the  Moderator.261 

6.  Communications  addressed  to 

the  Moderator 262 

7.  Moderator  may   not    have  a 

double  vote 262 

8.  Moderator,   when   a  member 

of  a  court  appealed  from,  or 
a  party  in  the  case,  will  not 
preside   262 

9.  Standing  orders  and  rules  1-21|262 

10.  Rules  of  order  for  the  Gen- 

eral Assembly 264 

11.  General  rules  for  judicatories, 

Rules  I-XLIII 265 

12.  Officers  of   the   General   As- 

sembly  269 

i.  The  Moderator 269 

ii.  The  Stated  Clerk 269 

Appointment  of 269 

Duties  of 269 

To  act  as  Treasurer 270 

To  arrange   for  transportation 

of  commissioners 270 

Duties  and  salary 270 

To  secure  needed  clerical  assist- 
ance  271 


iii.  The  Permanent  Recording 
Clerk.  Appointment  and 
duties 272 

Salary 273 

iv.  The  Temporarj'  Clerks 272 

Nominated  by  the  Stated  and 
Permanent  Clerks 273 

Choice  of  Clerks  not  confined 
to  members  of  the  Assembly. 273 

Moderator  and  Clerk  are  minis- 
terial officers  of  the  judica- 
tory  273 

13.  Standing  Committees  of  each 
Assembly.  The  Standmg 
and  Permanent  Committees 
of  the  judicatories  should 
consist  of  ordained  men. 
Numbers  of  members  of 
each  Committee 273 

(1)  Committee  of  Bills  and 
Overtures 273 

(2)  The  Judicial  Committee. .  .275 

(3)  On  the  Polity  of  the 
Church .275 

(4)  On  Foreign  Missions 275 

(5)  On  Home  Missions 275 

(6)  On  Education 275 

(7)  On  Publication  and  Sab- 
bath-school Work 275 

(8)  On  Church  Erection 275 

(9)  On  Theological  Seminaries. 275 

(10)  On  Ministenal  Relief 275 

(11)  On  Freedmen 275 

(12)  On  Aid  for  Colleges  and 
Academies 275 

(13)  On  Correspondence 275 

(14)  On  Benevolence 276 


SYLLABUS. 


(15)  On  the  Narrative 276 

(16)  On  Temperance 276 

(17)  On  Leave  of  Absence 276 

(18)  On  Mileage 276 

(19)  On  Finance 276 

(20)  On     tlie     Records    of    the 
Synods.. 277 

14.  Corresponding  members. 
Ministers  casually  present 
not  invited 277 

1-5.  Delegates  from  correspond- 
ing bodies 277 

16.  Secretaries    of    the    Boards ; 

Stated  and  Permanent 
Clerks  have  privileges  of 
corresponding  members . . .  .277 

17.  Manual   of   the   General   As- 

sembly   277 

Section  2.  Representation 278 

1.  The   former   ratios   of   repre- 

sentation   278 

2.  Where    a    Presbytery    sends 

more  than  its  proper  repre- 
sentation, the  last  elected 
are  refused 278 

3.  Section  2  is  mandatory  both 

as  to  the  proportion  of  min- 
isters and  elders,  and  as  to 
sending  the  full  number. . .  .278 

4.  An  elder  who  is  a  member  of 

a  church  under  the  care  of 
the     Presbytery     may     be 

elected 279 

Section  3.  Quorum 279 

Section  4.  Appellate  powers 279 

1.  The  Assembly  will  not  ordi- 

narily decide  cases  in  tJiesi.  .279 

2.  The   Assembly  cannot  remit 

the  final  decision  of  any 
matter  affecting  the  doctrine 
of  the  Church  to  an  inferior 

judicatory 2-0 

Section  5.  Original  powers 281 

I.  Decisions  and  deliverances  on 

doctrine 281 

II.  Testimony    against  doctrinal 

errors 281 

1.  Deliverance  of  the  Assembly 

of  1837 281 

2.  Explication  of  doctrines 283 

Protest    to    the    Assembly    of 

1887,  including  the  Auburn 
Declaration  so  called 283 

3.  Action  of  the  Old  School  As- 

sembly of  1869,  on  alleged 
toleration  of  doctrinal  errors 
by  the  New  School 285 

4.  Answer  to  this  Protest 285 

III.  To  receive  petitions,  memo- 

rials, appeals,  complaints, 
etc 288 

1.  The  right  to  petition  and  to 

memorialize  the  Assembly 
affirmed 288 

2.  One  who  does  not  submit  is 


debarred  the  right  to  peti- 
tion  289 

3.  Overtures    on    any    pending 

judicial  case  will  not  be  re- 
ceived  289 

4.  The  rule  as  adopted  at  the 

Reunion  of  1870  :  Bills,  over- 
tures, etc.,  received  only 
from  Presbyteries  and 
Synods 290 

5.  The  rule  of  1870  affirmed  and 

enforced 290 

6.  The  rule  does  not  deny  the  ' 

right  of  petition  ;  i's  repeal 
inexpedient 291 

7.  Memorial  from  an  individual 

received 291 

8.  Overtures    contemplated     by 

the  rule  of  1870 defined. . .  .'.292 

9.  Memorials,     overtures,     etc., 

received 292 

IV.  Power  of  visitation 292 

1.  The  power  of  visitation  exer- 

cised by  the  Assembly 293 

2.  Case  of  Lane  Seminary 293 

V.  Pastoral   letters  and  deliver- 

ances  293 

1.  On  Missions 293 

2.  On  occasion  of  the  old  French 

War 293 

3.  On  the  repeal  of  the  Stamp 

Act - 293 

4.  Upon    the     occasion    of    the 

Revolutionary  War  ... 294 

5.  Address    to    Washington    on 

his  election  to  the  Presi- 
dency and  his  reply 294 

6.  On  the  results  of  the  French 

Revolution 294 

7.  On  the  disturbances  in  Ken- 

tucky, etc 294 

8.  On  the  Sabbath 294 

9.  On  Christian  activity 294 

10.  On   prevalent  vices  and  im- 

moralities  294 

11.  On  revivals  and  their  abuses.294 

12.  On  the   maintenance  of  doc- 

trinal purity 294 

13.  On  revivals  of  religion 294 

14.  On   repairing    the   wastes  of 

the  Civil  War 294 

15.  On    the    observance    of    the 

Sabbath 294 

16.  On  the  Civil  War 294 

17.  Report  on   the   perils  which 

beset  the  system  of  popular 
education 294 

18.  Testimony   against    the   sup- 

port of  Roman  Catholic  and 
other  denominational  insti- 
tutions by  public  funds 297 

19.  Protest  against  approi)riation 

of  public  funds  for  ecclesias- 
tical uses 298 

VI.  Power  of  tlie  Assembly  over 

its  own  members 298 


FOBM    OF    GOVERNMENT. 


1.  To  exclude  from  the  rights  of 

membership    pending     pro- 
cess    298 

2.  To  expel  a  commissioner  from 

membersliip 299 

VII.  Of  erecting,   changing   and 
dissolving  Synods 299 

1.  To     dissolve  "a    Synod     and 
transfer  its  Presbyteries. . .  .299 

VIII.  Of  erecting,  changing  and 
dissolving  Pr>^sbyteries 300 

1.  Cases  before  1870 300 

2.  Presbyteries  formed  or  recog- 

nized    by     the      Assembly 
since  the  Reunion,  1870 303 

3.  Presbyteries  dissolved 303 

IX.  To    transfer    churches    from 

one  Presbytery  and   Synod 

to  another 303 

1.  Cases  adjudicated 303 

X.  To  transfer  ministers  from  one 

Presbytery  to  another,  or  to 

a  new  one 304 

1.  Cases  adjudicated 304 

XI.  To  receive  other  ecclesiatical 

bodies 304 

XII.  To  define  the  succession  of 
Presbyteries ....  305 

XIII.  To  correspond  with  foreign 
churches 306 

i.  Churches  in  general 306 

1.  Bodies  with  which  the  As- 
sembly is  at  present  in  cor- 
respondence  306 

2.  Churches  in  Great  Britain 
and  Ireland 306 

(1)  Report  on  foreign  cor- 
respondence   306 

3.  The  Presbyterian  Alliance.  .307 

(1)  Report  of  the  delegates  to 
tlie  London  Conference  of 
187o 307 

(2)  The  Constitution  of  the 
Alliance 308 

(3)  Provision  for  expenses  of 
tlie  Standing  Committee  and 
Secretary   310 

(4)  The  Assembly  will  not  ap- 
point delegates  to  Churches 
represented  in  the  Alliance. 
Exceptions 310 

(5)  Basis  of  representation 
altered 311 

(6)  Plan  of  cooperation  in  work 
on  the  Nortli  American  Con- 
tinent  311 

ii.  Churches  in  America 311 

1.  Proposals  for  correspondence 

with    the     New     England 
churches 311 

2.  Plan  of  correspondence  with 
the  General  Association  of 
Connecticut 311 

3.  The  plan  of  union  and  action 
under  it 813 


4.  Correspondence  with  the  Re- 
formed Churches 813 

5.  Proposal  of    the    Reformed 

(Dutch)  Church  in  America 
declined 313 

6.  Complaint  against  the  Pres- 
bytery of  North  R'ver 313 

7.  Relations  to  the  Presbyterian 
Cliurch  in  the  United 
States 313 

(1)  The  Presbyterian  Church 
in  the  U.  S.  (South)  recog- 
nized as  an  independent 
body 313 

(2)  Correspondence  wnth  the 
Presbyterian  Church  in  the 

U.  S 313 

(3)  Action  touching  those 
adhering  to  the  General 
Assembly  of  the  Presbyte- 
rian Church  in  the  U.  S. 
and  Old  School  Synod  of 
"Missouri  declared  null  and 
void 315 

(4)  Correspondence  Avith  the 
General  Assembly  of  the 
Presbyterian  Church  in  the 

U.  S 316 

Special  Committee  on  Coopera- 
tion appointed 317 

(5)  Cooperation  with  the  Pres- 
byterian Church  in  theU.  S.318 

i.  Foreign  Mission 319 

ii.  Home  field 320 

iii.  Evangelization    of    the 

Colored  People 321 

iv.  Publication 323 

(6)  Committee  of  Conference 
with  the  Presbyterian 
Church  in  the  U.  S.  on 
Colored  Work 323 

(7)  Cooperation  in  Foreign 
Missions  with  the  Presby- 
terian Cliurch  in  the  U.  S. .  .323 

(8)  Overtures  for  organic  union 
with  the  Presbyterian 
Church,  U.  S 324 

Fraternal  letter  and  answer.  .325 

XIV.  Relations  to  non-ecclesias- 
tical bodies 325 

1.  The  Assembly  will  not  peti- 

tion partisan  conventions..   325 

2.  Receives  and  appoints  dele- 

gates only  in  case  of  eccle- 
siastical bodies 325 

XV.  Powers  in  determining 
which  are  true  and  lawful 
judicatories,  and  who  are 
church  officers 326 

1.  Synods  and    Presbyteries   in 

Kentucky  and  Missouri 326 

2.  Case    of   the   Walnut    Street 

Church,  Louisville,  Ky.  The 
Assembly  passes  upon  the 
validity  of  the  election  of 
ruling  elders 327 


SYLLABUS. 


XVI.  The    Assembly  may    pro- 
pose rules  regulative  of  the 
Constitutional      powers     of 
Presbyteries  and  Synods  . .  .330 
Section  6.  Constitutional  rules 330 

1.  Local  evangelists 330 

2.  Examination  for  licensure...  .331 
Constitutional  Rule  No.  2 331 

Section  7.  Meetings 331 

1.  Adjourned    meetings  of  the 

Assembly.      Opinion    of 
Chancellor  Kent 331 

2.  The  adjourned   meetings    of 

1809 332 

3.  Who  may  sit  as  commissioners 

at  an  adjourned  Assembly.  .333 
Section  8.  Dissolution.      Place   of 

meeting 333 

1.  The  place  of  meeting  deter- 

mined by  the   vote  of  the 
Assembly 333 

2.  Permanent  Committee  on  the 

place  of  meeting  of  the  next 
Assembly 334 

3.  Form  of  minute  of  dissolving 

the  Assembly 334 

The  Trustees,  the  Boards, 
AND  THE  Seminaries. 

I.  The  Trustees  of  the   General 

Assembly 334 

1.  The  charter  of  the  Trustees. 334 

2.  The  charter  accepted 336 

3.  Trustees  of  the  Presbyterian 

House 337 

4.  Consolidation  and  merger  of 
the  Trustees  of  the  General 
Assembly  and  of  the  Pres- 
byterian House 338 

5.  Business  regulations 338 

6.  Manner  of  election  of  Trus- 
tees   338 

7.  Record  of  election  by  the 
Assembly .' 339 

8.  The  Trustees  authorized  to 
receive  and  hold  in  trust  be- 
quests made  to  the  Presby- 
terian Historical  Society. . .  .339 

9.  The  official  seal  of  the 
Church 339 

II.  The  Boards  ot  the  Church.  .340 

1.  Concurrent  declarations, 
Assembly  of  1869 340 

2.  Regulations  as  to  minutes, 
reports  and  membership. . .  .341 

3.  Regulations  as  to  use  of 
legacies 341 

4.  No  trustee  or  director  may 
receive  any  salary  or  emolu- 
ment from  the  Board 341 

i.  The  Board  of  Home  Missions. 343 

1.  History 342 

2.  Consolidated  Board  as  estab- 
lished at  Reunion 342 

3.  The  act  of  incorporation. . .  .343 

4.  First  amendment  of  the  act. 345 


5.  Second  amendment  of  the 
act 345 

6.  Pennsylvania  act  authoriz- 
ing transfer  of  property  . .  .  .346 

7.  Principles  and  rules  for  the 
work  of  Home  Missions. . .  .347 

8.  The  school  work:  Woman's 
Board 348 

9.  The  sustentation  scheme. .  .349 
ii.  The  Board  of  Foreign  Mis- 
sions   349 

1.  History 349 

2.  The  organization  of  the 
Board -'oO 

3.  Alterations  necessitated  by 
legislation 350 

4.  Charter  of  the  Board  of  For- 
eign Missions 350 

5.  Amendmeutof  the  charter. 351 
iii.  The  Board  of  Education 351 

1.  History 351 

2.  Board  of  Education  of  the 
reunited  Church 352 

3.  Constitution  of  the  Board.  .352 

4.  Act  of  incorporation  of  the 
Board  (Legislature  of  Penn- 
sylvania)    354 

5.  Act  authorizing  the  transfer 
of  property  of  the  Perma- 
nent Committee  on  Educa- 
tion to  the  Board  of  Educa-' 
tion  (Legislature  of  New 
York) 356 

6.  Rules,  candidates  for  the 
ministry 357 

(1)  Dependence  of  the  Board 
upon  the  Presbyteries 357 

(2)  Reception  of  candidates.  .357 

(3)  Scholarships 357 

(4)  Care  of  candidates 359 

(5)  Particular  duties  of  candi- 
dates    360 

(6)  Exceptional  cases 361 

7.  Planforthe  encouragement 
of  a  missionary  spirit  in 
candidates 361 

iv.  The   Board    of   Publication 
and   Sabbath-school   Work. 362 

1.  History 362 

2.  The  Board  of  Publication, 
organized  1870 362 

3.  The  Sabbath-school  work  of 
the  Board,  three  branches.  .366 

4.  Charter  of  the  Board 366 

5.  Relations  of  the  missionary 
and  publisliing  depart- 
ments   367 

6.  The  Sabbath-school  work 
of  the  Board 368 

7.  Blanks  printed  by  the  Board 
to  be  approved  by  the 
proper  authority  and  so  in- 
dorsed   370 

8.  Reorganization  of  theBoard, 
1887 370 

v.  Board  of  Church  Erection  .  .372 


FORM    OF    GOVERNMENT. 


XXV 


The  Trustees  of  the  Church 
Erection  Fund 373 

1.  The  organization.  .    .  .  .372 

2.  The  phm  for  the  custody, 
care  and  management  of 
the  Church  Erection  Fund. .374 

3.  Acts  of  incorporation 380 

4.  The  charter  amended 381 

5.  Plan  and  rules  for  the  Gen- 
eral Fund 382 

6.  Plan  and  rules  for  the  Loan 
Fund 385 

7.  Plan  and  rules  for  the 
Manse  Fund 386 

vi.  Relief  Fund  for  Disabled 
Ministers,  and  the  Widows 
and  Orphans  of  Deceased 
Ministers 387 

1.  Early  History 387 

2.  The  Board  of  Relief  consti- 
tuted  389 

3.  The  charter  obtained 389 

4.  The  charter 389 

5.  Rules  of  the  Board  of  Re- 
lief  391 

vii.  The  Board  of  Missions  for 
Freedmen 393 

1.  The  plan  of  the  Committee 
adopted  in  1870 393 

2.  Relative  duties  and  author- 
ity of  the  Board  and  the 
Presbyteries 394 

3.  Charter  of  the  Board 394 

viii.  The  Board  of  Aid  for  Col- 
leges and  Academies 396 

1.  Establishment  and  Consti- 
tution of  the  Board 396 

2.  The  Bible  to  be  used  as  a 
text-book 397 

3.  The  charter  of  the  Board  of 
Aid  for  Colleges  and  Acade- 
mies   397 

ix.  The  Special  Committee  on 
Systematic  Beneficence  ....400 

1.  History  and  appointment.  .400 

2.  Committee  enlarged  t  o 
twelve 400 

3.  Name  changed.  Work  and 
expenses  400 

X.  The  Permanent  Committee 
on  Temperance 401 

1.  Organization  and  work. . .  .401 

2.  Reorganized  and  located  in 
Pittsburgh 401 

3.  Cooperation  with  the  com- 
mittee. Provision  for  ex- 
penses   402 

xi.  The  Church  at  Home  and 
Abroad  403 

1.  The  magazine  established.  .403 

2.  The  special  committee  con- 
tinued, with  powers 403 

3.  The  committee  enlarged. .  .404 
xii.  The  Assembly  Herald 404 

1.  The  paper  established 404 


2.  Report  of  the  special  com- 
mittee, 1895,  189fi 405 

3.  Authority  for  editing. ....  .4.06 

xiii.  Woman's  Work  for  Mis- 
sions   406 

1.  Home  missions 406 

2.  Foreign  missions 406 

3.  Freedmen's  missions 406 

III.  Theological  Instruction 407 

i.  General  matters 407 

1.  Overtures  for  the  establish- 
ment of  a  theological  school.  407 

2.  Answer  to  a  memorial  on  en- 
tire uniformity  in  the  gov- 
ernment and  course  of  study 
in  the  theological  schools  of 
our  Church 408 

3.  Plans  proposed 409 

4.  Report  on  theological  semi- 
naries, 1870 410 

5.  Proposal  of  Union  Theo- 
logical Seminary,  1870 413 

6.  Limitations  of  the  time  with- 
in which  the  Assembly  may 
exercise  its  veto  in  the  elec- 
tion of  a  professor 415 

7.  Committee  on  the  Relations 
of  the  Assembly  and  the 
Seminaries 415 

8.  Committee  on  Theological 
Seminaries.  Report,  1893  . .  .416 

9.  Report,  1894 417 

10.  Report,  1895 419 

11.  Report,  1896 420 

12.  Report,  1897 421 

13.  Approval  or  veto  of  elec- 
tions of  officers  and  pro- 
fessors  421 

IV.  The  Theological  Seminaries,422 
i.  Princeton  Theological  Semi- 
nary  422 

1.  Plan  of  Princeton  Theo- 
logical Seminary 422 

2.  Property  to  be  held  by  the 
trustees  of  the  Assembly...  .429 

3  Directors  to  secure  a  char- 
ter  429 

4.  Charter  at  first  declined  by 
the  Assembly 429 

5.  Orders  given  in  connection 
with  the  charter 429 

6.  Trustees  elected  by  the  As- 
sembly   ' 430 

7.  Agreement  with  the  trus- 
tees of  New  Jersey  College. 4:^0 

8.  The  charter 432 

9.  Answer  of  the  Princeton 
Boards  to  the  Assembly  of 
1895 435 

10.  Action  of  the  Assembly  of 
1895 440 

11.  Answer  of  the  Princeton 
Boards,  1896 440 

12.  Action  of  the  Assembly, 
1896 440 


XXVI 


SYLLABUS. 


13.  Request  of  the  Princeton 
•Boards,  1897 440 

14.  Action   of  the    Assembly, 
1897 441 

ii.  The  Theological  Seminary 
at  Auburn 441 

1.  The  charter 441 

2.  Action  of  the  trustees  and 
commissioners  of  Auburn, 
1871 443 

3.  The  Assembly  approves 
professors 443 

4.  Answer  of  the  Auburn 
Boards,  189o 444 

5.  Action  of  the  Assembly, 
1895 444 

6.  Answer  of  the  Auburn 
Boards,  1896 445 

7.  Action  of  the  Assembly, 
1896 447 

8.  Answer  of  the  Auburn 
Boards,  1897 448 

9.  Action  of  the  Assembly, 
1897 449 

iii.  Western  Theological  Semi- 
nary at  Allegheny,  Pa 449 

1.  Plan  of  the  Western  Semi- 
nary   449 

2.  The  charter  of  the  Wes- 
tern Seminary 456 

3.  Acceptance  by  the  direc- 
tors of  the  plan  of  1870 459 

4.  The  Assembly  to  approve 
the  election  of  trustees 459 

5.  Answer  of  the  Boards, 
1895 459 

6.  Action  of  the  Assembly, 
1895 460 

7.  Answer  of  the  Boards, 
1896 460 

iv.  Lane    Tlieological     Semi- 
nary  461 

1.  Charter  and  amendments. 461 

2.  The  plan  of  the  Assem- 
bly adopted  by  the  trustees. 463 

3.  Report  of  the  Standing 
Committee  on  Theological 
Seminaries,  1893.  Approval 
withheld 463 

4.  Reorganization  r  e  c  o  m  - 
mended.  Committee  of  Visi- 
tation appointed.  The  semi- 
nary restored  to  full  stand- 
ing  463 

5.  Report  of  the  Special  Com- 
mittee to  visit  Lane,  1895..  .464 

6.  Final  report  of  the  Special 
Committee  to  visit  Lane, 
1896 465 

7.  Answer  of  the  trustees  to 
the  Assembly,  1895 466 

8.  Answer  of  the  trustees, 
1896 466 

9.  Answer  of  the  trustees,  1897. 466 
10.  Action  of   the    Assembly, 

1897 468 


V.  Union  Theological  Semi- 
nary  468 

1.  The  agreement  of  1870  . .  .468 

2.  The  veto  of  Prof.  Charles 

A.  Briggs,  D.D 468 

3.  Report  of  Committee  of 
Conference,  1892 469 

4.  Agreement  recognized  as 
binding 469 

5.  Paper  adopted  by  the  joint 
conference,  1892 469 

6.  Report  of  Union  Seminary 
on  the  status  of  Prof.  Briggs, 
1892 470 

7.  Request  of  Union  Semi- 
nary for  the  annulment  of 
the  agreement  of  1870 470 

8.  The  Assembly  declines  to 
break  the  agreement  of  1870.470 

9.  The  Assembly  proffers 
arbitration   471 

10.  Report  on  arbitration, 
1893 471 

11.  The  resolution  of  tlie  direc- 
tors, May  16,  187C,  rescinded, 
and  the  arrangement  be- 
tween the  Union  Theologi- 
cal Seminary  and  the  Gen- 
eral Assembly  alleged  to  be 
terminated 472 

12.  Action  of  the  Assembly, 
1893.  All  responsibility  for 
teaching  disavowed.  Re- 
ports declined 473 

13.  The  Board  of  Education 
enjoined  to  aid  such  students 
only  as  are  in  attendance 
upon  seminaries  approved  by 
the  Assembly 475 

14.  Action  of  the  directors  on 
the  Assembly's  plan  of  1894.475 

15.  Action  of  the  Assemblv, 
1896 "..475 

vi.  Danville  Theological 
Seminary 476 

1.  Plan  as  amended  by  the 
Assemblv,  1873 476 

2.  Charter 486 

3.  Action  of  the  Assemblv  of 
1873 :...489 

4.  Answer  of  the  Board  of 
Directors,  l.'^94 489 

5.  Answer  of  the  Board  of 
Trustees,  1894 490 

6.  Action  of  the  Assemblv, 
1895 '.491 

vii.  The  McCormick  Theo- 
logical Seminary 491 

1.  Constitution 491 

2.  Charter  and  supplements. 495 

3.  Relations  to  the  General 
Assemlily 499 

4.  Answer  of  the  McCormick 
Boards,  1895 499 

5.  Answer  of  the  Board  of 
Directors,  1896 500 


FORM    OF    GOVERNMENT. 


6.  Answer  of  the   Board  of 
Directors,  1897 500 

7.  Answers  of  the  Assembly. 501 
viii.  Blackburn  University  .  .  .501 

1.  History  of  relation  to  the 

General  Assembly 501 

ix.  San  Francisco  Theological 
Seminary 502 

1.  Revised  plan 502 

2.  Action  on  the  Assembly's 
plan  of  1894 508 

X.  German  Theological  School 
of  the  Northwest 510 

1.  Articles  of  incorporation.  .510 

2.  Action  on  the  Assembly's 
plan  of  1894 512 

xi.  German     Theological 
School  of  Newark,  N.  J  . . . .  512 
1.  The  charter 512 


2.  Supplement 513 

3.  Constitution 514 

4.  Action  on  Assembly's  plan 

of  1894 516 

xii.  Lincoln  University 516 

1.  The  charter 516 

2.  Supplements  to  the  charter  517 
Amendments,  1897 519 

3.  Action  on  the  Assembly's 
plan,  1894 519 

xiii.  Biddle  University 520 

1.  The  charter 520 

xiv.  Presbyterian  Theological 
Seminary  at  Omaha 522 

1.  Articles  of  incorporation.  .523 

2.  Act     of     Legislature     of 
Nebraska 523 

3.  Action  of  Board  of  Direc- 
tors, 1895 524 


Chapter  XIIL    Of  Electing  and  Ordaining  Ruling  Elders  and 

Deacons. 


Section  1.  Necessity  for  regula- 
tions    524 

Section  2.  Mode  of  election.  Quali- 
fications   525 

1.  Elders  must  be  duly  elected 

and  set  apart 585 

2.  The     Session     may     propose 

names  to  the  congregation.  .525 

3.  A  meeting  for  the  election  of 

elders  can  be  called  regu- 
larly only  by  the  Session, 
or  by  some  higher  court . . .  .525 

4.  Relation  of  the  Session  to  the 

meeting  of  the  electors 526 

5.  The  pastor  is   Moderator  ex- 

officio  of  a  meeting  to  elect 
elders  and  deacons 526 

6.  A    superior   judicature    may 

authorize  the  meeting 526 

7.  The  remedy  in  case  the  Ses- 

sion refuse  to  convene  the 
congregation  is  to  complain 
to  Presbytery 526 

8.  Irregularity  in  call  of  meeting 

does  not  necessarily  invali- 
date the  election 526 

9.  Ministers  are  not  eligible  to 

the  eldership 527 

An  exception   allowed    in  the 
case  of  foreign  missionaries, .529 

10.  Uniformity    in   the    mode  of 

election  deemed  impractica- 
ble  529 

11.  The  mode  most  approved  and 

in  use  may  be  changed  by 
the  congregation.  Direct 
vote  advised 529 

12.  The  right  of  the  superior  judi- 

catory to  interfere  with  the 
mode  in  use  disavowed 530 

13.  Who  are  the  electors  of  ruling 

elders  and  deacons  1 530 


[a)  Members  not  commiinicants, 
where  such  is  the  usage  . . .  .530 

(6)  Only  baptized  persons  al- 
lowed to  vote  for  ruling 
elders 530 

(c)  Neither  the  presiding  officer 
nor  the  Session  may  dis- 
qualify voters  whose  stand- 
ing has  not  been  impaired  by 
judicial  process 531 

{d)  Most  consonant  to  our  form 
of  government  that  commu- 
nicants only  be  the  electoTS.531 

(e)  No  distinction  to  be  made  as 
to  the  age  of  electors 531 

(/)  The  roll  of  members  is  the 
list  of  voters 531 

{g)  Two-thirds  vote  recom- 
mended in  some  cases 532 

14.  All  oflice-bearers  must  faith- 

fully accept  the  Standards.  .532 

15.  Mode  of  electing  for  a  term  of 

years 532 

16.  No  authority  for  the  election 

and  ordination   of   deacon- 
esses   532 

17.  Systematic  training  of  women 

workers  commended 532 

Sections  3-5.  Mode  of  ordination.. 533 

1.  Mode  of  ordination.     Laying 

on  of  hands  approved 534 

2.  Ordination    essential    to    the 

validity  of  the  judicial  acts 
of  an  elder 53i 

3.  Irregularity  in  mode  of  elec- 

tion    does    not     invalidate 
ordination 534 

4.  Installation    required  on    re- 

suming the  office 534 

5.  An  elder  who  has  removed  or 

resigned,  if  reelected,   must 
be  again  installed 535 


XXVlll 


SYLLABUS. 


6.  Mode    of   installation    of    an 

elder  already  ordained 535 

Section  6.  Perpetuity  of  office 535 

1.  Perpetuity      of      the      office 

affirmed 536 

Length  of  service  left  to   the 
decision  of  the  church 536 

2.  Restoration   to  church   privi- 

leges does  not  restore  to  the 
eldership 536 

3.  An  elder  without  charge  can 

sit  in  no  church  court 537 

Section  7.  Withdrawal    from   ser- 
vice   537 

1.  Elders  who  cannot  acquiesce 
in  the  decisions  of  the 
superior  courts  should  re- 
sign      •  •  • 537 

3.  Elders  may  cease  to  act  in 
order  to  promote  the  peace 
of  the  church 537 

3.  The  superior  court  directs  an 

elder  to  cease  to  act 538 

4.  The   Presbytery   without  the 

request  of  the  Session  or  of 
the  members  of  the  church, 
may  declare  that  an  elder 
shall  cease  to  act 538 

5.  If  a  member  of  Session  be  un- 

acceptable, and  the  matter 
cannot  be  arranged  by  con- 
sent, the  proper  step  is  to 
memorialize  Presbytery  .  . .  .538 

6.  Resignation   of   an    elder  or 

deacon  to  be  tendered  to 
the  Session,  and  to  take  effect 
when  accepted 538 


7.  The    removal   of    suspension 

restores  all  rights  and  privi- 
leges to  an  elder 538 

8.  When    an   elder  resigns,  the 

Presbytery  is  not  competent 
to  order  his  restoration 589 

9.  The    official   relations  of   an 

elder  to  his  church  terminate 

with  his  dismission 540 

Section  8.  Term  service 541 

1.  Elders   not   reelected  on  the 

adoption  of  term  service 
cease  to  be  acting  elders  in 
that  particular  church 541 

2.  When  reelected,  should  be  re- 

installed  541 

3.  The    above    not    retroactive, 

and  does  not  invalidate  the 
actioii  of  the  Session 541 

4.  Reinstallation  of  a  reelected 

elder  not  essential  to  the 
validity  of  his  office,  but  is 
more  orderly 542 

5.  One   or  two  elders    may    be 

elected  under  Sec.  8 542 

6.  In  introducing  term  service, 

one  or  more  classes  may  be 
elected  for  less  than  three 
years 542 

7.  The  term  must  be  three  years 

and  the  classes  three 543 

8.  Elders   not    reelected    under 

this  section  may  be  dele- 
gates to  the  superior  judi- 
catories   543 


Chapter  XIV.    Of  Licensing  Candidates  or  Probationers  to  Preach 

THE  Gospel. 


Section  1.  Need  for  probation  . . .  .543 

1.  Preaching  without  licensure 

condemned  as  irregular 543 

2.  On  the  licensing  and  ordain- 

ing of  women  to  preach  the 
Gospel 544 

3.  Women  may   not  fulfill   the 

offices  of  public  preachers  .  .544 
The  above  reaffirmed 544 

4.  The  Board  of  Education 545 

Section  2.  Presbytery  with  which 

connected 545 

1.  The  usage  under  the  Synod, 

prior  to  the  adoption  of  the 
Constitution 545 

2.  Licensure    by    bodies    other 

than  those  within  wliose 
bounds  the  candidate  ex- 
pects to  labor  disapproved. .545 

3.  Candidates  should  be  placed 

under  the  care  of  Presbytery 546 

4.  Instructions  to  the  Presbytery 

of  New  York  in  tlie  case  of 
theological      students    pur- 


suing studies  in  certain 
theological  seminaries 546 

5.  The  above   action   explained 

and  reaffirmed  ;  does  not 
relate  to  the  licensing  of 
candidates 547 

6.  The  above  action   (4  and  5) 

universal  in  application  . . .  .548 

7.  Careful  supervision  to  be  ex- 

ercised both  in  receiving 
candidates  and  over  their 
studies 548 

8.  No  candidate  to  be  received 

by  the  Board  until  he  has 
been  a  church  member  one 
year,  and  passed  classical 
studies  for  one  year 549 

9.  Candidates      must      connect 

themselves  with  the  Presbj'- 
tery  to  which  they  naturally 

belong    549 

Should  retain  their  connection 
with  that  Presbytery 549 


FORM    OF   GOVERNMENT. 


XXIX 


Exceptional  case  where  no 
Presbytery  exists 549 

10.  A  mission  lias  no  authority  to 

license  or  ordain 549 

11.  Deliverance  on   the   relation 

sustained  by  students  who 
have  been  taken  under  the 
care  of  a  Presbytery  to  the 
Presbytery  receiving  them.  .550 

12.  The  Assembly's   power  over 

the  education  of  students. 
Presbyteries  directed  to 
supervise 551 

13.  Presbyteries  to  choose  semi- 

naries, etc.,  for  all  students.552 

14.  Rules  of  the  Board  of  Educa- 

tion in  relation  to  students.. 553 
Section  3.  Testimonials 552 

1.  A  liberal  education  required. .552 
To  keep  pace  with  the  progress 

of  society  and  of  letters 552 

Letterto  David  Rice  on  thorough 
literary  training  for  the 
ministry 553 

2.  Liberal  education  waived  in 

certain  cases 553 

Case  of  John  Griffith 553 

Case    of    John    Gloucester,    a 

colored  man .  .558 

3.  Great  caution    prescribed  in 

exceptional  licensures.  ...    .553 

4.  In   what    cases  aid   shall  be 

witlidrawn 553 

5.  A  candidate  must  be  a  mem- 

ber of  some  particular  Pres- 
byterian church 554 

Section  4.  ExaminatioTi  of  candi- 
dates   554 

1.  The    "Latin  Exegesis"    not 

stricken  out 554 

2.  Presbytery  has  discretion  as 

to  a  substitute 555 

3.  Examination  in  the   English 

Bible  mandatory  (Constitu- 
tional Rule  No.  2) 555 


Section  5.  Examination  continued555 
1.  Examination    in    the     Cate- 
chisms recommended 555 

Section  6.  Academic  and  theologi- 
cal studies 555 

1.  Effort  to  extend  the  time  of 

study  to  tliree  years 555 

Rule  of  a  lower  judicature  un- 
constitutional   556 

Overture   sent    down,    but  not 
adopted 556 

2.  Full     term    of    three    years 

urgently  recommended 556 

3.  A    pledge  to  a  three    years' 

course  not  unconstitutional. 556 

4.  Regulations    as    to    extraor- 

dinary cases .  557 

Section  7.  Manner  of  licensure  . .  .557 
1.   Form    for   licensure   of  local 

evangelists 557 

Section  8.  Form  of  licensure 557 

1.  Record  of  licensure   may  be 

made  in   "  like  form  " 558 

Section  9.  Candidate  removing  out 

of  bounds 558 

Section  10.  Licentiate  removing  out 

of  bounds .558 

Section  11.  Recalling  of  license. .  .559 

1.  Limitation     of    the    time    to 

which  a  license  may  extend 
to  four  years 559 

2.  Length    of   license    of    local 

evangelists 559 

3.  The    above     rule    does     not 

abridge  the  power  of  the 
Presbyteries  to  license  in 
extraordinary  cases 559 

4.  Discretion  of  the  Presbytery 

in  granting  and  recalling 
licenses 560 

5.  Licentiates  belong  to  the  laity 

and  are  subject  to  the  Ses- 
sion   560 

6.  A   licentiate    may    solemnize 

marriage  if  authorized  by  law561 


Chapter  XV.   Of  the  Election  and   Ordination   of  Bishops  or  Pas- 
tors, AND  Evangelists. 


Section  1.  Meetings  for  election  of 

pastors,  how  called 561 

1.  Steps  to  be  taken  by  a  vacant 
congregation  looking  to  the 

election  of  a  pastor 561 

Section  2.  Minister  to  assist 563 

Section  3.  Notice  of  election 563 

Section  4.  Procedure  at  election  .  .563 
1.  Who   may  vote  in   the   elec- 
tion of  a  pastor 563 

{a)  Action  of  the  General  Pres- 
bytery, 1711 563 

(&)  The  presiding  officer  may 
not  disqualify  voters  whose 
standing  has  not  been  im- 
paired by  judicial  process. .  .563 


(f)  Right  of  voting  not  limited 
to  communicants  unless  ex- 
pressly so  declared 563 

(d)  Overture  confining  the  vote 
to  communicants  not  adopt- 
ed  564 

(e)  All  communicant  members 
have  right  to  vote  in  electing 

a  i)astor 564 

(/)  Members  of  the  congrega- 
tion who  contribute  to  the 
support  of  the  church  en- 
titled to  vote  in  the  election 
of  a  pastor 564 

(g)  Authoritative  lists  of  voters. 565 
Section  5.  Majority  and  minority.. 565 


SYLLABUS. 


Section  6.  Form  of  call 565 

1.  Early    action.     Glebe     and 

parsonage  recommended  . .  .565 

2.  Adequate    provision     to     be 

urged 566 

3.  Liberality  in  the   support  of 

the  ministry  urged 566 

4.  Presbytery  may  refuse  to  in- 

stall when  the  salary  is  in- 
sufficient   567 

5.  Congregation    urged  to    pro- 

cure parsonages 567 

Section  7.  Subscription  to  call. . .  .568 

Section  8.  Installation •. .  .568 

1.  Installation  of  pastors-elect  in- 
sisted on,  and  none  to  be 
designated  as  P.  E.  whose 
call  has  not  been  regularly 
acted  on.    Who  may  not  be 

reported  as  P.  E... .' 568 

Section  9.  Presbytery  and  the  call. 568 
1.  The  Presbytery    may  refuse 

to  permit  a  call 569 

Complaint  of   the  Kev.  Mr. 

Edgar 5<)9 

Section  10.  Call  to  licentiate  of  an- 
other Presbytery 569 

Section  11.  Trials  for  ordination.  .569 
1.  Ordination    on    the    Sabbath 
discouraged,  but  at  the  dis- 
cretion of  the  Presbytery.  .  .570 
Section  12.  Questions  to  candidate 

at  ordination 570 

1.  The     assent    embraces     the 

Larger    and    Shorter    Cate- 
chisms   571 

2.  Ordination  l)y   a  commission 

unconstitutional 571 


Section  13.  Questions  to  people  at 

ordination 571 

Section  14.  Form  of  ordination  . .  .571 

1.  Lay  ordination  invalid 572 

2.  Elders  not   to    participate  in 

the  orilinalion  of  ministers 
by  the  laying  on  of  hands.  .572 

3.  An    elder,     being    moderator 

of  Presbytery,  cannot  pre- 
side at  the  ordination  of  a 
minister,  nor  propound  tlie 
constitutional  questions,  nor 
take  part  in  the  laying  on  of 
hands  of  the  Presbytery,  nor 
make  the  ordaining  prayer.. 572 

4.  Tlie  part  which  ministers  of 

other  bodies  may  take  in  or- 
dinations and  installations.  .573 
Section  15.  Ordination  of  evange- 
lists  573 

1.  Ordination  as  an    evangelist 

to  labor  in  feeble  churches.  .573 

2.  Ordination    of    a      licentiate 

who  proposed  to  continue 
teaching 573 

3.  Presbyteries  should    not    or- 

dain the  candidates  of  other 
Presbyteries 573 

4.  Ordination  sine  titiilo 574 

5.  Ordination   sine  titulo.  Over- 

lure  on,  rejected 574 

6.  Censure  of  Synod  for  ordina- 

tion sine  titulo  not  sustained. 575 

7.  Missionaries  may  not  ordain 

ministers 575 

8.  Nor  organize  a  church  with- 

in the  limits  of  a  Presbytery 
without  its  leave 575 


Chapter  XVI.   Op  Translation,  or   Removing  a   Minister  from  One 
Charge  to  Another. 


Section  1.  Translation    only  by 

Presbytery 575 

1.  Removal  without  consent  of 

Presbytery 575 

Section  2.  Mode  of  translation  in 

same  Presbytery 575 

1.  Consent  of  parties  may 
shorten  process 576 


Section  3.  Mode  of  translation  in 

another  Presbytery 576 

1.  Pastor  and   church   must  be- 
long to  the  same  Presbytery. 576 

Sections  4-7.  Manner  of  installa- 
tion   576 


Chapter  XVII.   Of  Resigning  a  Pastoral  Charge. 


1.  Whether  the  relation  shall  be 

dissolved  at  the  meeting 
where  the  recjuest  is  made, 
left  to  the  discretion  of  the 
Presbytery 578 

2.  If  the  parties  are  agreed,  the 

relation  ma}^  be  dissolved  at 
the  first  meeting 578 

3.  A    pastoral     relation     ceases 

with  the  action  of  the  Pres- 
bytery dissolving  it,  when 
no  other  time  is  designated. .578 

4.  A  meeting  of  the   congrega- 

tion  without    the    presence 


and  cooperation  of  the  pas- 
tor is  valid,  he  having  re- 
quested the  dissolution  ..    .578 

5.  Where   a  Synod,    on  appeal, 

dissolves  the  pastoral  rela- 
tion on  petition  of  a  minority, 
it  is  sustained  579 

6.  Tlie   rule   should   be   strictly 

observed  and  enforced 580 

7.  Presbytery    may    dissolve    a 

])astoral  relation  without  a 
meeting  of  the  congregation 
being  held 580 


FORM    OF    G0VERT5MENT. 


Chapter  XVIII.   Op  Missions. 


1.  The   Standing    Committee  of 

Missions  appointed 581 

2.  The  Board  of  Missions 582 

3.  Enlargement  of  powers 583 


4.  Synodical  sustentation .  .583 

5.  Presbyterial  oversight  of  va- 

cant churches 584 


Chapter  XIX.   Op  Moderators. 


Section  1.  Need  of  Moderator  . . .  .584 
Section  2.  Powers  of  Moderator  .  .584 

1.  The  Vice-Moderator 684 

2.  The    Moderator  not  necessa- 


rily a  member  of  the  judica- 
tory   584 

Section  3.  Who  maj  be  Moderator.585 


Chapter  XX.    Op  Clerks. 


1.  The  term  of  service  of  their 
Stated  Clerks  is  at  the  discre- 
tion of  the  several  judicato- 
ries  586 


2.  The  Clerk  not  necessarily  a 
member  of  the  judicatory. . .  586 


Chapter  XXI. 


Op  Vacant  Congregations  Assembling  for  Public 
Worship. 


Vacant  congregations  to  meet 
for  worship  on  the  Lord's 
Day 587 

Elders  of  vacant  congrega- 
tions should  be  interrogated 
as  to  the  observance  of  this 
rule 587 


3.  Right  of  ruling  elders,  in  the 

absence  of  the  pastor,  to  ex- 
plain the  Scriptures  and  to 
exhort 587 

4.  Presbyterial  oversight  of  va- 

cant churches 588 


Chapter  XXII.   Op  Commissioners  to  the  General  Assembly. 


Section  1.  Time  for  appointment.. 588 

1.  The  rule  not  enforced  in  the 

case  of  missionary  Presbyte- 
ries    588 

2.  No  election  through  the  Pres- 

bytery failing  to  meet 589 

3.  Commissioner     enrolled     on 

petition  of  members  of  his 
Presbytery 590 

4.  Commissioners    from    new 

Presbyteries 590 

5.  Commissioners,  not    ruling 

elders,  under  the  Plan  of 
Union 591 

6.  Commissioners  should  attend 

to  the  close  of  the  Session.. 
Presbyteries  to  call  their 
commissioners  to  account. .  .591 

7.  A  commissioner,  having  taken 

his  seat,  may  not  resign  it 
to  his  alternate  or  principal. 592 

8.  Rule  dispensed    with    under 

jieculiar  circumstances 593 

9.  The  right  of  alternates  to  sit 

is  at  the  discretion  of  the 
j  udicatory 594 

10.  Atan adjourned meetingalter- 

uates  enrolled 594 

11.  Ratios  and  excess  of  represen- 

tation  595 

12.  Ruling  elder  need  not  be   a 

member  of  the  Presbytery.  .595 


13.  Ruling  elders  who  have  been 

dismissed  from  the  church 
in  which  thej'  served,  to  an- 
other, cannot  be  elected. . .  .595 

14.  Power  to  expel  commissioners. 595 
Section  2.  Commissions 595 

1.  The    rule   must  be  complied 

with.  A  certificate  of  ap- 
pointment is  not  a  commis- 
sion   .595 

2.  Irregularities  and   defects  in 

commissions,  commissioners 
received.     The  usage .596 

3.  Some    evidence    of    appoint- 

ment necessary ,597 

4.  The  Assembly  will  not  go  be- 

hind a  commission 597 

5.  Assembly's  Permaneut  Com- 

mittee on  Commissions 597 

6.  Advisory  members 597 

7.  Corresponding  members 598 

(a)  Officers  of  t^ie  Assembly.  .  .598 

(b)  Secretaries  of  the  Boards..  .598 

(c)  Delegates  from  correspond- 
ing bodies.  Ministers  casu- 
ally present  are  not .598 

Section  3.  Provision  for  expenses. 598 

1.  The    Commissioners'     Fund. 

Former  plans 598 

2.  Mileage   and    Contingent 

Funds 598 

Entertainment  Fund 6U0 


XXX 11 


SYLLABUS. 


When  the  apportionment  should 
be  forwarded  to  the  Stated 
Clerk 600 

3.  None  of  the  church  judicato- 
ries have  power  to  assess  a 
tax  upon  the  churches 600 


Stated    Clerk    authorized    to 
pay  additional  bills 601 

Power  of  the  Assembly  over 
these  funds 601 


Sections  1-7 

1.  Duty   of  the  Stated  Clerk  in 
reference  to  answers  to  over- 


Chapter  XXIII.    Op  Amendments 
602 


tures.  Committee  of  Can- 
vass, and  action  of  the  As- 
sembly  603 


PART  IV.     THE  BOOK  OF  DISCIPLINE. 
[Chapter  I.   Op  Discipline  :  Its  Nature,   Ends,  and  Subjects. 


Section  1.  Definition  of  discipline. 604 
Section  2.  The  ends  of  discipline.  .604 

1.  Prompt  discipline  best  fitted 

to  secure  a  happy  issue 604 

2.  The  censure  must  be  propor- 

tionate to  the  offence.  Sen- 
tence reversed  where  the 
censure  was  too  severe 604 

3.  The    decisions    of    the    civil 

courts  not  conclusive  in  the 
judicatories  of  the  Church. 
Every  member  of  the  Pres- 
byterian Church  entitled  to 
a  fair  trial  according  to  the 
methods  of  his  church,  be- 
fore condemnation 605 

4.  Greattenderness  enjoined  . .  .606 
Section  'S.  An  offence  defined 606 

I.  Doctrine 606 

II.  Morals 606 

1.  Breach  of  Sabbathobservancp. 606 

2.  Theatrical     exhibitions     and 

dancing  condemned 607 

3.  Popular  amusements  in  gen- 

eral   609 

4.  Card-playing    and    games  of 

chance.     The  dance  and  the 
theatre.   Progressive  euchre. 612 
The  theatre  and  the  opera 612 

5.  Gambling,     lotteries,     horse- 
racing,  betting,  etc 615 

Duelists  excluded  from  church 
I^rivileges.  Ministers  should 
not  attend  the  funeral  of  a 

fallen  duelist 617 

Slavery  and  slaveholding. . .  .617 
On  the  lynching  of  Negroes.  .617 

Intemperance 618 

Total  abstinence  from  the  use 

of  wines,  liquors,  etc.,  urged  619 
Manufacture    and    traffic     in 
ardent  spirits  condemned. .  .621 
12.  The  manufacture  and  sale  of 
intoxicating     drinks     an 
offence 621 


6. 


9. 
10. 

11. 


Those  engaged  in  the  manu- 
facture or  traffic  in  intoxi- 
cating liquors  should  not  be 
received  or  retained  in  the 
church 624 

13.  Prohibitory  laws 624 

14.  A  gainst  the  manufacture  and 

sale  of  intoxicating  liquors 
and  renting  property  for 
such  uses 625 

15.  The     "saloon,"    licensed    or 

unlicensed,  a  curse  to  our 
land 626 

16.  The    Presbyterian    Woman's 

Temperance  Association  in- 
dorsed    626 

17.  The  deliverances  of  the  past 

eighty  years  to  be  printed  .  .626 

18.  Temperance  training  and  edu- 

cation for  the  young 627 

19.  Men    of   intemperate    habits 

and  official  position 627 

20.  Political  parties  and  licenses. 628 

21.  Temperance  Sabbath 628 

22.  Communion  wine 628 

23.  Permanent      Committee     on 

Temperance 628 

24.  Relation  ol   temperance  and 

other  moral  societies  to  the 
Church 628 

25.  Temperance  delegates 630 

26.  Purity  in  literature  and  art  .  .6i0 

27.  Cruelty  to  animals 630 

Section  4.  The     Holy     Scriptures 

and  offences 631 

1.  New     terms    of    communion 

cannot  be  sanctioned 631 

2.  Each  case  must  be  judged  by 

its  own  circumstances 631 

3.  Sins    forbidden    in    the    Ten 

Commandments,      Larger 

Catechism 632 

Section  5.  Church  membership  of 

children 634 


BOOK    OF    DISCIPI.INK, 


XXXlll 


Chapter  II.   Of  the  Parties  in  Cases  of  Process. 


Section  6.  Prosecutor  necessary. .  .635 

Section  7.  Evidence   necessary   to 

process 635 

Section  8.  Reconciliation  in  private 

cases 635 

1.  No  testimony  may  be  intro- 
duced injurious  to  parties 
not  on  trial 635 

Section  9.  Private  conference 636 

Section  10.  Prosecutor    in     public 

cases    636 

Section  11.  Prosecuting  Comniittee636 
1.  The  right  of  the  Prosecuting 
Committee  to  appeal  and  to 
conduct  the  prosecution  as 
representing  an  original 
party  maintained 637 

Section  13.  Investigation  of  slan- 
der  637 


1.  Such  .  investigation  is  at  the 
discretion  of  the  Presbytery, 
subject  to  review  as  to  mis- 
use or  abuse 638 

Section  13.  Caution  as  to  accusa- 
tions   638 

1.  Admonition  to  prosecutors. .  .638 
Section  14.  Censure  on  rash  prose- 
cutor  639 

1.  Failure     to     show     probable 

cause  for  charges,  involves 
censure  for  slander 639 

2.  The  character  of  one  absent 

and  not  on  trial  not  to  be 
impeached 640 

3.  Censure  for  slander  may  not 

be  inflicted  upon  a  private 
prosecutor  unless  the  case  be 
fully  issued 640 


Chapter  III.    Op  Charges  and  Specifications. 


Section  15.  Contents    of    charges 

and  specifications 640 

1.  The  charge  must  be  specific.  .640 

2.  All  charges  in  cases  cf  heresy 

must  be  as  definite  as  pos- 
sible   641 


Section  16.  Number  of  charges  and 

votes 641 

Section  17.  Proof  of  attempted  rec- 
onciliation   641 


Chapter  IV.  Op  Process  :  General 

Section  18.  Original  jurisdiction.  .642 
Section  19.  Procedure  at  first  meet- 
ing  642 

1.  Censure  without  trial  is  un- 

constitutional   642 

2.  A  judicatory  may  not  suspend 

a  minister  without  trial 642 

3.  Censure  upon  an  absent  per- 

son without  citation  disap- 
proved      642 

4.  Exclusion  from  the  pulpit  or 

from  communion  may  not  be 
without  trial  and  conviction. 643 

5.  The  accused  may  not  be  re- 

quired to  declare  what  he 
expects  to  prove  by  his  wit- 
nesses   643 

Section  20.  Service  of  citations. . .  .643 
Section  21.  Procedure  with  absen- 
tees   643 

1.  Contumacy  not  to  be  hastily 

inferred.  One  may  excuse 
himself  by  letter 643 

2.  Contumacy  not  to  be  charged 

on  first  citation 644 

3.  Contumacious  person  may  be 

restored  on  submission 644 

4.  To  proceed  in  the  absence  of 

the  accused  without  a  second 
citation  irregular  ;  but  the 
right  to  complain  waived  by 
appearing  afterward  and 
pleading 644 

c 


Rules   Pertaining  to  all  Cases. 

5.  In  the  absence  of  the  accused, 

counsel  must  be  assigned . .  .645 

6.  When    the     judicatory    has 

taken  the  testimony  as 
above,  it  may  proceed  to 
trial  and  final  judgment  as 
if  the  accused  were  present.. 645 

Section  22.  Procedure  at  adjourn- 
ed meeting 650 

1.  .ludicial  cases  should  be  con- 
tinued without  interruption. 650 

Section  23.  Procedure  continued.  .651 

1.  The    withdrawal    of   parties, 

counsel,  etc.,  construed  lit- 
erally    651 

2.  Exclusion  of  stenographer  of 

tiie  accused  questionable  . .  .653 

3.  Testimony  not  on  record  ad- 

mitted by  consent 653 

Section  24.  Record  of  the  case. . .  .653 

1.  Everj'thing     influencing    the 

judgment  of  the  judicatory 
must  be  spread  upon  the 
records 653 

2.  Minutesof  interlocutory  meet- 

ings in  judicial  cases  should 
be  recorded  ;  also  report  of 
judicial  committee  in  the 
case 653 

3.  Reasons     not    recorded    and 

records  deficient.  Case  re- 
manded  653 

Section  25.  Exceptions 654 


XXXIV 


SYLLABUS. 


Section  2G.  Counsel 654 

1.  Counsel  assigned  by  request 

of  the  parties 654 

3.  No  one  not  a  member  of  the 

judicatory  may  act  as  counsel. 654 
3.  Professional  counsel  under  all 

circumstances  excluded 655 

Section  27.  Questions  of  procedure. 655 
Section  28.  Voters.    Calling  of  roll.655 
1,  By    consent,    members    who 
had    been   absent   for   brief 

periods  allowed  to  vote 655 

Section  29.  Copies    of   the  record 

and  transmission 655 


1.  Appellants  entitled  to  a  copy 

of  the  sentence ...  .655 

3.  The  records  of  church  judica- 
tories are  public  document8.655 

Section  30.  Forms  of  censure 6.i6 

Section  31.  Private  sessions 656 

Section  32.  Suspension  of  accused 

pending  trial 656 

1.  The  accused  may  be  suspend- 

ed pending    the  issuing    of 
the  case 656 

2.  Suspension  from  the  ministry 

during  process 656 

3.  Suspension  from  privileges  of 

membership 657 


Chapter  V.   Special  Rules  Pertaining  to  Cases  Before  Sessions. 


Section  33.  Contumacy 657 

Section  34.  Kinds  of  censure 657 

1.  Censure  is  not  to  be  removed 
without  evidence  of  repent- 


ance  657 

2.  Deposition    and  excommuni- 
cation are  distinct  acts 657 

Section  35.  Publication  of  sentence. 658 


Chapter  VI.   General  Rules   Pertaining    to  the   Trial  of  a  Minis- 
ter, Elder,  or  Deacon. 


1. 


Section  36.  Honor  of  the  ministry. 658 
Section  37.  Offences  committed  in 

distant  places 658 

Discipline  of  a  minister  can 
be  only  by  his  own  Presby- 
tery  658 

2.  Even  when  non-resident  . . .  .658 

3.  Boards  have  no  authority  to 

sit  in  judgment  on  ministers. 659 

4.  Discipline  "by  Boards  of  Mis- 

sions, etc.,  not  recognized.  .659 

5.  Ecclesiastical  power  of  a  mis- 

sion   659 

6.  Duty  of  a  Presbytery  to  give 

notice  of  an  offence 659 

A  suspended  licentiate  can  be 
restored  only  by  the  Presby- 
tery which  suspended  him. 
Another  may  take  testi- 
mony   660 

Such  Presbytery  has  no  power 
to  try,  but  only  to  take  tes- 
timony   660 

Section  38.  Contumacy  660 

Section  39.  Judicatory   may   with- 
draw rights  of  accused 660 

Section  40.  Form  of  sentence 660 

1.  Sentence   may  be   passed  on 

confession 660 

2.  A  suspended  minister  may  not 

exercise  any  function  of  the 
ministry 661 


7. 


8. 


3.  Does  not  rank  as  a  "  common 

Christian  in  good  standing  ".661 

4.  The    name    of   a    suspended 

minister  is  to  remain   upon 

the  roll 661 

Section  41.  Heresy  and  schism. . .  .661 

Section  42,  Acts  of  infirmity 661 

Section  43.  Restoration 661 

1.  One  Presbytery  may  not  re- 

store a  minister  deposed  by 
another 662 

2.  Restoration  of  a  deposed  min- 

ister conditioned  on  conduct 
under  sentence 662 

3.  The    Assembly    recommends 

restoration,  the  ends  of  dis- 
cipline being  gained 663 

4.  When  the   names  of  deposed 

ministers    are     to    be    pub- 
lished   663 

Section  44.  Effect  of  sentences 663 

1.  A  minister  who  has  been  de- 
posed returns  to  the  condi- 
tion of  a  private  member, 
and  must  be  reordained  if 
restored 664 

Section  45.  Suspension       pending 

trial 664 

Section  46.  Provisions    applicable 

to  elders  and  deacons 664 


Chapter  VII.   Of  Cases  without  Process. 


Section  47.  Self-accused  persons.  .664 
Section  48.  Members    declining 

communion 665 

Section  49.  Absentee       communi- 
cants  665 


1.  When    one    whose    name    is 
erased  may   be  received  by 

another  church 665 

Section  50.  Communicant  neglect- 
ing ordinances 665 


BOOK    OF    DISCIPLINE. 


1.  Willful  absenting  one's   self 

from  the  ordinances  of  God's 
house  is  an  ofl'ence 665 

2.  Disagreement  with  a  pastor 

no    excuse   for   willful    ab- 
sence  ,  666 

3.  Discipline  enjoined  for  will- 

ful absence 666 

4.  Excommunication    may     not 

be  without  trial 666 

Section  51.  Demission  of  the  min- 
istry  667 

Section  52.  Communicant    w  i  t  h- 

drawing  irregularly 667 

Section  53.  Minister    withdrawing 

irregularly 667 

1.  To  strike  from  the  roll  the 
name  of  a  minister  with- 
drawing while  under  investi- 

Chapter  VIII 

Section  54.  Care  as  to  testimony.  .669 
Section  55.  Competent  witnesses  .669 
1.  A  prosecutor  may  testify  . . .  .669 
Section  56.  Credibility  of  witnesses669 
1.  The  credibility  of  a  witness  to 
be  determined  by  the  judi- 
catory   669 

Section  57.  Married  persons 670 

1.  Husband  and  wife  are  compe- 
tent witnesses  in  the  same 

case 670 

Section  58.  Kinds  of  evidence  and 

number  of  witnesses 670 

1.  When  one  of  two  specifica- 

tions of  a  charge  is  proved 
the  charge  itself  is  proved.  .670 

2.  When  the  offence  charged  is 

not    sustained    the     verdict 
should  be  "  not  guilty"  . . .  .671 
Section  59.  Exclusion  of  witnesses672 
Section  60.  Examination    of    wit- 
nesses     672 

Section  61.  Oath  or  affirmation.,     672 

1.  The  authority  for  administer- 

ing a  judicial  oath    672 

2.  Testimony   should   be   under 

oath  and  recorded  .      ....  .673 

Section  62.  Record  of  testimony  .  .673 
Section  63.  Records  are  evidence  .673 
Section  64.  Testimony  valid  in  all 

judicatories. .  /. 673 

Section  (55.  Commission     to    take 

testimony 673 

Section  66.  Members  of  judicatories 

as  witnesses 673 


gation,  is  unconstitutional 
and  void 667 

2.  A   minister's  name  may  not 

be  stricken  from  the  roll, 
except  by  his  consent,  or  by 
discipline,  or  by  his  having 
recognized  some  other  juris- 
diction, or  by  becoming  in- 
dependent   668 

3.  Those    who   entertain  views 

irreconcilable  with  our 
Standards  urged  to  with- 
draw     668 

4.  Names    of    ministers    whose 

residence  is  unknown  to  be 
kept  on  a  reserved  roll 668 

5.  Minister  absent  and  residence 

unknown,  stricken  from  the 
roll  without  prejudice  to 
ministerial  standing 669 

Op  Evidence. 

1.  A  member  of  the  judicatory 
required  to  testify  ;  to  refuse 

is  contumacy 674 

Section  67.  Contumacious      w  i  t  - 

nesses 674 

1.  A  minister  cited  to  testify  be- 
fore a  Session 674 

Section  68.  New  evidence 674 

1.  New  trial  may  be  had  on  the 

allegation  of  new  testimony. 674 

2.  If   the    judicatory    refuse  to 

grant  a  new  trial  upon  the 
allegation  of  new  testimony 
a  complaint  will  lie 675 

3.  Appeal  remitted  for  new  trial 

on  new  tcstimt'ny 675 

4.  A    superior    judicatory    may 

not  order  a  new  trial  with- 
out the  allegation   of   new 

testimony 675 

Section  69.  New  evidence 675 

1.  On   the  giound  of  new  testi- 

mony, the  case  referred 676 

2.  The   fact  and  importance  of 

new      evidence      must     be 

shown 676 

On   examining   the   new  testi- 
mony the  decision  affirmed. .676 

3.  The  Assembly,  afier  investi- 

gation, refuses  to  refer  the 
case,  despite  alleged  new 
testimony,  or  to  grant  any 
further  judicial  trial 677 


Chapter  IX.   Op  the  Ways  in   which  a  Cause  may   be  Carried   from 
A  Lower  to  a  Higher  Judicatory. 


Section  70.  Extent  of  review 677 

1.   A  judicial  case  can  come  be- 
fore the   Assembly  only   in 


some  one  of  the  above  men- 
mentioned  ways 6T8 


XXXVl 


SYLLABUS. 


I.  Op  genekal  review  and 

CONTROIv. 

Section  71.  Proceedings     of    tlie 
church.  Frequency  of  review. 678 

1.  The  incorporation  of  church 

proceedings  is  mandatory. 
Explanation  of  the  meaning 
of  this  rule    678 

2.  The  incorporation  in  Session 
records  of  the  minutes  of  the 
Board  of  Deacons  is  discre- 
tionary  679 

3.  Annual  review  of  the  records 
of  all  the  judicatories  re- 
quired    679 

4.  The  Synods  required  to  send 
up  their  records  annually. .  .679 

5.  After  records  have  been  ap- 
proved corrections  can  be 
made  only  by  recurrence  to 
the  judicatory  approving . .  .680 

6.  Leave   given  to  correct  the 

record  on  error  shown 680 

7.  A  minute  recording  a  fact 
can  be  amended  or  stricken 
out  only  by  a  unanimous 
vote  or  by   reconsideration 

of  the  original  action 680 

8.  A  case  judicially  issued  may 

be  reviewed 680 

9.  Copies  of  original  records 
accepted  in  certain  cases. . .  .681 

10.  Records  in  print  must  con- 
form to  the  requirements.. .  .681 
Section  73.  Purposes  of  review. .  .681 
i.  Whether  the  proceedings  are 
correctly  recorded 681 

1.  Omitting  to  record  the  open- 
ing and  closing  with  prayer.681 

2.  Failing  to  record  absentees.  681 

3.  Churches  not  represented 
must  be  recorded 682 

4.  The  roll  should  be  called 
prior  to  adjournment 682 

5.  The  narrative  of  the  state  of 
religion  to  be  recorded 682 

6.  Cases  acted  upon  must  be 
described,  and  the  disposal 
made  of  them  indicated  . . .  .682 

ii.  Whether  they  have  been  con- 
stitutional and  regular 688 

1.  Unconstitutional  and  irregu- 
lar proceedings 683 

2.  A  Synod  may  not  institute 
and  prosecute  judicial  pro- 
ceedings  683 

3.  A  Synod  may  not  refuse  to 
receive  the  members  of  its 
Presbyteries 683 

4.  A  superior  judicatory  may 
not  compel  an  inferior  court 
to  reverse  its  decision,  with- 
out assigning  specific  rea- 
sons  684 

5.  The  reasons  assigned  are 
subject  to  review 684 


6.  Censure  without  due  exami- 
nation condemned 684 

7.  No  second  approval  of  the 
minutes  necessary 684 

iii.  Whether  they  have  been 
wise,  equitable,  and  for  the 
edification  of  the  Church.  .  .685 

1.  The  lower  judicatories  must 
respect  the  decisions  of  the 
superior 685 

2.  Synods  censured  for  insub- 
ordination and  disrespect. .  .685 

3.  Irregularities  recited  and 
animadverted  on.  Com- 
plaint will  lie  against  de- 
cisions not  judicial.  Action 
insufficient  and  unjust.  A 
member  of  the  court  may 
be  called  as  a  witness.  Min- 
utes should  be  approved  be- 
fore adjournment 686 

4.  Approval  of  the  minutes 
does  not  afi'ect  the  right  of 
appeal  or  complaint  against 
any  action  taken 687 

5.  The  approval  of  the  minutes 
does  not  validate  all  action 
had 687 

6.  Review  and  control  does 
not  extend  to  statistical 
items  in  Session  records. . .  .688 

7.  Nor  to  the  agreement  of  the 
action  of  Sessions  with  Pres- 
byterial  rules  for  Sessions, 
not  warranted  by  the  Con- 
stitution 688 

8.  Action  modified  or  reversed 
by  the  reviewing  judicatory 
may  be  excepted  to 688 

Section  73.  Voters  on  review 688 

1.  Cases  cited 688 

Section  74.  Action  in  review  . . .  .688 

1.  The  Assembly  may  not  re- 
verse the  judicial  acts  of  a 
former  Assembly,  except  in 
case  of  manifest  injustice..  .689 

2.  But  will  correct  error  when 
shown  to  exist 689 

3.  The  Assembly,  on  memorial, 
and  error  proven,  revokes 
its  action  and  remands  the 
case 690 

4.  Exceptions  must  be  recorded 
by  the  judicatory  excepting. 690 

5.  Irregular  and  injurious  pro- 
ceedings censured.  Reasons 
for  discipline  must  be  given. 691 

6.  Judicial  decisions  may  not 
be  reversed  on  review,  but 
must  be  respected  until 
passed  upon  by  the  superior 
judicatory 691 

7.  On  review  a  Synod  is  directed 
to  review  and  correct  its 
proceedings 691 


BOOK    OF    DISCIPLINE. 


Section  75.  Unconstitutional  pro- 
ceedings of  lower  judicatory693 

Section  7»).  Neglect   of   duty  by 

lower  judicatory 693 

1.  Citation  of  judicatories  on 
review  or  on  advice 693 

11.    Of    REFEUEiSCES. 

Section  77.   Ucfinition    of    refer- 
ence  693 

1.  Reference  is  voluntary 693 

Section  78.  Subjectsof  references693 

1.  Cases  in  which  references 
have  been  entertained 693 

3.  When  the  review  of  a  de- 
cision without  new  testi- 
mony is  desirable,  the  case 
should   be    referred    to   the 

next  higher  judicatory 693 

Section  79.  Objects  of  refereLces.694 

1.  Reference.  Disposal  of  the 
Barnes  case 694 

3.  When  reference  has  been 
made  the  judicatory  refer- 
ring can  regain  jurisdiction 
only  by  the  action  of  the 
superior  judicatory 695 

3.  Reference  must  be  carried 
to  the  next  higher  judica- 
tory   696 

Section  80.  Voters  on  references. 696 
Section  81.  Higher    judicatory 

may  remit  references 696 

1.  A    memorial    treated    as    a 

reference  ...    ... .696 

Section  83.  T  r  a  n  s  m  i  s  s  i  o  n    of 
record 696 

1.  Testimony  attested  by  the 
Moderator  and  Clerk  suffi- 
cient   696 

8.  A  superior  judicatory  may 
entertain  a  reference  which 
is  not  accompanied  by  the 
testimony  and  proceed  itself 

to  take  it 697 

III.  Of  complaints. 
Section  83.  Definition     of     com- 
plaint  697 

1.  Complaints  by  judicatories.  .697 

3.  The  distinction  between  an 
appeal  and  a  complaint 
must  be  observed 697 

3.  Tlie  same  matter  may  be  the 
subject  both  of  appeal  and 
complaint 698 

4.  Complaint  not  allowed 
against  a  judicatory  for 
obeying  the  orders  of  the 
superior  judicatory 698 

5.  Complaint  not  allowed 
against  advice  given  on 
memorial 698 

6.  Complaint  not  allowed 
against  a  refusal  to  adopt  a 
proposed  paper 698 

7.  Complaint       not       allowed 


against  an  opinion  expressed 
by  the  superior  judicatory.  .703 

8.  Nor  against  a  judicatory  for 
the  exercise  of  its  discretion. 703 

9.  Discretion   is  reviewable  as 

to  its  abuse  or  misuse 703 

10.  Complaint  not  allowed  in  a 
case  already  decided  by  the 
Assembly 703 

11.  Nor  against  a  decision  of  the 
Moderator  unappealed  from 

at  the  time 703 

13.  Nor  from  the  decision  of  a 
commission  not  yet  con- 
firmed  704 

13.  Nor  where  the  action  com- 
plained of  does  not  con- 
travene the  doctrine  or  the 
Constitution  of  the  Church. 704 

14.  Nor  where  there  is  no  suffi- 
cient ground  of  complaint.  .705 

15.  Nor  where  the  complainant 
is  not  subject  and  submit- 
ting to  the  judicatory-  com- 
plained of 705 

16.  Nor  in  a  case  of  mere  review 

of  records 705 

17.  Nor  against  the  refusal  to 
read  the  printed  minutes...  .706 

18.  Nor  against  postponement 
of  action  on  a  report  of  a 
Committee 706 

19.  Complainant  has  It  ave  to 
withdraw  with  or  without 
reasons 706 

30.  Withdrawal  of  complaint 
may  have  the  same  efiect  as 
its  dismissal 707 

31.  Leave  to  withdraw,  the  end 
desired  being  accomplished. 707 

33.  Complainants  have  leave  to 
withdraw  because  :  l .  The 
proceedings  of  a  civil  court 
are  not  conclusive  as  against 
the  ecclesiastical  ;  3.  Trial 
by  a  commission  is  not 
ground  of  complaint  ;  3.  In- 
formality in  the  decision 
does  not  invalidate  the  re- 
sult intended  to  be  reached. 707 

33.  Complaints  dismissed  and 
leave  to  withdiaw,  because, 
1.  Of  the  indefiniteness  of 
the  complaints,  and  3.  That 
the  matters  should  be  left  to 
the  wisdom  and  discretion 
of  the  Synod ....709 

24.  Leave  to  withdraw  on  re- 
quest of  the  parties 710 

25.  Complaint  dismissed  because 
no  parties  were  aggrieved  .  .711 

26.  Complaint  dismissed  as  not 
in  due  form.  To  strike  from 
the  roll  without  notice  or 
citation  disapproved 711 


SYLLABUS. 


27.  Subject  matter  of  complaints 
entertained  711 

28.  Complainants  satisfied  by 
conference  and  leave  to 
withdraw 713 

Section  84.  Notice  and  records.  .714 

1.  Reasons  as  well  as  notice 
must  be  given 714 

2.  Notice  and  reasons  must  be 
given  within  ten  days  after 
the  action  is  taken 714 

3.  Complaint  dismissed  when 
no  notice  has  been  given. .  .714 

4.  Complaint  against  the  ac- 
tion of  a  judicatory  can  law- 
fully be  signed  only  by  those 
who  signed  it,  or  gave  no- 
tice of  their  intent  within 
the  constitutional  limit  of 
time 715 

5.  Complaint  and  appeal  dis- 
missed as  not  lodged  in  time 
and  no  one  appearing  to 
prosecute  the  complaint  ...  715 

6.  Dismissed  because  no  notice 

of  complaint  given 715 

7.  Evidence  must  be  furnished 
that  notice  was  given 716 

8.  Right  to  complain  lost  by 
failure  to  observe  the  rules  .716 

9.  A  judicial  case  once  adjudi- 
cated may  not  be  revived  on 
memorial 716 

Section  85.  Etlect  of  complaint  in 

certain  cases 717 

Section  86.  Lodgment  of  com- 
plaint   ". 717 

Section  87.  Steps  in  hearing 717 

Section  88.  Etiect  of  complaint,  if 
sustained  ...    717 

1.  The  judicatory  issuing  a  com- 
plaint may  not  decline  to 
adjudicate  the  merits  of  the 
case,  and  must  observe  the 
alternatives  of  the  Book.  It 
may  not  assume  original 
jurisdiction 717 

2.  Reversal  places  matters  in 
statu  quo 718 

3.  Does  a  complaint  suspend 
the  dissolution  of  a  pastoi-al 
relation  V ....718 

4.  Censure  of  the  lower  j  udica- 
tories   718 

5.  Complaint  sustained  and  the 
errors  of  the  inferior  judica- 
tories detailed 719 

Section  89.  Parties  in  cases  non- 
judicial  719 

Section  90.   Voters  on  complaints. 719 

Section  91.  Right  of  appeal 719 

Section  92.  Papers  and  records  to 

be  sent  up 719 

1.  In  the  absence  of  the  respon- 
dent and  of  the  papers  in  the 


case  decision  suspended  un- 
til the  record  is  produced  .  .720 

Section  93.  Consolidation  of  ap- 
peal and  complaint . . . ." 720 

IV.  Of  Appeals. 

Section  94.  Definition   of  appeal. 

Parties. 720 

1.  The  death  of  the  appellee 
bars  the  prosecution  of  an 
appeal 721 

2.  Appeals  limited  to  judicial 
cases 721 

3.  Original  parties  only  may 
appeal,  others  may  com- 
plain   721 

4.  Decisions  as  to  original  par- 
ties  721 

(«)  The  person  prosecuted  and 
the  prosecutor 721 

(h)  The  person  claiming  to  be 
aggrieved  and  the  judicatory 
appealed  from 722 

(c)  The  prosecuting  commit- 
tee and  the  appellee 728 

{d)  The  appellant  and  the  ap- 
pellee   722 

5.  Members  of  the  judicatory 
tr^'iug  a  case  are  not  parties 
in  the  case  and  may  not  ap- 
peal   722 

6.  An  appeal  may  be  made  to 
the  next  superior  judicatory 
by  either  of  the  parties  to  a 
complaint 723 

7.  No  constitutional  provision 
for  a  second  appeal 723 

Section  95.  Grounds  of  appeal .    .723 

1.  Appeals  have  been  enter- 
tained and  issued  for  refus- 
ing to  permit  a  call 734 

2.  Appeal  against  an  installa- 
tion in  the  face  of  a  protest. 724 

3.  Appeal  against  a  refusal  to 
obey  the  superior  judicatory. 734 

4.  Appeal  for  refusing  to  re- 
ceive an  applicant 725 

5.  Against  an  order  or  decision 

of  a  judicatory 725 

6.  An  appeal  will  not  lie 
against  a  judicatory  for 
obe5Mng  the  order  of  its 
superior 725 

7.  An  appeal  dismissed  because 
no  evidence  is  presented  to 
sustain  tlie  allegation 726 

8.  Appeal  will  not  lie  against  a 
refusal  to  adopt  a  paper  or 
to  determine  a  constitutional 
question  in  thesi 726 

9.  Nor  where  a  judicatory  acts 
within  the  limits  of  its  power 
and  authority 727 

10,  Nor  where  the  action  was 
regular  and  equitable 727 

11  Nor  when  the  appeal  is  in- 
definite and  general 727 


BOOK    OF    DISCIPLINE. 


XXXIX 


12.  Where  no  question  of  doc- 
trine or  law  is  assigned,  tlie 

appeal  not  entertained 728 

Section  96.  Notice  and  records..  .729 

1.  Notice  of  appeal,  with  rea- 
sons in  writing,  must  be 
given  within  ten  days  after 
judgment 729 

2.  Evidence  required  that  no- 
tice has  been  given 730 

3.  When  a  new  trial  is  granted 
by  the  superior  judicatory, 
notice  must  be  given  by  the 
appellant  of  his  intent  to 
prosecute 730 

4.  Failure  of  the  judicatory  to 
receive  notice  does  not  bar 
the  appellant 781 

5.  Leave  to  show  that  notice 
has  been  given  to  the  judi- 
catory appealed  from 731 

6.  On  evidence  of  notice  the 
case  reinstated 731 

Section  97.  Appearance  of  appel- 
lant and  lodgment  of  appeal. 731 

1.  Personal  attendance  of  the 
appellant  is  not  necessary.  .732 

2.  Where  neither  the  appellant 
nor  any  one  in  his  behalf 
appears  the  appeal  is  dis- 
missed  732 

8.  In  the  absence  of  the  appel- 
lant the  judicatory  assigns 
counsel 782 

4.  In  the  failure  of  the  com- 
plainant to  appear  and  prose- 
cute, the  complaint  dismiss- 
ed and  defendant  sustained. 783 

5.  Case  continued  on  satisfac- 
tory reasons  given 733 

6.  Dismissed  as  not  lodged  in 
time 738 

7.  Right  to  appeal  lost  by  de- 
fault of  the  appellant 734 

8.  The  appellant  must  furnish 
the  necessary  documents. .  .784 

9.  Deferred  in  the  absence  of 
necessarj'  documents 735 

10.  Where  the  appeal  was  in  the 
house  in  season  the  rule  is 
virtually  complied  with. .  .  .735 

11.  The  rule  interpreted  liber- 
ally where  due  diligence  has 
been  used 735 

12.  In  the  absence  of  records 
through  the  non-attendance 
of  the  commissioner,  the  ap- 
peal received  and  refeiTed.  .786 

13.  Where  the  appeal  failed  to 
be  lodged  in  due  time 
through  mistake  of  the  ap- 
pellant, it  was  entered  and 
referred 736 

14.  Where  the  case  is  continued 
at  the  request  of  the  appel- 
lant,  the  sentence  remains 


in  full  force  until  the  case  is 
issued 737 

15.  Dismissed  in  absence  of  the 
appellant,  with  privilege  of 
renewal 737 

16.  When  an  appeal  has  been 
dismissed  in  error,  the  As- 
sembly grant  a  restoration 
when  satisfied  of  the  error.  .787 

17.  The  original  rule  as  to 
abandonment  of  an  appeal  ..738 

Section  98.  Voters  on  appeals.  .  .  .739 

1.  The  Moderator,  being  a  mem- 
ber of  the  judicatory  appeal- 
ed from,  will  not  sit   739 

2.  An  interested  party  should 
not  sit  on  a  trial 739 

3.  Members  of  the  judicatory 
appealed  from  may  not  vote. 740 

4.  Members  of  a  judicatory  ap- 
pealed from  may  speak  on 
postponement .  .740 

5.  An  elder  belonging  to  the 
judicatory  appealed  from, 
though  not  a  member  of  the 
judicatory  when  the  case 
was  issued,  may  not  sit 740 

6.  Ministers  who  have  been  dis- 
missed to  otlier  bodies  be- 
fore the  action  complained 
of  are  not  excluded 741 

7.  A  case  is  remanded  where 
members  of  the  judicatory 
appealed  from,  act  in  their 
own  case 741 

Section  99.  Steps  in   hearing  ap- 
peal  741 

i.  Initiation  of  proceedings. 

1.  The  appeal  or  complaint  is 
transmitted  to  the  Judicial 
Committee 743 

2.  The  Judicial  Committee  and 
its  duties 742 

3.  In  the  absence  of  records 
the  decision  of  the  appeal 
should  be  suspended.  Parol 
evidence  will  not  supply  the 
place  of  the  records 743 

4.  The  appeal  (or  complaint) 
found  in  order 743 

5.  The  judgment  notice  of  ap- 
peal, etc,  read 745 

6.  The  appeal  entertained 745 

ii.  Reading  the  record. 

1.  Reading  of  the  documents 
by  consent  dispensed  with. 745 

2.  Certified  copies  distributed 
by  consent 747 

3.  Matters  foreign  to  the  issue 
may  by  consent  be  omitted 

in  the  reading 747 

4.  Documents  not  read  may  be 
used  in  pleading 747 

5.  Reasons  assigned  by  an  ap- 
pellant must  be  recorded. 
They  must   be  couched  in 


xl 


SYLLABUS. 


decent  aud    respectful   lan- 
guage   748 

iii.  Hearing  the  parties. 

1.  Case  remanded  for  new 
trial  because  the  original 
parties  had  not  been  heard. 748 

2.  Case  issued  aud  complaint 
sustained  where  no  person 
appears  on  behalf  of  the  re- 
spondent   748 

3.  Time  limit  for  hearing 748 

4.  Case  of  Charles  A.  Briggs, 
D.D.,  1892 748 

5.  Case  of  Charles  A.  Briggs, 
D.D.,1893 749 

6.  Case  of  Henry  Preserved 
Smith,  D.D.,  1894 749 

iv.  Hearing  members  of  the  judi- 
catory appealed  from. 

1.  Interpretation  and  applica- 
tion of  section  99 749 

V.  Hearing  members  of  the  supe- 
rior judicatory. 

1.  Limitation  of  time  to  speak- 
ers   750 

2.  Constitutional  right  to  be 
heard  cannot  be  destroyed 
though  time  limit  may  be 
set.     Speeches  by  roll  call.  .750 

vi.  Taking  the  vote. 

1.  The  final  vote  must  be 
taken 750 

2.  It  is  taken  separately  on 
each  charge 751 

3.  The  final  vote  taken  and 
the  appeal  sustained 751 

vii.   Case  may  be  submitted  to  a 
judicial  commission. 

1.  The  Judicial  Committee  ap- 
pointed such  commission.. .  .752 

2.  Report  of  judicial  commis- 
sion  , 752 

3.  Findings  of  judicial  com- 
mission  752 

4.  Case  of  William  P.  Craig, 
complainant,  vs.  the  Synod 

of  California 755 

5.  Complaint  of  David  R. 
Breed   et  al.  vs.    the  Synod 

of  Pennsylvania  756 

viii.  Decisions  and  their  effect. 

(1)  The  decision  may  confirm 
that  of  the  lower  judicatory. 

1.  Section  99  (5)  explained...  .757 

2.  Decision  confirmed   757 

3.  In  confirming  the  decision 
the  Assembly  directs  that  if 
a  new  trial  as  ordered  be  not 
instituted  within  six  months 
the  decision  shall  be  final. .  .758 

(2)  The  decision  may  reverse 
that  of  the  lower  judicatory. 

1.  Reversed  on  review  of  tes- 
timony    759 

2.  Reversed  without  assigning 

a  reason  for  its  action 759 


3.  Reversed  because  of  dispro- 
portionate censure 759 

4.  Reversal  on  the  ground  of 
undue  severity,  does  not 
determine  tlie  innocence  of 
the  accused  nor  relieve  him 
from  other  process.. 759 

5.  Decision  of  Synod  reversed 
as  in  error  in  prescribing  a 
form  of  dismission 760 

6.  Reversed  because  of  uncon- 
stitutional action  of  the  judi- 
catory appealed  from 760 

7.  Where  sentence  is  reversed 
for  irregularity  either  party 
may  institute  a  new  trial.  If 
process  be  not  commenced 
within  the  time  limited  he 
may  demand  a  letter  as  in 
good  standing 761 

8.  Reversed  for  haste  and  un- 
constitutional action 761 

9.  Sentence  reversed  and  the 
appellant  declared  to  be  in 
regular  standing 762 

10.  The  decision  may  declare 
the  acts  of  the  lower  judica- 
tories void 762 

11.  The  reversal  annuls  the 
acts  complained  of .         ....  762 

12.  The  decision  reversed  and 
the  case  remanded 763 

(3)  The  decision  may  confirm 
or  reverse  in  part. 

1.  Reversed  in  part  on  the 
ground  of  irregularity.  Sus- 
tained in  part 763 

2.  Reversed  in  part  on  the 
ground  that  irregularity  of 
proceedings  does  not  neces- 
sarily invalidate 764 

3.  Sustained  in  part,  reversed 

in  part.     Minute  in  the  case. 764 

4.  The  decision  censures  the 
irregular  excommunication 
of  a  member  and  prescribes 
the  steps  which  should  have 
been  taken 765 

5.  The  decision  finds  error  in 
the  judicatories  below.  A 
Presbytery  may  not  unduly 
direct  and  control  a  Session. 
Synod  may  not  refuse  an 
appeal  from  a  party  ag- 
grieved  766 

(4)  The  decision  may  remit 
the  case  to  the  lower  judi- 
catorj'. 

1.  It  may  remand  the  cause 
for  reconsideration 767 

2.  A  Synod  required  to  re- 
mand the  case  to  a  Presby- 
tery for  rehearing 767 

8.  Complaint  sustained  and 
Synod  ordered  to  hear  and 
issue  the  case 768 


BOOK    OF    DISCIPLINE. 


xli 


4.  Judgment  reversed  and  case 
remanded  for  new  trial 768 

5.  Judgment  reversed  and  case 
remitted  on  grounds  stated.. 768 

6.  Referred  back  to  the  judi- 
catory below  witli  instruc- 
tions      769 

7.  Tlie  decision  details  the  ir- 
regularities of  the  judica- 
tories below 769 

8.  Tlie  case  remitted  with  in- 
structions   771 

9.  Unconstitutional  acts  de- 
tailed.    The  case  remanded. 772 

10.  Referred  back  by  consent  of 
parties 773 

11.  Discretion  of  a  judicatory 
not  subject  to  review 773 

12.  Remitted  on  the  recom- 
mendation of  the  Judicial 
Committee 773 

13.  In  passing  judgment  a  judi- 
catory may  not  open  a  case 
already  settled 773 

14.  The  decision  sustains  the 
lower  judicatory  in  part,  but 
a  person  once  restored  can 
be  condemned  again  only 
by  new  process  and  convic- 
tion  774 

15.  The  decision  reverses  all 
the  judicatories  below  and 
restores  the  appellant 774 

16.  The  decision  declares  and 
decides  the  several  issues  in- 
volved   774 

17.  The  decision  restores  the 
status  quo 775 

18.  A  superior  judicatory  may 
not  compel  an  inferior  to 
reverse  its  decision  without 
assigning  reasons 775 

19.  The  decision  explains  tlie 
true  intent  of  the  action  com- 
plained of.  Deposition  by 
another  denomination  after 
reception  to  membership  in 
Presbytery  does  not  impair 
good  standing 776 

Section  100.     Effect  of  notice  of 
appeal  777 

1.  An  appeal  arrests  all  further 
proceedings  until  it  be  is- 
sued   777 

2.  Interpretation  of  Section  100.777 

3.  To  proceed  to  trial  while  the 
appeal  is  pending  is  uncon- 
stitutional and  void.  The 
Assembly  and  not  the  in- 
ferior judicatories  is  the 
judge  of  the  question  of  con- 
stitutionality  778 


4.  Susptyision  is  continued  until 
the  issue  of  the  appeal,  which 
must  be  at  the  next  meeting 

of  the  judicatory  above 778 

5.  An  appeal  against  a  certain 
action  does  not  debar  the 
judicatory  from  acting  on 
the  continued  disturbed  state 

of  the  church 778 

6.  Where  a  Session  is  dissolved 
an  appeal  continues  the 
rights  of  the  elders  as  to  the 
higher  judicatories  until  it  is 
issued 779 

Section   101.      Records    must  be 

sent  up 779 

1.  Copies  made  by  an  appel- 
lant not  sufficient.  The  rec- 
ords or  authenticated  copies 
required 779 

2.  On  the  failure  of  the  judica- 
tory to  send  up  authenticated 
copies  of  the  testimony  the 
appeal  is  sustained 779 

3.  Where  judicatories  fail  to 
send  up  documents  the  case 
is  remanded 780 

4.  The  judicatory  directed  to 
perfect  its  records  and  send 
up  to  the  Assembly  its  rea- 
sons for  the  action  com- 
plained of.  ....    780 

5.  .Judgment  suspended  until  a 
record  is  supplied  on  which 
the  issue  may  be  tried 780 

6.  In  the  absence  of  papers  re- 
ferred to  in  the  records  and 
of  attested  copies  of  the 
charges  the  case  postponed.. 781 

7.  Case  remanded  with  direc- 
tions as  to  procedure  and  as 

to  the  records 781 

8.  In  the  absence  of  records 
the  Synod  censured  and  the 
case  postponed 781 

9.  The  case  dismissed  and  the 
papers  returned. .  ....781 

10.  Where  the  absence  of  papers 
is  the  fault  of  the  defendant, 
the  case   dismissed  and   the 

judgment  affirmed 782 

Section    102.     Appeals    to     next 
superior  judicatory 782 

1.  Appeals  may  be  carried  di- 
rectly to  the  Assembly 782 

2.  Appeals  dismissed  because 
not  first  brought  in  the  lower 
judicatories  and  no  sufficient 
reasons  given 784 

3.  Where  there  is  no  common 
relation  a  complaint  is 
allowed 785 


xlii 


SYLLABUS. 


Chapter»X.     Op  Dissents  and  Protests. 


Section  103.  Definition  of  a  dissent. 786 
1.  Dissent  entered   without  re- 
ply.     Dissent  with  reasons 

is  a  virtual  protest 786 

Section  104.  Definition  of  protest. 786 

1.  The  riglit  to  protest  for  the 
relief  of  conscience 786 

2.  The  dissent  or  protest  must 
be  entered  before  the  rising 

of  the  Assembly ..786 

3.  A  protest  arguing  the  case  is 
refused 786 

4.  The    protest    must     confine 
itself  to  the  reasons  on  which 

it  is  founded 786 

5.  A  protest  calls  attention  to 
the  action  protested  against.787 

Section  10.5.      To  be   entered  on 

records 787 

1.  Protests  admitted  to  record 
without  answer 787 

2.  Protests    refused    record  as 
being  disrespectful 788 

3.  A  protest  should  be  recorded 


only  by  order  of  the  judica- 
tory  789 

4.  Protest  received  and  put  on 
record 789 

5.  Protest,  if  in  order,  must  be 
recorded  and  filed  with  the 
clerk.  A  printed  copy  duly 
signed  is  valid 789 

Section  106.   Answers  to  protests. 790 

1.  No  answerdeemed  necessary 
when  the  assumptions  have 
been  refuted 790 

2.  The  answer  denies  the  im- 
putations of  the  protest 790 

3.  The  answer  defines  the  ac- 
tion protested  against 790 

Section  107.     Who  may  dissent  or 
protest 791 

1.  Protests  will  not  be  received 
from  those  not  members  of 
the  body 791 

2.  A  protest  can  be  brought 
only  by  the  minority  of  a 
judicatory  itself 791 


Chapter  XI.   Op  Jurisdiction  in  Cases  op  Dismission. 


Section  108.  Jurisdiction       over 

offences 791 

1.  Cases  connected  with  extinct 

Presbytery 791 

2.  Reception  of  a  member  on  a 

qualified  letter  is  void 791 

3.  Jurisdiction  over  one  cliarged 

with  an  offence  is  in  that 
Presbytery  of  which  he  is  a 
member 791 

4.  A   Presbytery  within  whose 

bounds  an  ofTence  is  com- 
mitted fulfills  its  duty  in 
notifying  the  Presbytery  to 
which  the  offender  belongs. 792 
Section  109.  Jurisdiction  over  dis- 
missed members 792 

1.  A    suspended    member    may 

not  be  received  on  profession 
by  another  church.  If  re- 
ceived without  knowledge 
of  the  facts,  his  name  to  be 
stricken  from  the  roll 793 

2.  A   letter  of  dismission  takes 

effect  as  soon  as  granted  so 
far  as  rights  and  privileges 

are  concerned 793 

Section  110.  Jurisdiction  over  dis- 
missed ministers 793 

1.  Jurisdiction   over  a  deposed 

minister  is  in  the  Presbytery 
which  deposed  liim 794 

2.  Where  a  minister  is  deposed 

the  name  sliould  not  be 
formally  stricken  from  the 
roll  until  the  proceedings 
are  finally  issued 794 


3.  The  privileges  of  membership 

cease  with  the  granting  of 
the  letter 795 

4.  While  a  minister  is  in  transitu 

he  is  a  member  of  the  Pres- 
bytery which  gave  him  his 
letter 795 

5.  A  suspended  minister  is  under 

the  jurisdiction  of  the  Pres- 
bytery which  suspended 
him.  When  sentence  has 
been  reversed  for  infor- 
mality, if  process  is  not 
commenced  in  six  mouths,  a 
dismission  in  good  standing 
may  be  claimed 795 

6.  A   minister  holding   a  letter 

of  dismission  is  a  member  of 
the  Presbytery  dismissing 
him  until  received  by 
another  body 796 

7.  Where  the  reception  was  in- 

valid bj^  reason  of  fraud  he 
remains  under  the  jurisdic- 
tion of  the  Presbytery  dis- 
missing him 796 

Section  111.  Certificates  of  dismis- 
sion must  name  body 796 

1.  Presbytery  must  specify  the 

body  to  which  a  member  is 
dismissed 796 

2.  He  must  unite  with  the  body 

designated 796 

3.  The  Presbytery  receiving  a 

minister  on  a  certificate  must 
notify  the  Presbytery  that 
dismissed  him 796 


DIRECTORY    FOR   WORSHIP. 


xliii 


4.  The   dismission    may   not  be 
by  a  standing  committee...  .796 
Section  112.  Extinct  church 796 


1.  Membersof  an  extinct  church 
amenable  to  Presbytery. . .  .797 
Section  113.  Extinct  Presbytery.  .797 


Chapter  XII.  Of  Removals,  and  Limitations  op  Time. 


1. 


Section  114.  Rules  as  to  certificates 

of  members  797 

A    certificate    of    dismission 
should  be  required 797 

2.  Names  of  baptized  children, 

not  adults  or  communicants, 
should  be  included 798 

3.  To    receive     members    of 

churches  of  our  own  con- 
nection without  a  certificate 
is  irregular 798 

4.  Members  received  from  other 

denominations  without  tes- 
timonials or  evidence,  to  be 
received  on  profession 798 

5.  Dismission   to    join    another 

denomination 798 

6.  The    form  of   dismission    to 

other  denominations  left  to 
the  discretion  of  the  Session798 

7.  Dismission    of   a    suspended 

member 799 

8.  A    suspended    person    being 

restored  by  the  superior 
judicatories  may  claim  dis- 
mission in  good  standing. .  .799 

9.  A  dismission  may  be  irregular 

and  yet  valid 799 

10.  Members  removing  should  be 

furnished  with  testimonials 
of  standing,  and  should  be 
counseled  to  transfer  their 
relation 799 

11.  Churches  receiving  members 

by  letter  should  notify  the 
church  from  ■which  they 
come.     Blank  forms  of  the 


Board  of  Publication  com- 
mended  800 

12.  The  limit  of  one  year  does 

not  ordinarily  exclude, 
where  the  Session  has  knowl- 
edge of  the  reasons  and  of 
the  religious  life 800 

13.  Certificate    of   dismission 

granted  only  by  vote  of  the 
Session  regularly  constitutedSOO 

14.  The     above     modified.     The 

Moderator  or  Stated  Clerk 
may  be  authorized  to  issue 
letters  in  the  interim 801 

Section  115.  Rules  as  to  certificates 

of  ministers 801 

1.  Notice  of  reception  to  be 
given 801 

Section  116.  Certificates    of     ab- 
sentee members 801 

1.  The  standing  of  members  ab- 
sent and  unknown.  Such 
absence  without  a  certificate 
is  itself  censurable.  If  will- 
ful, they  should  be  cen- 
sured  801 

Section  117.  Limitation  on  prose- 
cutions   802 

1.  Limitation  not  to  be  pleaded 

against  the  order  of  a  superior 
j  udicatory 803 

2.  The    plea  is  good  where  the 

offence  was  known  to  mem- 
bers of  the  judicatory  more 
than  a  year  before  process 
was  begun 803 


Chapter  XIII.   Op  Judicial  Commissions. 


Section  118.  What     judicatories 

may  appoint 803 

1.  The  Judicial  Committee  may 
be  appointed  a  Judicial 
Commission 803 


Section  119.  Cases  to  be  submitted, 

and  powers 803 

1.  Matters  of  law  referred  to  the 
appointing  judicatory 803 

Section  120.  Times  of  meeting  and 

quorum 805 


Chapter  XIV.   Op  Differences  between  Judicatories. 


Section  121.  Steps  in  procedure. .  .805 
Section  122.  Committee    of  prose- 
cution   805 


Section  123.  Power  of  judicatory 

having  jurisdiction 805 


PART  V.     THE  DIRECTORY  FOR  THE  WORSHIP  OF  GOD. 
Chapter  I.  Of  the  Sanctipication  op  the  Lord's  Day. 


Section  1.  The  duty 806 

1.  The  Assembly  petition  Con- 
gress against  carrying  and 


distributing  the  mails  upon 

the  Sabbath 806 

Section  2.  The  whole  day  to  be  kept. 808 


xliv 


SYLLABUS. 


1.  Deliverance  on   the  profana- 

tion of  the  Sabbath  Disci- 
pline enjoined 808 

2.  The  observance   of  the  Sab- 

bath indispensable  to  the 
preservation  of  civil  and  re- 
ligions liberty 809 

3.  For  the  better  observance  of 

theSabl)ath 810 

4.  Church  Sessions   enjoined  to 

greater  fidelity 811 

5.  Resolutions  on  the  sanctifica- 

tion  of  the  Sabbath 813 

6.  The  opening  of  art  galleries 

on  the  Sabbath  disapproved. 
Deliverances  of  former  As- 
semblies reaffirmed. ...    812 

7.  Traveling  on  the  Sabbath  con- 

demned  812 

8.  Duty   of  all    to   sanctify  the 

Sabbath.  Testimony  against 
its  desecration  by  railroads 
and  by  recreations 813 

9.  Former  deliverances  affirmed 

and  enlarged  upon 814 

10.  The  divine  sanction  and  obli- 

gation of  the  Sabbath 815 

11.  Reading  of   secular   newspa- 

pers on  the  Sabbath  discoun- 
tenanced   816 

12.  The   value  and   necessity    of 

Sabbath  observance 816 

13.  American  Sabbath  Union. . .  .817 
14    The  Columbian  Exposition.  .818 

15.  The  divine  authority  and  uni- 

versal and  perpetual  obliga- 
tion of  the  Sabbath.  Na- 
tional Sabbath  Societies 819 

16.  Decoration  of  soldiers'  graves 

on  the  Sabbath  disapproved. 821 
Section  8.  Family  arrangements.  .821 


Section  4.  Private  devotions 821 

Section  5.  Attendance  on  religious 

services 821 

Section  6.  Use  of  time  after  relig- 
ious services 821 

1.  Instruction  in  the  Holy  Scrip- 

tures   821 

2.  On  Sabbath-schools    and  in- 

struction of  the  j'oung 822 

3.  Pastoral    letter  on   Sabbath- 

schools 824 

4.  Catechetical    instruction    en- 

joined   826 

5.  Relation    of   Sabbath-schools 

to  the  family 826 

6.  Relation    of     the     Sabbath- 

school  to  the  Session 827 

7.  Superintendents    to    be    ap- 

pointed or  approved  by  the 
Session 829 

8.  Teachers  to  be  approved  by 

Session 839 

9.  Primary    instruction     to     be 

given  839 

10.  The  Shorter  Catechism  to  be 

taught  in  the  schools 839 

11.  The  schools  to  be  supported 

by  the  churches 830 

13.  Sessions  to  supervise  the  con- 
tributions of  the  schools. . .  .830 

13.  Children's  day  commended.  .830 

14.  Presbyterian  Lesson  Helps  to 

be  used 830 

15.  Loyalt}'  to  our  own  Sabbath- 

school      agencies     recom- 
mended  830 

16.  Standing  Committees  of  Pres- 

byteries and  Synods  on  Sab- 
bath-school work 830 

17.  Systematic  Bible  study  by  the 

whole  congregation 831 


Chapter  II.    Of  the    Assembling    op    the   Congregation  and    Their 
Behavior  During  Divine  Service. 


Sections  1,3 831 


1.  Posture  in  public  prayer 831 


Chapter  III.   Of  the  Public  Reading  of  the  Holy  Scriptures. 


Section  1.  Ministers'  duty 833 

Section  2.  Most  approved  transla- 
tion  833 

The  Revised  Version. 

1.  The  Assembly  expresses 
neither  approval  nor  disap- 
proval      833 

2.  Inexpedient  to  authorize  its 
use  in  public  worship 832 

3.  Inexpedient  to  direct  its  use 

in  public  worship 833 

4.  No  official  sanction  of  its  use 
necessary 833 

5.  Appointment  of  commission 
declined 833 


Section  3.  Extent  of  reading 833 

1.  The  early  rule  for  the  reading 

of  the  Scriptures 833 

2.  Responsive  services  in  public 

worship  unwise 833 

3.  Responsive  reading  not  a  sub- 

ject of  church  discipline. . .  .834 

4.  Responsive  reading  judicially 

declared  not  to  he  a  viola- 
tion of  the  Constitution.   . . .  834 

5.  The  present   freedom  of  wor- 

ship under  the  Directory  re- 
liable and  edifying 835 

G.   The   Apostles'  Creed   may  be 
used  in  public  worship 835 


DIRECTORY    FOR   WORSHIP. 


xlv 


Chapter  IV.   Op  the  Singing  op  Psalms. 


Section  1.  The  duty  of  praise 835 

1.  Earl}'  action  on  the  subject  of 

psalmody  835 

Section  2.  Manner  of  praise 836 

1.  The  Book  of  Tunes 836 

2.  The  Hymnal 836 

3.  The  "  Social  Hymn  and  Tune 

Book" 836 

4.  The  report  on  sacred  music. 

The  Hymnal  commended... 837 


5.  The  Presbyterian  Hymnal  ac- 

cepted and  approved 837 

6.  Hymns    for    social    meetings 

and  the  Sunday-school 837 

7.  The  new  Hymnal 837 

Section  3.  Congregational  singing.837 
Section  4.  Amount  of  time  allowed. 837 

1.  Church  music  is  under  the 
control  of  the  minister  and 
the  Session 837 


Chapter  V.   Op  Public  Prayer. 


Section  1.  Invocation 838 

Section  2.  Prayer  before  sermon.  .838 
Section  3.  Prayer  after  sermon. . .  .839 
Section  4.  Minister's  duty  and  au- 
thority   839 


1.  Liturgical  forms  not  needed.  .839 

2.  Book  of  Forms.     Liberty   to 

use  the   forms    of   the    Re- 
formed Churches 840 


Chapter  VI.   Of  the  Worship  op  God  by  Offerings. 


Section  1.  The  duty 840 

Section  2.  Order  and  nature 840 

1.  General  recommendations  . .  .840 

2.  Inquiry  to  be   made   by    the 

Presbytery  as  to  compliance 
with  the  recommendations 
of  the  Assembly 841 

3.  Plan  for  securing  pledges  and 

contributions  from  each 
member  of  each  congrega- 
tion  841 

4.  Collections  ordered  must  be 

taken... 842 

5.  Proportionate  giving 842 

6.  Individual  pledges 842 


7.  Combination     of    collections 

discouraged 842 

8.  Fairs,  etc.,  discountenanced  .842 

9.  Money  value  of  boxes 842 

10.  Public  announcement  of  oft'er- 

ings       843 

11.  Offerings  to  be  made  as  acts 

of  worship 843 

Section  3.  Distribution 843 

1.  Schedule  for  contributions  ..  .843 

2.  Designated    mouths    for    the 

Boards 843 

Section  4.  Duty  of  minister 843 

1.  Ministers  to  furnish  informa- 
tion   , 844 


Chapter  VII.   Op  the  Preaching  op  the  Word. 


Section  1.  Importance 844 

1.  Reading  sermons 844 

Section  2.  Subjects  of  sermons  . .  .844 
1.  Expository     preaching    com- 
mended   844 


Section  3.  Method  of  preaching..  .845 
Section  4.  Sermons     not    to    be 

lengthy 845 

Section  5.  Close  of  service 845 

Section  6.  Who  may  preach 845 


Chapter  VIII.   Op  the  Administration  op  Baptism. 


Section  1.  When  and  by  whom  to 

be  performed 845 

1.  Age    of   infancy    not    deter- 

mined    845 

2.  Baptism  by   Unitarians,  Ro- 

mish baptism,  etc 846 

Section  2.  Where    usually    to    be 

administered 846 

Section  3.  Presentation     of    chil- 
dren  846 

1.  Who  may  be  presented    for 

baptism 846 

2.  The  duty   of  Christian  mas- 

ters to  have   their  servants 
baptized,  etc 846 


3.  Orphan  children   of  heathen 
parents  in   the   care   of  our 

missions 846 

Section  4.    Addresses      preceding 

baptism 847 

1.  Obligations  and  qualifications 

of  parents 848 

2.  Parents  required  to  enter  into 

engagements 848 

3.  Instruction   to    be  given  and 

discipline  urged  for  neglect. 848 
Section  5.  Order     of    administra- 
tion   849 

1.  Mode  of  baptism 849 


xlvi 


SYLLABUS. 


Chapter  IX.    Of  the  AoMiNrsTRATroN  op  the  Lord's  Suppee. 


Section  1.     Times  of  celebration.. 849 

1.  Where  there    is     no  church 

organized 849 

2.  Not  usually  in  the  bounds  of 

a  congregation  without  con- 
sent  849 

3.  Where  a  minister  may  stated- 

ly preach  he  may  administer 
the  Lord's  Supper 850 

4.  Administered    in     a    private 

house  in  sickness 850 

Section  2.     Who  to  be  excluded. .  .850 
Section  3.     Public  notice  and   in- 
struction   850 

Section    4.       Address    before    ad- 
ministration   850 

1.  The  ignorant  and  scandalous 

excluded 851 

2.  Not    the    custom     to    invite 

those  wlio    have    not    pro- 
fessed Christ 851 

3.  Church    membership     is   im- 


plied   in    the  invitation   to 
commune 851 

4.  Baptism  with  water  is  essen- 

tial   to   communion    in    the 
Presbyterian   Church 851 

5.  Communicants'    classes  com- 

mended   852 

Section  5.       Order  of  adniinistra- 

ticn 852 

1.  Communion  wine,  the  purest 

attainable  to  1)e  used 853 

2.  Unfermented  fruit  of  the  vine 

fulfills  every  condition 853 

3.  Individual    communion   cups 

not  approved 853 

4.  The  number  of  cups  left  to 

the  discretion  of  the  Session. 854 

5.  No  rule  as  to  persons  to  aid 

the  minister 854 

6.  Deacons  may  aid  in  the  dis- 

tribution of  the  elements. .  .854 
Section  6.     Preparatory  services.  854 


Chapter  X.     Of  the  Admission  op  Persons  to  Sealing  Ordinances. 


Section  1.     Duties  and   privileges 

of  baptized  children 854 

1.  Pastoral   care   over    baptized 

children 855 

2.  Discipline    of   baptized   chil- 

dren. The  subject  post- 
poned  855 

3.  Diligent    oversight    enjoined 

in  the  care  of  the  baptized 
children 855 

4.  The   duty   of   home  training 

urged  upon  the  attention  of 
the  Church    855 

5.  Children  should  be  trained  in 

the  faith  of  our  fathers 856 

6.  Catechetical    instruction    en- 

joined on  parents 856 

7.  Family  training  essential  to 

the  increase  of  the  ministry 
and  of  the  Church 856 

8.  Placing  children  in  Romanist 

schools  a  violation  of  cove- 
nant engagements 856 

Section  2.     Years  of  discretion 857 

Section  3.     Examinations  of  appli- 
cants   857 

1.  Universalists   not    to    be  ad- 

mitted to  sealing  ordinances.857 

2.  Persons   refusing    to   present 

their  children  in  baptism  not 
to  be  refused  communion, 
but  the  expediency  of  re- 
ceiving them  to  be  judged  of 
by  the  Session 857 

3.  Duelists   to  be  received  only 

on  evidence  of  repentance.  .858 


4.  Postmasters  officiating  on  the 

Sabbath 858 

5.  Proprietor  of  mail  stages  run- 

ning on  the  Sabbath 858 

6.  Persons  engaged  in  the  sale  of 

intoxicating  drink   858 

7.  Subjection  to  the  discipline  of 

the  church  requisite 859 

8.  To  be  admitted  only  by  a  Ses- 

sion regularly  constituted..  .859 
9o  Session  the  judge  of  the  quali- 
fication   of    candidates    for 
membership  .    859 

10.  Question  as  to  the  baptism  of 

a  member  of  the  Society  of 
Friends 859 

11.  Intercommunion    with   those 

who  maintain  an  irregular 
ministrj^  discouraged 859 

12.  Polygamists    cannot     be    re- 

ceived into  the  church  while 
remaining  in  that  relation.  .860 

13.  Examination     of     candidates 

ought  ordinarily  to  be  in  the 

presence  of  the  Session 860 

Section  4.     Public    profession    by 

unbaptized  persons 861 

1.  Baptism    may     follow    upon 

a  general  profession  of  faith. 861 

2.  An  excommunicaied  member, 

if  restored,  is  not  to  be  rebap- 
tized 861 

3.  To  admit  to  sealing  ordinances 

belongs  exclusively  to  the 
Session.  Forms  of  admis- 
sion  861 


DIRECTORY    FOR    WORSHIP, 


xlvii 


Chapter  XI.     Op  the  Modp:  op  Inflicting  and  Removing  Censures. 


Section  1.  Tenderness   toward   of- 
fenders  862 

Section  2.  Form  of  sentence 862 

Section  '6.  Prayers  for  offenders  .  .863 
Section  4.  Restoration     upon     re- 
pentance   863 

Section  5.  Excommunication  may 

be  necessary 863 


Section  6.  Form  of  excommunica- 
tion  863 

Section  7.  Restoration  after  ex- 
communication   863 

Section  8.  Discretion  of  judicatory 

as  to  censures 864 


Chapter  XII.     Of  the  Solemnization  of  Marriage. 


Section  1.  Marriage  not  a  sacra- 
ment  864 

Section  2.  Cliristian    marriage    to 

be  by  a  minister 864 

1.  Marriage  solemnized  l)y  licen- 

tiates'     864 

2.  Marrying  in  the  Lord  defiued864 

Section  3.  Who  may  marry 864 

Section  4.  Consent  of  parents  and 

guardians 864 

1.  Clandestine      marriage     dis- 
couraged   865 


Section  5.  Rights  of  parents 865 

Section  6.  Public  notice  and  obe- 
dience to  the  law 865 

1.  Publication     of    purpose     of 

marriage 865 

2.  Caution  enjoined  in  solemniz- 

ing marriages 865 

Section  7.  Witnesses    and    certifi- 
cate   866 

Section  8.  Form  of  marriage 866 


Chapter  XIII.     Op  the  Visitation  op  the  Sick. 
Sections  1-10 ; 867,  868 


Chapter  XIV.     Op  the  Burial  op  the  Dead. 


Sections  1,2 869   | 

1.  Carousing     and    ostentatious         ' 


parades  discountenanced  ..  .869 


Chapter  XV.     Of  Fasting,  and  of  the  Observation  op  the  Days  op 

Thanksgiving. 


Section   1.    The    Lord's    Day   the 

only  holy  day 869 

Section  2.  Fasting  and  thanks- 
giving Scriptural 869 

1.  The  duty  of  foisting 869 

2.  Churches  should  observe  days 

appointed  by  the  local  au- 
thorities  870 

Section  3.  Who  should  observe. .  .870 

Section  4.  Who  may  appoint 870 

Special   days    appointed    by   the 
supreme  judicatory. 

1.  Upon    the    occasion   of   the 
French  War 870 

2.  On  the  war  with  Spain 870 

3.  On    account  of  trouble  with 
England 870 

4.  Before  the  second  war  with 
England 870 

5.  During  the  second  war  with 
England 871 


6.  On     the     outbreak    of    the 
Civil  War 871 

7.  On  account  of  the  profana- 
tion of  the  Sabbath 872 

8.  For  the   conversion   of   the 
world 872 

9.  The  week  of  prayer.     The 
first  entire  week  in  January. 872 

10.  Day  of  prayer  for  colleges, 
theological  seminaries,  etc.  .874 

11.  Monthly   concert  of  prayer 
for  missions 874 

12.  Children's  day,  special  ser- 
vices to  be  heid 874 

Section  5.  Public  notice 875 

Section  6.  Public  worship  obliga- 
tory  875 

Section  7.  Method     of    observing 

fast  days 875 

Section  8.  Method     of    observing 

thanksgiving  days 875 


xlviii  SYLLABUS. 

Chapter  XVI.     The  Directory  for  Secret  and  Family  Worship. 


Sections  1-5 875,  876 

1.  Duty    of   ministers    to    urge 

family  religion 876 

2.  The   evening  of   the    Lord's 


Day  especially  set  apart  for 
family  training.  The  Stand- 
ards need  no  change  to  fit 
them  for  the  present  time. .  .876 


ADDITIONS  TO  ACTS,  DECISIONS,  AND  DELIVERANCES. 


Qualifications  of  voters  for  pas- 
tors, elders,  and  other  offi- 
cers   878 

Close  of  the  ecclesiastical  year.  .880 

Annual  Narrative  of  the  State 
of  Religion 880 


Reorganization  of  the  Board  of 
Home  Missions 881 

Action  as  to  legacies,  etc.,  Board 
of  Relief 881 

Act  relating  to  the  reception  and 
probation  of  ministers  from 
other  Churches 881 


^ndex 883-909 


DIGEST 


ACTS  AND  DELIVERANCES 

OF  THE  GENERAL  ASSEMBLY  OF  THE 

PRESBYTERIAN  CHURCH  IN  THE  UNITED  STATES 

OF  AMERICA. 


PART  I. 

HISTORICAL  DOCUMENTS. 


I.  THE  ORGANIZATION  OF  THE  CHURCH. 

1.    The  General  Presbytery. 

[Note.— We  have  no  history  of  the  organization  of  the  First  Presbytery  in  what  is 
now  "  The  United  States  of  America."  No  record  is  to  be  found  prior  to  Decem- 
ber 27,  1706,  when  we  find  tlie  Presbytery  in  session  engaged  in  the  work  of  examin- 
ing Mr.  John  Boyd  as  a  candidate  for  ordination,  in  the  manner  and  form  familiar 
to  us  at  this  day. — Records  of  the  Presbyterian  Church,  1706,  p.  9. 

It  seems  to  have  had  no  other  designation  tlian  "  The  Presbytery,"  and  was,  until 
1717,  the  supreme  judicatory  of  our  Church.] 

2.  The  General  Synod. 

In  1716  the  Presbytery  adopted  the  following: 

It  having  pleased  divine  Providence  so  to  increase  our  number,  as 
that,  after  much  deliberation,  we  judge  it  may  be  more  serviceable  to  the 
interest  of  religion,  to  divide  ourselves  into  subordinate  meetings  or  Pres- 
byteries, constituting  one  annually  as  a  Synod,  to  meet  at  Philadelphia 
or  elsewhere,  to  consist  of  all  the  members  of  each  subordinate  Presby- 
tery or  meeting  for  this  year  at  least:  Therefore  it  is  agreed  bv  the 
Presbytery,  after  serious  deliberation,  that  the  first  subordinate  meeting 
or  Presbytery,  to  meet  at  Philadelphia  or  elsewhere,  as  they  shall  see  fit, 
do  consist  of  these  following  members,  viz. :  Masters  Andrews,  Jones. 
Powell,  Orr,  Bradner  and  Morgan.  And  the  second  to  meet  at  New 
Castle  or  elsewhere,  as  they  shall  see  fit,  to  consist  of  these,  viz. :  Masters 
Anderson,  McGill,  Gillespie,  Wotherspoon,  Evans,  and  Conn.  The 
third  to  meet  at  Snow  Hill  or  elsewhere,  to  consist  of  these,  viz. : 
Masters  Davis,  Hampton  and  Henry.     And  in  consideration  that  only 


2  HISTORICAL    DOCUMENTS. 

our  brethren  Mr.  McNif^h  and  Mr.  Pumry  are  of  our  numl)er  upon 
Long  Island  at  present,  we  earnestly  recomnieud  it  to  them  to  use  their 
best  endeavors  with  the  neighboring  brethren  that  are  settled  there, 
which  as  yet  join  not  with  us,  to  join  with  them  in  erecting  a  fourth 
Presbytery.  And  as  to  the  time  of  the  meeting  of  the  respective  Pres- 
byteries, it  is  ordered  that  that  be  left  to  their  own  discretion. — 1716, 
p.  45. 

Our  next  meeting  being  appointed  as  a  Synod,  it  was  ordered  that  the 
present  Moderator  (Rev.  George  McNish)  open  the  same  by  preaching. 
....  Appointed  that  the  first  meeting  of  our  said  Synod  be  at  Phila- 
delphia, on  the  third  Tuesday  of  September  in  the  year  1717. — 1716, 
p.  46. 

3.  The  General  Assembly. 

a.    Preparatory  act. 

The  Synod,  considering  the  number  and  extent  of  the  churches  under 
their  care,  and  the  inconvenience  of  the  present  mode  of  government 
by  one  Synod, 

Resolved,  That  this  Synod  will  establish  out  of  its  own  body  three  or 
more  subordinate  Synods,  out  of  which  shall  be  composed  a  General 
Assembly,  Synod  or  Council,  agreeably  to  a  system  hereafter  to  be 
adopted.— 1786,  p.  517. 

b.   The  Synod  divided  and  the  General  Assembly  constituted. 

Resolved  unanimoxisly ,  That  this  Synod  be  divided,  and  it  is  hereby 
divided,  into  four  Synods,  agreeably  to  an  act  made  and  provided  for 
that  purpose  in  the  sessions  of  Synod  in  the  year  one  thousand  seven 
hundred  and  eighty -six;  and  that  this  division  shall  commence  on  the 
dissolution  of  the  present  Synod. 

Resolved,  That  the  first  meeting  of  the  General  Assembly,  to  be  con- 
stituted out  of  the  above  said  four  Synods,  be  held,  and  it  is  hereby 
appointed  to  be  held,  on  the  third  Thursday  of  May,  one  thousand 
seven  hundred  and  eighty -nine,  in  the  Second  Presbyterian  Church  in 
the  city  of  Philadelphia,  at  eleven  o'clock  a.m.;  and  that  Dr.  Wither- 
spoon,  or,  in  his  absence.  Dr.  Rogei's,  open  the  General  Assembly  with 
a  sermon,  and  preside  till  a  Moderator  be  chosen. — 1788,  pp.  547,  548. 


II.   ADOPTION,  ETC.,   OF   THE  STANDAEDS. 

/.    THE  ADOPTING  ACTS  OF  1729  AND 
EXPLANA  TOR  Y  A  CTS. 

1.  The  Overture  laid  over  for  a  year. 

There  being  an  overture  presented  to  the  Synod  in  writing,  having 
reference  to  the  subscribing  to  the  Confession  of  Faith,  etc. ,  the  Synod, 
judging  this  to  be  a  very  important  aflair,  unanimously  concluded  to 
defer  the  consideration  of  it  till  the  next  Synod,  withal  recommending 
it  to  the  members  of  each  Presbytery  present  to  give  timeous  notice 
thereof  to  the  absent  members. — 1728,  p.  91. 


ADOPTION    OF   THE   STANDARDS.  6 

2.  The  Confession  of  Faith,  Larger  and  Shorter  Catechisms  of  the 
Westminster  Assembly  adopted. 

a.  Act  relating  to  Subscription. 

The  committee  brought  in  an  overture  upon  the  affair  of  the  Confes- 
sion, which  was  agreed  upon  in  hcec  verba  : 

Although  the  Synod  do  not  claim  or  pretend  to  any  authority  of 
imposing  our  faith  upon  other  men's  consciences,  but  do  profess  our  just 
dissatisfaction  with  and  abhorrence  of  such  impositions,  and  do  utterly 
disclaim  all  legislative  power  and  authority  in  the  Church,  being  willing 
to  receive  one  another  as  Christ  has  received  us  to  the  glory  of  God,  and 
admit  to  fellowship  in  sacred  ordinances  all  such  as  we  have  grounds  to 
believe  Christ  will  at  last  admit  to  the  kingdom  of  heaven,  yet  we  are 
undoubtedly  obliged  to  take  care  that  the  faith  once  delivered  to  the 
saints  be  kept  pure  and  uncorrupt  among  us,  and  so  handed  down  to  our 
posterity.  And  do  therefore  agree  that  all  the  ministers  of  this  Synod, 
or  that  shall  hereafter  be  admitted  into  this  Synod,  shall  declare  their 
agreement  in  and  approbation  of  the  Confession  of  Faith,  Avith  the 
Larger  and  Shorter  Catechisms  of  the  Assembly  of  Divines  at  Westmin- 
ster, as  being,  in  all  the  essential  and  necessary  articles,  good  forms  of  sound 
woi'ds  and  systems  of  Christian  doctrine,  and  do  also  adopt  the  said 
Confession  and  Catechisms  as  the  confession  of  our  faith.  And  we  do 
also  agree,  that  all  the  Presbyteries  within  our  bounds  shall  always  take 
care  not  to  admit  any  candidate  for  the  ministry  into  the  exercise  of  the 
sacred  function,  but  what  declares  his  agreement  in  opinion  with  all  the 
essential  and  necessary  articles  of  said  Confession,  either  by  subscribing 
the  said  Confession  of  Faith  and  Catechisms,  or  by  a  verbal  declaration 
of  their  assent  thereto,  as  such  minister  or  candidate  shall  think  best. 
And  in  case  any  minister  of  this  Synod,  or  any  candidate  for  the  minis- 
try, shall  have  any  scruple  with  respect  to  any  article  or  articles  of  said 
Confession  or  Catechisms,  he  shall  at  the  time  of  his  making  said  declar- 
ation declare  his  sentiments  to  the  Presbytery  or  Synod,  who  shall, 
notwithstanding,  admit  him  to  the  exercise  of  the  ministry  within  our 
bounds,  and  to  ministerial  communion,  if  the  Synod  or  Presbytery  shall 
judge  his  scruple  or  mistake  to  be  only  about  articles  not  essential  and 
necessary  in  doctrine,  worship  or  government.  But  if  the  Synod  or 
Presbytery  shall  judge  such  ministers  or  candidates  erroneous  in  essential 
and  necessary  articles  of  faith,  the  Synod  or  Presbytery  shall  declare 
them  uncapable  of  communion  with  them.  And  the  Synod  do  solemnly 
agree  that  none  of  us  will  traduce  or  use  any  opprobrious  term  of  those  that 
differ  from  us  in  these  extra-essential  and  not  necessary  points  of  doc- 
trine, but  treat  them  with  the  same  friendship,  kindness  and  brotherly 
love,  as  if  thev  had  not  differed  from  us  in  such  sentiments. — 1729, 
p94. 

b.   The  Adopting  Act  proper,  f 

On  the  afternoon  of  the  same  day, 

All  the  ministers  of  this  Synod  now  present,  except  one  *  that  declared 
himself  not  prepared,  viz. :  Masters  Jedidiah  Andrews,  Thomas  Craig- 
head, John  Thomson,  James  Anderson,  John  Pierson,  Samuel  Gelston, 
Joseph  Houston,  Gilbert  Tennent,  Adam  Boyd,  Jonathan  Dickinson, 
John  Bradner,  Alexander  Hutchinson,  Thomas  Evans,  Hugh  Stevenson, 
*  Daniel  Elmer,  who  subscribed  the  next  year.— 1730,  p.  97.  t  See  p.  5. 


4  HISTORICAL    DOCUMENTS. 

William  Tennent,  Hugh  Conn,  George  Gillespie  and  John  Wilson,  after 
proposing  all  the  scruples  that  any  of  them  had  to  make  against  any 
articles  and  expressions  in  the  Confession  of  Faith  and  Larger  and 
Shorter  Catechisms  of  the  Assembly  of  Divines  at  Westminster,  have 
unanimously  agreed  in  the  solution  of  those  scruples,  and  in  declaring 
the  said  Confession  and  Catechisms  to  be  the  confession  of  their  faith, 
excepting  only  some  clauses  in  the  twentieth  and  twenty -third  chapters, 
concerning  which  clauses  the  Synod  do  unanimously  declare  that  they 
do  not  receive  those  articles  in  any  such  sense  as  to  suppose  the  civil 
magistrate  hath  a  controlling  power  over  Synods  with  respect  to  the 
exercise  of  their  ministerial  authority,  or  power  to  persecute  any  for  their 
religion,  or  in  any  sense  contrary  to  the  Protestant  succession  to  the 
throne  of  Great  Britain. 

The  Synod,  observing  that  unanimity,  peace  and  unity  which  appeared 
in  all  their  consultations  and  determinations  relating  to  the  affair  of  the 
Confession,  did  unanimously  agree  in  giving  thanks  to  God  in  solemn 
prayer  and  praises. — 1729,  p.  95. 

3.  The  "Directory"  recommended. 

The  Synod  do  unanimously  acknowledge  and  declare,  that  they  judge 
the  Directory  for  Worship,  discipline  and  government  of  the  Church, 
commonly  annexed  to  the  Westminster  Confession,  to  be  agreeable  in 
substance  to  the  word  of  God,  and  founded  thereupon,  and  therefore  do 
earnestly  recommend  the  same  to  all  their  members,  to  be  by  them 
served  as  near  as  circumstances  will  allow  and  Christian  prudence 
direct.— 1729,  p.  95. 

4.  Intrants  and  candidates  to  adopt  the  Confession  in  the  same 
manner  and  as  fully  as  those  then  present. 

a.  Whereas  some  persons  have  been  dissatisfied  at  the  manner  of 
wording  our  last  year's  agreement  about  the  Confession,  etc.;  supposing 
some  expressions  not  sufficiently  obligatory  upon  intrants ;  Overtured,  That 
the  Synod  do  noAV  declare  that  they  understand  these  clauses  that 
respect  the  admission  of  intrants  or  candidates  in  such  a  sense  as  to 
oblige  them  to  receive  and  adopt  the  Confession  and  Catechisms  at  their 
admission  in  the  same  manner  and  as  fully  as  the  members  of  the  Synod 
did  that  were  then  present.  Which  overture  was  unanimously  agreed  to 
by  the  Synod.— 1730,  p.  98. 

b.  Ordered,  That  the  Synod  make  a  pai'ticular  inquiry  during  the 
time  of  their  meeting  every  year,  whether  such  ministers  as  have  been 
received  as  members  since  the  foregoing  meeting  of  the  Synod  have 
adopted,  or  have  been  required  by  the  Synod,  or  by  the  respective 
Presbyteries,  to  adopt  the  Westminster  Confession  and  Catechisms  with 
the  Directory,  according  to  the  acts  of  the  Synod  made  some  years  since 
for  that  purpose,  and  that  also  the  report  made  to  the  Synod  in  answer 
to  said  inquiry  be  recorded  in  our  minutes. — 1734,  p.  109. 

5.  To  be  inscribed  in  the  book  of  each  Presbytery. 

Ordered,  That  each  Presbytery  have  the  whole  Adopting  Act  inserted 
in  their  Presbytery  book. — 1735,  p.  115. 


ADOPTION    OP    THE    STANDARDS.  5 

6.  An  act  explaining  the  Adopting  Act. 

Au  overture  of  the  committee  upon  the  supplication  of  the  people  of 
Paxton  and  Derry  was  brought  in  and  is  as  followeth:  Tliat  the  Synod 
do  declare,  that  inasmuch  as  we  understand  that  many  persons  of  our 
persuasion,  both  more  lately  and  formerly,  have  been  oflended  with  some 
expressions  or  distinctions  in  the  first  or  preliminary  act  of  our  Synod 
contained  in  the  printed  paper,  relating  to  our  receiving  or  adopting  the 
Westminster  Confession  and  Catechisms,  etc. ;  That  in  order  to  remove 
said  offense,  and  all  jealousies  that  have  arisen  or  may  arise  in  any  of 
our  people's  minds  on  occasion  of  said  distinctions  and  expressions,  the 
Synod  doth  declare  that  the  Synod  have  adopted  and  still  do  adhere  to 
the  Westminster  Confession,  Catechisms  and  Directory,  without  the  least 
variation  or  alteration,  and  without  any  regard  to  said  distinctions. 
And  we  do  further  declare  that  this  was  our  meaning  and  true  intent  in 
our  first  adopting  of  said  Confession,  as  may  particularly  appear  by  our 
Adopting  Act  which  is  a.s  folloAveth :  '  'All  the  ministers  of  the  Synod  now 
present  (which  were  eighteen  in  number,  except  one  that  declared 
himself  not  prepared),  after  proposing  all  the  scruples  any  of  them  had 
to  make  against  any  articles  and  expressions  in  the  Confession  of  Faith 
and  Larger  and  Shorter  Catechisms  of  the  Assembly  of  Divines  at 
Westminster,  have  unanimously  agreed  in  the  solution  of  these  scruples, 
and  in  declaring  the  said  Confession  and  Catechisms  to  be  the  confession 
of  their  faith,  except  only  some  clauses  in  the  twentieth  and  twenty - 
third  chapters,  concerning  which  clauses  the  Synod  do  unanimously 
declare,  that  they  do  not  receive  these  articles  in  any  such  sense  as  to 
suppose  the  civil  magistrate  hath  a  controlling  power  over  Synods  with 
respect  to  the  exercise  of  their  ministerial  authority,  or  power  to  perse- 
cute any  for  their  religion,  or  in  any  sense  contrary  to  the  Protestant 
succession  to  the  throne  of  Great  Britain." 

And  we  hope  and  desire  that  this  our  Synodical  declaration  and 
explication  may  satisfy  all  our  people,  as  to  our  firm  attachment  to  our 
good  old  received  doctrines  contained  in  said  confession,  without  the  least 
variation  or  alteration,  and  that  they  will  lay  aside  their  jealousies  that 
have  been  entertained  through  occasion  of  the  above  hinted  expressions 
and  declarations  as  groundless.  This  overture  approved  nemine  contra- 
dicente.—nSQ,  p.  126. 

7.  Mode  of  adopting  the  Confession. 

The  Synod  of  New  York  and  Philadelphia  adopt,  according  to  the 
known  and  established  meaning  of  the  terms,  the  Westminster  Confession 
of  Faith  as  the  confession  of  their  faith,  save  that  eveiy  candidate  for 
the  gospel  ministry  is  permitted  to  except  against  so  much  of  the  twenty- 
third  chapter  as  gives  authority  to  the  civil  magistrates  in  matters  of 
religion.  The  Presbyterian  Church  in  America  considers  the  Church  of 
Christ  as  a  spiritual  society,  entirely  distinct  from  the  civil  government, 
having  a  right  to  regulate  their  own  ecclesiastical  policy,  independently 
of  the  interposition  of  the  magistrate. — 1786,  p.  519. 

8.  The  Directory  for  Worship  and  Form  of  Government. 

The  Synod  also  receives  the  Directory  for  public  worship  and  the 
Form  of  church  government  recommended  by  the  Westminster  Assembly 
as  in  substance  agreeable  to  the  institutions  of  the  New  Testament.  This 
mode  of  adoption  we  use,  because  Ave  believe  the  general  platform  of  our 


6  IIISTOKICAL    DOCUMENTS. 

government  to  be  agreeable  to  the  sacred  Scriptures;  but  we  do  not 
believe  that  God  has  been  pleased  so  to  reveal  and  enjoin  every  minute 
circumstance  of  ecclesiastic  government  and  discipline  as  not  to  leave 
room  for  orthodox  churches  of  Christ,  in  these  minutiae,  to  differ  with 
charity  from  one  another. — 1786,  p.  519. 

9.  Authority  of  Pardovan's  Collections. 

The  rules  of  our  discipline  and  the  form  of  process  in  our  Church 
judicatures  are  contained  in  Pardovan's  (alias  Stewart's)  Collections,  in 
conjunction  with  the  acts  of  our  own  Synod,  the  power  of  which,  in 
matters  purely  ecclesiastical,  we  consider  as  equal  to  the  power  of  any 
Synod  or  General  Assembly  in  the  world.  Our  Church  judicatures,  like 
those  in  the  Church  of  Scotland,  from  which  we  derive  our  origin,  are 
Church  Sessions,  Presbyteries  and  Synods,  to  which  it  is  now  in  contem- 
plation to  add  a  National  and  General  Assembly. — 1786,  p.  519. 

It  was  moved  and  carried.  That  the  Form  of  Process  in  Stewart  of 
Pardovan's  Collections,  be  read  and  considered  as  a  basis  of  deliberation 
along  with  the  draught. — 1787,  p.  535. 

11.     THE   CONSTITUTION   OF  1788. 
1.  The  Constitution  revised  and  amended. 

[Note.— In  1786  the  "  Book  of  Discipline  and  Government "  was  referred  to  a  com- 
mittee "  to  digest  such  a  system  as  they  shall  think  to  be  accommodated  to  the  state 
(jf  the  Presbyterian  Church  in  America."  Tlie  committee  consisted  of  Urs.  Wither- 
spoon,  McWhorter,  Rodgers,  Sproat,  Diiffield,  Alison  and  Ewing,  Mr.  Matthew 
Wilson  and  Dr.  Smith,  with  Isaac  Snowden,  Esq.,  Mr.  Robert  Taggart  and  John 
Pinkerton,  Elders.— 1786,  p.  525. 

In  1787,  the  Synod,  preparatory  to  forming  the  General  Assembly,  ordered  a  thor- 
ough revision  of  the  standards,  altering  the  articles  excepted  to  in  the  Adopting  Act 
of  1729,  and  making  such  amendments  as  were  found  to  be  necessary.— 1787,  p.  539.] 

2.  Form  of  Government,  Discipline,  and  Confession  of  Faith, 
ratified  and  adopted. 

The  Synod  having  fully  considered  the  draught  of  the  Form  of  Gov- 
ernment and  Discipline,  did,  on  a  review  of  the  whole,  and  hereby  do 
ratify  and  adopt  the  same,  as  now  altered  and  amended,  as  the  Constitu- 
tion of  the  Presbyterian  Church  in  America,  and  order  the  same  to  be 
considered  and  strictly  observed  as  the  rule  of  their  proceedings,  by  all 
the  inferior  judicatories  belonging  to  the  body.  And  they  order  that  a 
correct  copy  be  printed,  and  that  the  Westminster  Confession  of  Faith, 
as  now  altered,  be  printed  in  full  along  with  it,  as  making  a  part  of  the 
Constitution. 

Resolved,  That  the  true  intent  and  meaning  of  the  above  ratification 
by  the  Synod  is,  that  the  Form  of  Government  and  Discipline  and  the 
Confession  of  Faith,  as  now  ratified,  is  to  continue  to  be  our  Constitution 
and  the  confession  of  our  faith  and  practice  unalterable,  unless  two- 
thirds  of  the  Presbyteries  under  the  care  of  the  General  Assembly  shall 
propose  alterations  or  amendments,  and  such  alterations  or  amendments 
shall  be  agreed  to  and  enacted  by  the  General  Assembly. — 1788,  p.  546. 

3.  Directory  for  Worship  and  Catechisms,  Larger  and  Shorter. 

The  Synod  having  now  revised  and  corrected  the  draught  of  a  Directory 
for  Worship,  did  approve  and  ratify  the  same,  and  do  hereby  appoint  the 


OBLIGATION    OK    TIIK    STANDARDS.  7 

said  Directory,  as  now  amended,  to  be  the  Directory  for  the  wor.ship  of 
God  in  the  Presbyterian  Church  in  the  United  States  of  America. 
They  also  took  into  consideration  the  Westminster  Larger  and  Shorter 
Catechisms,  and  having  made  a  small  amendment  of  the  Larger,  did 
approve,  and  do  hereby  approve  and  ratify  the  said  Catechisms,  as  now 
agreed  on,  as  the  Catechisms  of  the  Presbyterian  Church  in  the  said 
United  States.  And  the  Synod  order  that  the  said  Directory  and  Cate- 
chisms be  printed  and  bound  up  in  the  same  volume  Avitli  the  Confession 
of  Faith  and  the  Form  of  Government  and  Discipline,  and  that  the 
whole  be  considered  as  the  standard  of  our  doctrine,  government,  disci- 
pline and  worship,  agreeably  to  the  resolutions  of  the  Synod  at  their 
present  sessions. — 1788,  p.  547. 

4.  Assembly  enacts  part  of  the  Directory. 

Dr.  Witherspoon ,  Dr.  Smith,  and  the  Moderator,  were  appointed  a 
committee  to  revise  the  chapter  of  the  draught  of  the  directory,  respect- 
ing the  mode  of  inflicting  church  censures,  and  to  lay  it,  as  by  them 
revised,  before  the  General  Assembly  at  their  first  meeting,  to  be  by 
them  considered  and  finally  enacted  —1788,  p.  547. 

The  committee  appointed  by  the  late  Synod  of  New  York  and  Phila- 
delphia, to  revise  the  chapter  of  the  Directory  entitled,  "  Of  the  mode 
of  inflicting  church  censures,"  laid  before  the  Assembly  the  chapter,  as 
by  them  revised;  which,  being  considered  and  amended,  was  finally 
enacted,  and  ordered  to  be  printed  and  published  with  the  Constitution. 
—1789,  p.  9. 

///.    THE  OBLIGATION,  ETC.,  OF  THE  STANDARDS. 

1.  The  Adopting  Acts  and  their  force. 

[Note. — For  the  text  of  the  adopting  acts  and  the  acts  explanatory  of  them,  see 
pp.  2  and  5.] 

2.  Use  and  obligation  of  the  Standards. 

1.  That,  in  the  opinion  of  this  Assembly,  Confessions  of  Faith, 
containing  formulas  of  doctrine,  and  rules  for  conducting  the  discipline 
and  wor.ship  proper  to  be  maintained  in  the  house  of  God,  are  not  only 
recognized  as  necessary  and  expedient,  but  as  the  character  of  human 
nature  is  continually  aiming  at  innovation,  absolutely  requisite  to  the 
settled  peace  of  the  Church,  and  to  the  happy  and  orderly  existence  of 
Christian  communion.  Withm  the  limits  of  Christendom,  few  are  to 
be  found  in  the  attitude  of  avowed  hostility  to  Christianity.  The  name 
of  Christian  is  claimed  by  all,  and  all  are  ready  to  profess  their  belief  in 
the  Holy  Scriptures,  too  many  reserving  to  themselves  the  right  of 
putting  upon  them  what  construction  they  please.  In  such  a  state  of 
things,  without  the  aid  of  Confessions,  Christian  fellowship  can  exist 
only  in  a  very  limited  degree,  and  the  disorder  of  the  Corinthian  Church, 
condemned  by  the  apostle,  would  be  realized :  "  /  am  of  Paul  and  I  of 
Apollos. ' ' 

2.  That,  though  the  Confession  of  Faith  and  Standards  of  our  Church 
are  of  no  original  authority,  independent  of  the  Scriptures,  yet  we 
regard  them  as  a  summary  of  those  divine  truths  which  are  difl^used 
throughout  the  sacred  volume. 

They,    as  a  system  of  doctrines,  therefore,  cannot  be  abandoned,  in 


"8  HISTORICAL    DOCUMENTS. 

our  opinion,  without  an  abandonment  of  the  word  of  God.  They  form 
a  bond  of  fellowship  in  the  faith  of  the  Gospel,  and  the  General  Assem- 
bly cannot  but  believe  the  precious  immortals  under  their  care  to  be 
moi'e  safe  in  receiving  the  truth  of  God's  holy  word,  as  exhibited  in  the 
standards  of  our  Church,  than  in  being  subject  to  the  guidance  of  any 
instructor,  whoever  he  may  be,  who  may  have  confidence  enough  to  set 
up  his  own  opinions  in  opposition  to  the  system  of  doctrines  which  men 
of  sound  learning,  full  of  the  Holy  Ghost,  and  mighty  in  the  Scriptures, 
have  devised  from  the  oracles  of  the  living  God.  It  should  never  be 
forgotten,  that  the  Church  is  solemnly  cautioned  against  the  danger  of 
being  carrie<l  about  by  every  wind  of  doctrine. 

3.  This  Confession  of  Faith,  adopted  by  our  Church,  contains  a 
system  of  doctrines  professedly  believed  by  the  people  and  the  pastors 
under  the  care  of  the  General  Assembly,  nor  can  it  be  traduced  by  any 
in  the  communion  of  our  Church,  without  subjecting  the  erring  parties 
to  that  salutary  discipline  which  hath  for  its  object  the  maintenance  of 
the  peace  and  purity  of  the  Church,  under  the  government  of  her  great 
Master.— 1824,  p.  114. 

3.  Adoption  of  the  Standards  in  every  case  required. 

The  committee  appointed  on  an  overture  respecting  the  consistency  of 
admitting  into  this  Church  ministers  who  manifest  a  decided  hostility  to 
ecclesiastical  creeds,  confessions,  and  fornuilaries,  make  the  following 
report,  which  was  adopted,  viz. : 

1.  That  the  (constitution,  as  is  well  known,  expressly  requires  of  all 
candidates  for  admission,  a  solemn  declaration  that  they  sincerely  receive 
and  adopt  the  Confession  of  Faith  of  this  Church,  as  containing  the 
system  of  doctrine  taught  in  the  Holy  Scriptures. 

2  That  the  last  Assembly,  in  a  report  of  their  committee,  to  be  seen 
on  the  minutes,  have  so  explicitly  and  fully  declared  the  sentiments  of 
this  Church  in  regard  to  her  ecclesiastical  standards,  and  all  within  her 
communion  who  may  traduce  them,  that  no  fiirther  expression  of  our 
views  on  this  subject  is  deemed  necessary. — 1825,  p.  155. 

4.  The  Catechisms  an  integral  part  of  the  Standards  of  the  Church. 

a.  The  committee  to  whom  was  referred  Overture  No.  5,  viz. :  ' '  On 
subscribing  the  Confession  of  Faith,"  made  the  following  report,  which 
was  unanimously  adopted,  viz. : 

That,  in  their  judgment,  any  further  legislation  on  the  subject  by  the 
Assembly  would  be  unnecessary  and  inexpedient.  They  consider  the 
formula  contained  in  our  book,  and  the  rule  adopted  by  the  Assembly  in 
1830 — viz. :  "  That,  in  their  judgment,  every  licentiate  coming  by  certifi- 
cate to  any  Presbytery,  in  connection  with  the  General  Assembly,  from 
any  portion  of  a  corresponding  ecclesiastical  body,  should  be  required  to 
answer  in  the  affirmative,  the  constitutional  questions  directed  by  chapter 
fourteenth  of  our  Form  of  Government,  to  be  put  to  our  candidates 
before  they  are  licensed;  and  that  in  like  manner  every  ordained  minister 
of  the  Gospel,  commg  from  any  church  in  correspondence  with  the 
General  Assembly  by  certificate  of  dismission  and  recommendation, 
should  be  required  to  answer  affirmatively  the  first  seven  questions 
directed  by  chapter  fifteenth  of  our  Form  of  Government,  to  be  put  to 
one  of  our  own  licentiates  when  about  to  be  ordained  to  the  sacred 
office"    (p.    287,    1830)  -  sufficiently    explicit;    and    would    earnestly 


OBLIGATION    OP   THE   STANDARDS.  9 

recommend  these  to  the  attention  of  the  Presbyteries  under  the  care  of 
the  Assembly. 

b.  As  to  the  question  submitted  to  them,  ' '  Whether  the  Catechisms, 
Larger  and  Shorter,  are  to  be  considered  as  a  part  of  the  Standards  of 
our  Church,  and  are  comprehended  in  the  words,  Confession  of  Faith  of 
this  Church  ?"  tlie  committee  feel  no  hesitation  in  answering  that  ques- 
tion in  the  affirmative.  It  does  not  appear  that  any  doubts  on  that  sub- 
ject have  ever  been  entertained  until  very  recently.  The  committee  find 
in  the  minutes  of  the  old  Synod,  at  the  union  of  the  Synod  of  Philadel- 
jjhia  with  the  Synod  of  New  York,  in  1758,  that  the  first  article  of  the 
Plan  of  Union  contains  the  following  words  (Digest  1820,  p.  118),  viz. : 
' '  Both  Synods,  having  always  approved  and  received  the  Westminster 
Confession  of  Faith  and  Larger  and  Shorter  Catechisms  as  an  orthodox 
and  excellent  system  of  Christian  doctrine  founded  on  the  word  of  God, 
we  do  still  receive  the  same  as  the  Confession  of  our  Faith;  and  also  the 
plan  of  worship,  government  and  discipline,  contained  in  the  AVestmin- 
ster  Directory,  strictly  enjoining  it  on  all  our  members  and  probationers 
for  the  ministry  that  they  preach  and  teach  according  to  the  form  of 
sound  words  in  said  Confession  and  Catechisms,  and  avoid  and  oppose  all 
error  contrary  thereto."  In  the  recital  of  the  manner  in  which  a 
Presbytery  was  received  by  the  Synod  of  New  York,  1768,  we  have  the 
following  record,  which  is  contained  in  the  Assembly's  Digest,  p.  50: 
' '  It  was  agreed  to  grant  their  request,  provided  that  they  agree  to  adopt 
our  Westminster  Confession  of  Faith  and  Catechisms,  and  engage  to 
observe  the  Directory  as  a  plan  of  worship,  discipline  and  government, 
according  to  the  agreement  of  this  Synod. ' ' 

In  1788,  in  the  Adopting  Act  of  the  Confession,  as  entered  in  the 
Digest,  p.  124,  the  Catechisms  are  distinctly  mentioned  as  a  part  of  our 
standards.  "  They  also  took  into  consideration  the  Westminster  Larger 
and  Shorter  Catechisms,  and  having  made  a  small  amendment  of  the 
Larger,  did  approve,  and  do  hereby  approve  and  ratify  the  said  Cate- 
chisms as  now  agreed  on,  as  the  Catechisms  of  the  Presbyterian  Church 
in  the  said  United  States.  And  the  Synod  order  that  the  said  Directory 
and  Catechisms  be  printed  and  bound  up  in  the  same  volume  with  the 
Confession  of  Faith  and  the  Form  of  Government  and  Discipline;  and 
that  the  whole  be  considered  as  the  standard  of  our  doctrine,  govern- 
ment, discipline  and  worship,  agreeably  to  the  resolutions  of  the  Synod 
at  their  present  sessions" — one  of  which  resolutions  was  (p.  123), 
"  that  the  Form  of  Government  and  Discipline,  and  the  Confession  of 
Faith,  as  now  ratified,  is  to  continue  to  be  our  constitution  and  the 
confession  of  our  faith  and  practice  unalterably,  unless  two-thirds  of 
the  Presbyteries  under  the  care  of  the  General  Assembly  shall  propose 
alterations  or  amendments,  and  such  alterations  or  amendments  shall  be 
agreed  to  and  enacted  by  the  General  Assembly. ' '  Accordingly,  in  the 
Directory  for  the  administration  of  baptism,  the  Larger  and  Shorter 
Catechisms  of  the  Westminster  Assembly  are  mentioned  in  connection 
with  the  Confession  of  Faith,  as  adopted  by  this  Church,  and  are  to  be 
recommended  as  containing  a  summary  of  the  principles  of  our  holy 
religion,  taught  in  the  Scriptures  of  the  Old  and  New  Testaments. 

The  committee  therefore  recommend  to  the  Assembly  the  adoption  of 
the  following  resolution,  viz. : 

Resolved,  by  the  Assembly,  that  in  receiving  and  adopting  the 
Confession  of  Faith,  as  containing  the  system  of  doctrine  taught  in  the 


10  HISTORICAL    DOCUMENTS. 

Holy  Scriptures,  the  Larger  and  Shorter  Catechisms  of  the  Westminster 
Assembly  of  Divines  are  included,  and  do  constitute  an  integral  part  of 
the  standards  of  this  Church. — 1832,  p.  372. 

5.  Adoption  of  the  Confession  includes  the  Catechisms. 

When  ministers  and  other  officers  are  ordained  in  the  Presbyterian 
Church,  and  give  an  affirmative  answer  to  the  question :  Do  you  sincerely 
receive  and  adopt  the  Confession  of  this  Church  as  containing  the 
system  of  doctrines  taught  in  the  Holy  Scriptures  ?  are  such  ministers 
and  officers  to  be  understood  as  embracing  and  assenting  to  the  doctrines, 
principles,  precepts  and  statements  contained  in  the  Larger  and  Shorter 
Catechisms,  in  the  same  unqualified  sense  in  which  they  are  understood 
to  embrace  and  assent  to  the  doctrines,  principles,  precepts  and  state- 
ments contained  in  other  parts  of  the  Confession  of  Faith  ? 

The  committee  recommend  that  the  question  be  answered  in  the 
affirmative,  and  the  recommendation  was  adopted. — 1848,  p.  18,  O.  S. 

6.  Ministers  who  cannot  adopt  the  Standards,  not  to  be  received. 

On  an  overture  from  the  Presbytery  of  Bethel  relative  to  a  Union 
with  the  Independent  Presbyterian  Church,  the  Assembly  answers, 
"  The  privilege  claimed  by  the  Independent  ministers,  of  holding  and 
teaching  doctrines  not  in  harmony  with  the  Confession  of  Faith,  is  a 
privilege,  which,  even  if  harmless  in  this  particular  case,  might  be 
abused  as  a  precedent,  and  lead  in  other  quarters  and  in  other  relations 
to  serious  mischief.  The  Assembly  expresses  the  desire  that  these  minis- 
ters may  soon  be  able  to  embrace  our  standards,  without  reservation,  and 
in  that  case  the  Presbytery  of  Bethel  is  hereby  authorized  to  ratify  the 
Union,  Avithout  further  application  to  this  body;  but  in  the  event  that 
the  Independent  ministers  and  churches  cannot  relinquish  their  peculiari- 
ties, with  a  good  conscience,  this  Assembly  will  cherish  them  in  the 
bonds  of  a  Christian  love,  but  it  cannot  see  its  way  clear  to  embrace  them 
in  the  same  Denomination." — 1857,  p.  42,  O.  S. 

7.  The  "Heidelberg  Catechism"  approved. 

The  resolutions  reported  by  the  Committee  on  the  Heidelberg  Cate- 
chism were  adopted,  as  follows,  viz. : 

1.  Resolved,  That  this  General  Assembly  recognizes,  in  the  Heidelberg 
Catechism,  a  valuable  Scriptural  compendium  of  Christian  doctrine  and 
duty. 

2.  Resolved,  That  if  any  churches  desire  to  employ  the  Heidelberg 
Catechism  in  the  instruction  of  their  children,  they  may  do  so  with  the 
approbation  of  this  Assembly. 

3.  Resolved,  That  this  Assembly  cordially  rejoices  at  the  continued 
and  increasing  evidences  of  agreement  and  union,  among  those  whose 
symbols  maintain  in  common  the  faith  once  delivered  to  the  saints. — 
1870,  p.  120. 

8.  The  Standards  subordinate  to  and  in  harmony  with  the  Word  of  God. 

The  grounds  for  the  insertion  in  this  title   [Constitution]   of  the  words 
"  Standards  subordinate  to  the  Word  of  God,"  are  as  follows: 
The  Presbyterian  Church  acknowledges  and  maintains: 
1.   That  "  all  the  books  of  the  Old  and  New  Testaments  are  given  by 
inspiration  of  God  to  be  the    rule  of   faith   and  life"    (Confession  of 


OBLIGATION    OF   THE   STANDARDS.  11 

Faith,   Chap,  i,  Sec.  2);  and  "  that  the  Holy  Scriptures  are  the  only 
rule  of  faith  and  manners  "  (Form  of  Government,  Chap,  i,  Sec.  7). 

2.  That  all  Church  power,  whether  exercised  by  the  body  in  general, 
or  in  the  way  of  representation  by  delegated  authority,  is  only  minis- 
terial and  declarative;  that  is  to  say,  that  no  Church  judicatory  ought  to 
pretend  to  make  laws  to  bind  the  conscience  in  virtue  of  their  own 
authority,  and  that  all  their  decisions  should  be  founded  upon  the 
revealed  will  of  God  (Form  of  Government,  Chap,  i,  Sec.  7). 

3.  That  "  all  Synods  or  Councils  since  the  apostles'  times,  whether 
general  or  particular,  may  err  and  many  have  erred;  therefore  they  are 
not  to  be  made  the  rule  of  faith  and  practice,  but  to  be  used  as  a  help 
in  both"  (Confession  of  Faith,  Chap,  xxxi.  Sec.  13). 

4.  That  "  the  supreme  judge  by  which  all  controversies  of  religion 
are  to  be  determined,  and  all  decrees  of  councils,  opinions  of  ancient 
writers,  doctrines  of  men,  and  private  spirits  are  to  be  examined,  and  in 
whose  sentence  we  are  to  rest,  can  be  no  other  but  the  Holy  Spirit, 
speaking  in  the  Scripture." 

These  principles  set  forth  clearly  the  fact  that  the  Holy  Scriptures  in 
their  entirety  have  been  and  are  held  by  this  Church  to  be  the  only  and 
infallible  rule  of  religious  faith  and  practice.  This  Christian  Church 
requires  its  standards  of  doctrine  and  government  to  contain  as  essential 
and  necessary  articles  only  those  things  which  are  ' '  either  expressly  set 
down  in  Scripture,  or  by  good  and  necessary  consequences  may  be 
deduced  from  Scripture"  (Confession  of  Faith,  Chap,  i,  Sec.  6).  In 
matters  which  are  non-essential,  and  which  may  be  "  ordered  by  the 
light  of  nature  and  Christian  prudence, "  it  is  the  law  of  the  Church, 
that  in  their  ordering  the  ' '  general  rules  of  the  Word  are  always  to  be 
observed"  (Confession  of  Faith,  Chap,  i,  Sec.  6). 

Along  with  this  insistence  upon  the  unique  supremacy  of  the  Holy 
Scriptures  there  is  in  the  Standards  the  acknowledgment  of  human 
fallibility.  Christian  Churches  and  their  judicatories,  being  composed  of 
fallible  men,  may  err.  This  admission  of  liability  to  error,  however,  is 
not  to  be  used  as  if  it  lessened  the  authority  of  the  doctrinal  and  govern- 
mental Standards  of  the  Church  over  those  who  have  voluntarily 
accepted  them.  Far  otherwise!  It  is  simply  the  declaration  by  the 
Church  of  its  dependence  upon  the  Divine  Author  of  the  Scriptures,  for 
the  guidance  of  His  Spirit  in  the  interpretation  of  His  Word  and  in  the 
formulation  and  application  of  its  Standards.  This  Church  holds  not 
only  to  the  Word  of  God  as  the  supreme  and  infallible  rule  of  faith  and 
practice,  but  further,  that  its  Confession  of  Faith  contains  the  system  of 
doctrine  taught  in  the  Holy  Scriptures  (Form  of  Government,  Chap, 
xiv,  Sec.  1),  and  that  its  government,  discipline  and  worship  are  agree- 
able to  and  founded  upon  the  Scriptures  (Form  of  Government,  Chap, 
viii.  Sec.  1;  Book  of  Discipline,  Sees.  3  and  4;  Confession  of  Faith, 
Chap,  xxi.  Sec.  1).  The  Holy  Scriptures  are  acknowledged  as  alike 
the  source  and  sanction  in  all  matters  of  faith  and  practice. 

In  view  of  these  statements  the  following  resolutions  are  offered  for 
adoption : 

Resolved,  1 .  That  this  Assembly,  in  directing  the  insertion  in  the  title 
to  the  Constitution  of  the  words  ' '  Standards  subordinate  to  the  Word  of 
God, "  is  to  be  understood  as  setting  forth  the  relation  of  the  Confession 
of  Faith  and  the  other  Standards  of  the  Church  to  the  Word  of  God  aa 
their  sole  source  and  sanction. 


12  HISTORICAL    DOCUMENTS. 

Resolved,  2.  That  this  Assembly  draws  the  attention  of  the  judicato- 
ries and  members  of  the  Church  to  the  declarations  of  the  Standards 
above  quoted,  which  set  forth  in  explicit  terms  the  belief  of  the  Church, 
that  all  the  Standards  are  founded  upon  and  in  accordance  with  the  Holy- 
Scriptures. —1896,  pp.  168,  169. 

IV.    THE  AMENDMENTS  OF   THE  STANDARDS. 

1.  Method  of  amendments. 

The  General  Assembly  of  1887  appointed  a  Committee  on  "  The 
mode  of  effecting  changes  in  the  Constitution  of  the  Church,"  consisting 
of  Ministers — William  Henry  Roberts,  D.D. ,  Chairman,  James  T. 
Leftwich,  D.D. ;  and  Ruling  Elders — Hon.  William  Strong  and  Hon. 
Robert  N.  Willson.  This  Committee  was  increased  in  the  General  As- 
sembly of  1890  by  the  addition  of  the  following  members:  Ministers — 
Everard  Kempshall,  D.D.,  Henry  J.  Van  Dyke,  D.D.,  Francis  L. 
Patton,  D.  D. ,  Herrick  Johnson,  D.  D. ,  and  Robert  M.  Patterson,  D.  D. ; 
and  Ruling  Elders — George  Junkin,  Henry  B.  Sayler  and  Henry  Day. 
This  Committee  reported  to  that  Assembly  [^Minutes,  pp.  62-64]  an 
overture  containing  an  amendment  to  the  Form  of  Government,  being 
Chapter  xxiii.  Of  Amendments.  This  chapter  was  adopted  by  the  Presby- 
teries, and  formally  declared  by  the  Moderator  of  the  Assembly  of  1891, 
to  be  a  part  of  the  Constitution  of  the  Church.  See  for  the  text  of  the 
chapter  in  the  proper  place  in  the  Form  of  Government,  and  also  in  the 
same  place  the  law  enacted  by  the  Assembly  of  1891,  with  reference  to 
the  mode  of  action  upon  the  returns  of  the  Presbyteries  to  overtures  from 
the  Assembly.     See  also.  Adopting  Act  of  1788,  p.  6. 

2.  List  of  amendments. 
The  following  list  of  amendments  to  the  Standards  of  the  Church  is 
given    here  for  information.     The  subject  matter  of     each  amendment 
will  be  found  in  other  parts  of  this  Digest  under  the  proper  head. 

(-/)   The  Confession  of  Faith,  adopted  1729,  amended  1788  and  1887. 
1887,  p.  98. — Chap,  xxiv,  Sec.  iv,  the  last  clause  stricken  out. 

[Note. — The  intent  was  declared  to  be  "To  remove  any  obstacle  which  may  have 
existed  to  the  marrying  of  a  deceased  wife's  sister.] 

{2)  The  Form  of  Government,  adopted  1788,  amended  1805  and  1821. 

1803,  p.  282.— The  Rev.  Drs.  Blair,  Tennent  and  Green,  the  Rev. 
Messrs.  Irwin,  Milledoler,  Potts,  Linn  and  Janeway,  were  appointed  a 
Committee  to  report  alterations  in  the  Constitution. 

1805,  p.  333. — Chap,  viii  (now  ix).  Sec.  i  (now  ii);  Chap,  x  (now 
xi).  Sees,  i,  ii;  Chap,  xi  (now  xii).  Sec.  vi;  Chap,  xii  (now  xiii),  Sec, 
ii;  Chap,  xiv.  Sec.  i;  Chap,  xiv  (now  xv).  Sees,  i,  ii,  iii,  iv,  v;  Chap. 
XV  (now  xvi). 

1819,  p.  700. — Chap,  xi  (now  xii).  Sec.  ii — the  ratio  of  representa- 
tion was  altered. 

1820,  p.  737. — A  Committee  appointed  1816,  "To  revise  the  Forms  of 
Government  and  Process,"  made  its  final  report,  which  was  adopted  by 
the  Assembly,  and  sent  to  the  Presbyteries  as  an  overture  (p.  739). 
The  Committee  consisted  of  John  B.  Romeyn,  D.D.,  A.  Alexander, 
D.D.,  S.  Miller,  D.D.,  and  E.  Nott,  D.D. 


ADOPTION    OF   THE   STANDARDS.  13 

1821,  p.  9. — "  The  whole  of  the  proposed  amendments  sent  down  by 
the  last  Assembly  to  the  Presbyteries  ratified  and  declared  to  be  a  part  of 
the  Constitution." 

(3)  Amendments  Form  of  Government  since  Reunion. 

1871,  p.  593— Chap,  x,  Sec.  ii;  1894,  p.  176— Sec.  viii. 
1881,  p.  523— Chap,  xi.  Sec.  i;  1881,  p.  523— Sec.  iv;  1885,  p.  637. 
1826,  p.  168— Chap,   xii,   Sec.   ii;    1885,   p.   630— Sec.  ii;  1885,  p. 
687— Sec.  iv. 

1891,  p.  142 — Chap,  xii,  Sec.  vi,  stricken  out. 

1892,  p.  172 — Chap,  xii,  Sec.  iv,  new,  adopted. 

1875,  p.  521— Chap,  xiii,  Sec.  viii,  added;  1886,  p.  108— amended. 
1891,  p.  139 — Chap,  xxiii,  "  Of  Amendments,"  added. 

(4)   The  Book  of  Discipline,  adopted  1884^,  amended  1885  to  189Jf.. 

In  1878,  Minutes,  p.  70,  in  answer  to  certain  overtures,  the  Com- 
mittee on  the  Polity  of  the  Church  recommended,  that  a  Committee  of 
six  ministers  and  five  elders  be  appointed  to  consider  whether  any 
changes,  amendments  or  additions  should  be  made  in  our  present  Form 
of  Government  and  Book  of  Discipline,  and  if  so,  what;  to  report  to 
the  next  Assembly.  The  recommendation  was  adopted,  and  the  Com- 
mittee appointed: 

Ministers— Elijah  R.  Craven,  D.D.,  Edwin  F.  Hatfield,  D.D., 
Alexander  T.  McGill,  D.D.,  LL.D.,  William  E.  Moore,  D.D., 
Nathaniel  West,  D.D.,  Robert  W.  Patterson,  D.D.,  Francis  L.  Patton, 
D.D.,  LL.D.  Elders — Hon.  William  Strong,  LL.D.,  Hon.  Joseph 
Allison,  LL.D.,  Hon.  Samuel  M.  Breckenridge,  LL.D.,  Hon.  Samuel 
M.  Moore,  LL.D.,  Hon.  John  T.  Nixon,  LL.D.— p.  119. 

The  Committee  made  report  in  1879  (Minutes,  pp.  550,  551),  and  was 
continued.  Also  1880,  pp.  34,  35;  1881,  pp.  527,  528.  This  report 
was  recommitted  with  instructions  (pp.  573,  574).  The  revision  of 
the  Form  of  Government  was  withdrawn  from  the  Committee. 

The  following  action  was  taken  with  reference  to  the  final  report  of 
the  Special  Committee  on  the  Revision  of  the  Form  of  Government  and 
Book  of  Discipline: 

Resolved,  That  the  consideration  of  the  report  of  the  Committee  on 
the  Revision  of  the  Form  of  Government  and  Book  of  Discipline  be 
postponed  until  the  next  Assembly,  and  that  the  printed  report  be  sent 
down  to  the  Presbyteries  for  their  consideration  and  examination,  and 
that  the  Stated  Clerk  be  instructed  to  send  a  copy  to  every  minister  and 
church  Session. — 1882,  p.  52. 

In  1883  {Minutes,  p.  685),  it  was 

Resolved,  That  the  proposed  revision  of  the  Book  of  Discipline,  and 
of  Chap,  x  of  the  Directory  for  Worship,  be  overtured  to  the  Presby- 
teries for  their  adoption  as  a  part  of  the  Constitution  of  the  Church,  in 
place  of  the  existing  Book  of  Discipline  and  the  existing  Chap,  x  of  the 
Directory  for  Worship. 

1884  {Minutes,  p.  27) — The  Special  Committee  on  the  Answers  of  the 
Presbyteries  to  the  Overtures  on  the  Book  of  Discipline,  reported  their 
adoption  by  a  vote  of  131  affirmatives  to  36  negatives. 

The  Moderator  then  made  a  formal  declaration  that  the  Revised  Book 


14  HISTORICAL   DOCUMENTS. 

of  Discipline  with  the  revision  of  Chap,  x  of  the  Directory  for  Worship, 
have  been  adopted,  and  are  now  a  part  of  the  Constitution  of  the  Church, 
—1884,  p.  31. 

For  the  Revised  Book  as  adopted  in  1884,  see  Minutest,  pp.  658-673. 

Effect  of  the  adoption  of  the  revised  Discipline  on  cases  pending. 

The  following  paper  was  adopted  with  reference  to  the  Revised  Book 
of  Discipline: 

' '  The  General  Assembly  does  hereby  declare  that  no  process  heretofore 
commenced  should  abate  by  reason  of  the  adoption  of  the  Revised  Book 
of  Discipline,  and  all  judicatories  before  which  such  process  is  now  pend- 
ing are  hereby  advised  to  issue  and  determine  such  cases  in  accordance 
with  the  mode  of  procedure  and  under  the  provisions  of  the  Revised 
Book  of  Discipline."— 1884,  p.  111. 

1885. — Chap,  i.  Sec.  v,  was  adopted,  as  found  below, — p.  601. 

Chap,  iv.  Sec.  xviii,  was  amended,  so  as  to  read  as  below. — p.  601. 

Chap,  iv.  Sec.  xxvi,  was  substituted,  so  as  to  read  as  below. — p.  601. 

Chap,  vi.  Sec.  xlvi,  was  amended  by  striking  out  Acting  Elder. — p. 
601. 

Chap,  viii,  Sec.  Ixv,  was  omitted,  and  numbers  following  changed. — 
p.  602. 

Chap,  ix.  Sec.  iii,  sub-Sec.  Ixxxiii,  was  changed  so  as  to  read  as  Sec. 
Ixxxiv  below. — p.  602. 

Chap,  xii,  Sec.  cxii,  was  amended,  so  as  to  read  as  below. — p.  602. 

Chap,  xiii.  Sec.  cxviii,  on  Judicial  Commissions,  was  added. — p.  638. 

1894. — Chap,  xiii.  Sec.  cxviii,  was  amended,  and  Sees,  cxix  and  cxx 
were  added. — p.  176. 

1895. — Chap,  xiv,  on  Differences  between  Judicatories,  was  added, 
—p.  108. 

(5)    Directory  for  Worship,  adopted  1788-89,  amended  188J^-1886. 

1884,  p.  31. — Chap,  x  (now  xi),  revised  and  adopted. 
1886,  p.  107. — Chap,  vi  adopted,  and  the  numbers  of  all  succeeding 
sections  made  higher  by  one. 

1886,  p.  107. — Chap,  vi  (now  vii).  Sec.  v,  amended. 

III.     PUBLICATION  OF   THE  CONSTITUTION. 

1.  Committee  to  supervise  publication,  1788. 

Ordered,  That  Dr.  Duffield,  Mr.  Armstrong  and  Mr.  Green,  be  a 
committee  to  superintend  .the  printing  and  publishing  the  above  said 
Confession  of  Faith  and  Catechisms,  with  the  Form  of  Government 
and  Discipline  and  the  Directory  for  the  Worship  of  God,  as  now 
adopted  and  ratified  by  the  Synod,  as  the  Constitution  of  the  Presby- 
terian Church  in  the  United  States  of  America,  and  that  they  divide  the 
several  parts  into  chapters  and  sections  properly  numbered. — 1788,  p. 
547. 

2.  Committee  authorized  to  publish. 

The  committee  appointed  to  superintend  the  printing  and  publishing 
of    the   Constitution,    etc.,   was  ordered  to  call  on  Mr.   Bradford,   the 


PUBLICATION    OF   THE   CONSTITUTION.  15 

printer,  whom  they  employed  to  print  said  Constitution,  and  to  inquire  of 
him  the  reasons  why  tlie  publication  has  been  so  long  delayed. — 1789, 
p.  6. 

Resolved,  That  the  Constitution  be  printed  at  the  expense  of  the  Gen- 
eral Assembly;  and  that  the  committee,  or  a  majority  of  them,  enter 
into  an  agreement  with  Mr.  Bradford ;  and  that,  on  the  best  terms  they 
can,  they  have  a  number  of  copies,  not  less  than  a  thousand,  nor  greater 
than  fifteen  hundred,  printed  and  bound  in  such  a  manner  as  may  best 
promote  the  sale;  and  that  the  committee  draw,  for  the  price  of  printing 
and  binding,  on  the  Treasurer  of  the  Assembly,  who  is  hereby  ordered 
to  pay  it  out  of  the  present  moneys  in  the  funds.  And  the  Assembly  . 
earnestly  recommend  it  to  the  different  Presbyteries,  to  pay  particular 
attention  to  have  the  fund  reimbursed  out  of  the  sale  of  the  book. — 
1789,  p.  13. 

3.  Committee  of  1792. 

1.   Edition  with  proof -texts  added. . 

a.  The  committee  appointed  to  consider  the  expediency  of  a  new 
impression  of  the  Confession  of  Faith,  Form  of  Government  and 
Discipline  of  this  Church,  reported  ....  that  another  impression 
appeared  expedient,  in  which,  if  the  Scripture  proofs  were  inserted  at 
length,  it  would  become  more  acceptable,  and  might  be  of  greatei'  utility 
to  the  churches;  and  proposed  that  a  committee  be  appointed  properly  to 
select  and  arrange  the  Scripture  texts  to  be  adduced  in  support  of  the 
articles  in  the  Confession  of  Faith,  Form  of  Government  and  Discipline, 
and  prepare  the  same  to  be  laid  before  the  next  General  Assembly. 

Resolved,  That  Dr.  Robert  Smith,  and  Messrs.  Mitchell  and  Grier,  be 
a  committee  to  carry  the  above  into  execution. — 1792,  p.  58. 

b.  A  letter  was  received  and  read  from  Mr.  Mitchell,  one  of  the 
members  of  a  committee  appointed  by  the  Assembly  of  1792,  to  revise 
and  prepare  for  publication  an  edition  of  the  Confession  of  Faith,  Cate- 
chisms, and  Form  of  Government  and  Discipline  of  this  Church, 
informing  this  Assembly  that  considerable  progress  had  been  made  in  the 
business,  but  that  it  was  still  incomplete.  Whereupon  the  business  was 
recommitted,  and  the  Moderator  (the  Rev.  James  Latta)  added  to  the 
committee  in  the  place  of  the  Rev.  Dr.  Robert  Smith,  deceased,  and 
they  were  directed  to  report  to  the  Assembly  in  1794. — 1793,   p.   6Q. 

C.  The  committee  appointed  to  prepare  the  Scripture  proofs  in  sup- 
port of  the  doctrines  of  the  Confession  of  Faith,  the  Catechisms,  etc., 
of  the  Presbyterian  Church,  submitted  their  report,  which  was  read, 
examined,  and  approved  as  a  specimen  of  the  work.  Whereupon  Dr. 
Green,  Messrs.  John  B.  Smith,  James  Boyd,  William  M.  Teunent, 
Nathaniel  Irwin  and  Andrew  Hunter,  were  appointed  a  committee  to 
compare  the  proofs  prepared  by  said  committee,  and  now  reported  to  the 
General  Assembly,  with  the  proofs  annexed  to  the  Westminster  Confes- 
sion of  Faith,  Catechisms  and  Directory;  to  revise  the  whole,  prepare  it 
for  the  press,  to  agree  with  the  printer  for  its  publication,  and  to  super- 
intend the  printing  and  vending  of  the  same. — 1794,  p.  88. 

2.    Authority  of  the  notes.  —  The  text  alo7ie  contains  the  Constitution. 

[Note. — The  "Notes"  referred  to  are  not  found  in  the  constitution  as  revised  in 
1820.    For  the  history  concerning  them  see  Digest,  1886,  pp.  52-54.] 


16  HISTORICAL   DOCUMENTS. 

4.  Unauthorized  editions  discountenanced. 

Resolved,  That  the  Rev.  Drs.  Blair,  Tennent,  and  Green,  the  Rev. 
Messrs.  Irwin,  Milledoler,  Potts,  Linn  and  Janeway,  be  a  committee  to 
take  into  consideration  the  expediency  of  publishing  a  new  edition  of  the 
Confession  of  Faith,  etc.,  of  this  Church;  to  consider  Avhether  any,  and 
if  any,  what  alterations  ought  to  be  made  in  the  said  Confession  of 
Faith,  etc.,  to  make  such  preparatory  arrangements  on  this  subject  as 
they  shall  judge  proper,  and  to  report  to  next  Assembly. 

AVhereas,  This  Assembly  have  been  informed,  that  one  or  more 
unauthorized  editions  of  the  Confession  of  Faith,  and  the  Form  of  Gov- 
ernment and  Discipline  of  this  Church,  have  been  published  within  a 
short  period, 

Resolved,  That  the  Assembly  cannot  recognize  as  accurate,  or  recom- 
mend to  the  churches  under  their  care,  any  edition  of  the  said  Confession 
of  Faith,  published  since  that  which  was  printed  by  Robert  Aitken,  in 
the  year  1797,  under  the  direction  of  the  General  Assembly.  And  the 
Assembly  would  further  declare  to  the  churches  in  their  communion,  that 
no  edition  of  the  said  Confession  of  Faith  ought,  in  future,  to  be 
purchased  or  encouraged  by  them,  except  such  as  may  be  published  by 
the  authority  of  the  Assembly.— 1803,  p.  282. 

5.  Committee  on  circulation. 

Resolved,  That  Mr.  Hotchkin,  Drs.  Blatchford  and  Romeyn,  Messrs. 
Potts,  Patterson,  John  H.  Rice,  Drs.  Blythe,  Hall,  Thompson  and  Mr. 
Kemper,  be  a  committee  to  report  some  plan  for  more  extensively  circu- 
lating the  Confession  of  Faith  and  the  Book  of  Discipline  of  our 
Church.— 1816,  p.  613. 

6.  Presbyteries  and  churches  to  stimulate  circulation. 

The  committee  appointed  to  inquire  whether  some  plan  cannot  be 
devised  for  the  wider  circulation  of  the  Confession  of  Faith,  and  of  the 
Constitution  of  the  Presbyterian  Church,  reported,  and  their  report  being 
read  and  amended,  was  adopted,  and  is  as  follows,  viz. : 

1.  That  it  be  strictly  enjoined  on  all  the  Presbyteries  under  the  Gen- 
eral Assembly,  to  endeavor,  by  such  means  as  upon  careful  examination 
shall  to  them  appear  best,  to  promote  the  difRision  and  wider  circulation 
of  the  Confession  of  Faith,  and  Book  of  Discipline  of  the  Presbyterian 
Church. 

2.  That  it  be  recommended  to  the  congregations  in  our  connection  to 
take  measures  to  supply  their  own  poor  with  the  Confession  of  Faith, 
Catechisms,  and  Book  of  Discipline  of  our  Church. 

7.  Committee  of  supervision  of  1821. 

Drs.  Blatchford,  M'Dowell  and  Wilson,  and  Messrs.  Herron  and 
William  Williams,  were  appointed  a  committee  to  determine  upon  the 
plan  of  printing  a  new  edition  of  the  Confession  of  Faith,  and  Constitu- 
tion of  the  Church. — 1821,  p.  9. 

8.  Committees  of  supervision  appointed  from  the  Synods. 

The  committee  appointed  to  determine  upon  the  plan  of  printing  a  new 
edition  of  the  Confession  of  Faith  and  Constitution  of  tl\e  Church, 
presented  a  report,  which  was  accepted;  whereupon  the  Assembly 

Resolved,  1.   That  the  Rev.  Dr.  Ely  be  appointed  a  committee  to  pro- 


PUBLICATION    OP   THE    CONSTITUTION.  17 

cure  in  the  name  of  the  Trustees  of  the  Genei'al  Assembly,  the  privilege 
of  a  copyright  for  the  publishing  of  the  Confession  of  Faith,  and 
Constitution  of  the  Church;  and  that  he  be  charged  with  seeing  that 
every  part  of  the  law  concerning  the  securing  said  right  be  fully 
complied  with. 

2.  That  any  printer  so  tlisposed,  may  print  any  number  of  copies  of 
said  book,  as  he  shall  think  proper,  subject  to  the  fjllowing  restrictions: 

3.  That  to  secure  authentic  copies  of  so  important  a  publication  three 
ministers  of  each  of  the  Synods  of  our  Church  be  designated  as  a  com- 
mittee in  their  respective  bounds,  whose  duty  it  shall  be  to  form  contracts 
for  the  payment  of  the  pi-emium  hereinafter  mentioned,  and  carefully  to 
examine  the  proof  sheets  of  said  book.  Their  signatures  shall  be 
regarded  as  necessary  certificates  of  authenticity. 

4.  That  each  printer  of  said  book,  for  the  privilege  of  printing,  shall 
pay  the  sum  of  three  cents  per  copy,  to  the  Treasurer  of  the  General 
Assembly;  to  be  equally  divided  between  the  missionary  funds  belonging 
to  this  Assembly,  and  the  funds  of  the  Theological  Seminary  at  Prince- 
ton. 

5.  That  the  committee  of  the  Synod  of  Philadelphia  be  directed  to 
have  the  book  printed  as  speedily  as  possible. 

The  Assembly  then  proceeded  to  appoint  the  following  committees 
in  their  respective  Synods,  to  act  in  conformity  with  the  preceding  resolu- 
tions, viz.— 1821,  p.  18. 

9.  Committees  responsible  for  accuracy. 

Resolved,  That  the  members  of  these  several  committees,  respectively, 
shall  be  considered  as  responsible  to  the  Church  for  the  accuracy  of  the 
editions  which  may  be  printed  under  their  superintendency. — 1821, 
p.  18. 

10.  Board  of  Publication  to  print  and  sell. 

Resolved,  That  the  permission  heretofore  granted  by  the  Assembly  to 
publish  the  Confession  of  Faith  in  contravention  of  the  copyright,  be, 
and  the  same  is,  hereby  revoked. 

Resolved,  That  the  Presbyterian  Board  of  Publication  is  hereby 
directed  to  take  the  charge,  oversight,  and  agency  of  printing  and  selling 
the  authorized  copy  of  the  Constitution  of  the  Presbyterian  Church  in 
the  United  States  of  America.— 1839,  p.  177,  O.  S. 

11.  Synodical  committees  abolished. 
Resolved,  That  the  standing  committees  to  supervise  the  publication  of 
the  Constitution,  within  the  bounds  of  the  several  Synods,  be,  and  the 
same  are,  hereby  abolished. — 1839,  p.  177,  O.  S. 

12.  Permanent  committee  of  supervision  appointed. 

Resolved,  That  the  Stated  and  Permanent  Clerks  be  a  committee  to 
supervise  the  publication  of  any  and  all  editions  of  the  Constitution 
hereafter  issued  by  the  Board  of  Publication,  and  also  of  the  Rules  for 
Judicatories. — 1886,  p.  113. 

Resolved,  1.  That  the  Permanent  Committee  on  Editions  of  the  Constitu- 
tion be  enlarged  by  the  addition,  ex-offido,  of  the  Rev.  E.  R.  Craven, 
D.D.,  LL.D. 

Resolved,  2.  That  no  change  of  the  text  of  any  of  the  several 
Standards  of  Doctrine,  Government,  Discipline  and  Worship,  included 
2 


18  HISTORICAL    DOCUMENTS. 

in  the  Coustitutiou,  shall  hereafter  be  made  except  after  report  to    the 
General  Assembly,  and  due  constitutional  procedure. — 1891,  p.  87. 

13.  Attestation  by  the  committee  of  supervision. 

The  Permanent  Committee  appointed  to  supervise  all  editions  of  the 
Constitution,  having  carefully  examined  this  edition,  herewith  state  that 
the  text  has  been  carefully  compared  with  those  of  the  editions  of  1789, 
1797,  1815,  1821,  1885  and  1888,  the  edition  of  1789  being  regarded 
as  the  Princeps,  and  also  with  the  texts  of  the  amendments  as  they 
appear  in  the  Minutes  of  the  General  Assembly.  In  their  judgment, 
this  edition  contains  what  may  be  regarded  as  the  authoritative  text  of 
the  Standards  of  the  Presbyterian  Church  in  the  United  States  of 
America.  The  proof -texts  are  those  approved  by  the  Assembly  of  1894, 
and  have  been  carefully  edited.  The  Index  has  been  greatly  enlarged, 
and  it  is  believed  will  prove  a  decided  help  in  consulting  the  work. 

[Edition  of  1896.]  Wm.  H.  Roberts, 

Wm.  E,  Moore, 
E.  R.  Craven. 

14.  Standard  copy  of  the  Shorter  Catechism. 

Resolved,  That  the  Assembly  approve  the  revised  copy  of  the  Shorter 
Catechism  with  the  Ten  Commandments,  the  Lord's  Prayer,  and  the 
Creed,  presented  by  the  Board  of  Publication,  and  hereby  adopt  the 
same  as  the  standard  edition  of  our  Church. — 1872,  p.  22. 

[Note. — See  Report  of  the  Committee  on  Proof-texts,  1894,  p.  24.] 

15.  Report  on  corrections  in  punctuation,  etc. 

The  Special  Committee  on  a  New  Edition  of  the  Constitution  pre- 
sented its  Report,  which  was  accepted,  and  adopted,  and  is  as  follows: 

The  Permanent  Committee,  consisting  of  the  Stated  and  Permanent 
Clerks,  appointed  to  supervise  the  editions  of  the  Constitution  of  the 
Church,  would  respectfully  report  to  the  General  Assembly  of  1891  that 
a  new  edition  of  the  Constitution  has  been  prepared  under  the  super- 
vision of  the  Committee,  and  published  by  the  Board  of  Publication  and 
Sabbath -school  Work.  Great  care  has  been  taken  in  the  preparation  of 
this  edition,  and  it  is  believed  to  be  more  accurate  than  any  preceding 
issue.  The  text  has  been  carefullv  compared  with  the  editions  of  1789, 
1797,  1815,  1885  and  1888,  the  edition  of  1789  being  regarded  as  the 
Princeps,  and  also  with  the  texts  of  the  several  amendments  as  they 
appear  in  the  Minutes  of  the  General  Assembly.  In  the  judgment 
of  the  Committee  this  edition  contains  what  may  be  regarded  as  the 
authoritative  text  of  the  Standards  of  the  Presbyterian  Church  in  the 
United  States  of  America.  The  proof -texts  have  been  carefully  com- 
pared with  those  contained  in  the  edition  of  1797.  The  Index  has 
been  enlarged,  and  it  is  believed  will  prove  a  decided  help  in  consulting 
the  work. 

The  Committee  thankfully  acknowledge  the  faithful,  painstaking 
services  and  valuable  assistance  rendered  in  the  preparation  and  publica- 
tion of  this  edition  by  the  Rev.  Elijah  R.  Craven,  D.D.,  LL.D. 

As  a  result  of  the  work  done  by  him  and  your  Committee,  the  following 
restorations  of  the  true  text  of  the  Constitution  have  been  made. 


PUBLICATION    OF   THE   CONSTITUTION.  19 

The  principal  emendations  of  the  text  of  the  Constitution  are  as 
follows : 

Confession. 

1.  The  title  of  Chapter  iii  is  altered  from  "  Of  God's  Eternal 
Decrees  "  to  "  Of  God's  Eternal  Decreed 

2.  Chapter  vii,  3 — "  offered  "  changed  to  "  offereth.^' 

3.  Chapter  xi,  3 — the  punctuation  altered  so  as  to  read:  "  Yet, 
inasmuch  as  He  was  given  by  the  Father  for  them;  and  His  obedience 
and  satisfaction  accepted  in  their  stead ;  and,  both  freely, ' '  etc. 

4.  Chapter  xiii,  1 — a  colon  (:)  after  "  dwelling  in  them:"  and  a 
semi -colon  (;)  after  "  weakened  and  mortified;". 

5.  Chapter  xv,  6 — a  semi -colon  (;)  after  "  the  pardon  thereof;". 

6.  Chapter  xxi,  6 — "into"  is  altered  to  "unto"  in  the  phrase 
*'  either  tied  wnto." 

7.  Chapter  xxiii,  4 — the  article  "  the  "  is  omitted  in  the  first  clause 
before  ' '  people  "  so  as  to  read :  "  It  is  the  duty  of  people. ' ' 

8.  Chapter  xxix,  2 — "  one  "  changed  to  "  once  "  in  the  clause:  "  a 
commemoration  of  the  once  offering  up  of  himself."  (This  change  is 
made  in  accordance  with  the  American  Princeps.  The  British  editions, 
so  far  as  they  have  been  examined,  all  read  ' '  one. ' ' ) 

Larger  Catechism. 

9.  Answer  113 — altering  "the"  to  "His"  in  the  clause:  "using 
His  titles,  attributes,"  etc. 

10.  Answer  113  (near  end) — substituting  "wise"  for  "ways"  in 
the  clause:  "  or  any  wise  opposing,"  etc. 

11.  Answer  120 — inserting  "  day  "  in  the  clause:  "  the  seventh  day 
is  the  Sabbath, ' '  etc. 

12.  Answer  135  (near  end) — substituting  ^ '  forbearing  ^ '  for  ''for- 
bearance. ' ' 

13.  Answer  139  (near  end) — substituting  semi-colon  (;)  for  comma 
(,)  after  "  stage-plays." 

14.  Answer  142 — substituting  "depredation''^  iov '' depopulations.^^ 
(The  word  employed  by  the  Westminster  divines  was  "  depopulations," 
and  it  was  appropriately  used  in  thickly  settled  Britain.  In  this  coun- 
try, however,  which  was  sparsely  settled,  the  word  "depredation" 
appears  in  the  Princeps,  and,  beyond  doubt,  was  the  term  designed  by 
the  Synod.  The  change  to  ' '  depopulations ' '  was  made  subsequent  to 
the  year  1842,  doubtless  to  bring  the  Catechism  into  conformity  with  the 
original  Westminster. ) 

15.  Question  164 — inserting  "  in  his  church  "  after  "  instituted." 

16.  Answer  172  (near  middle) — substituting  "desires"  for  "desir- 
ous ' '  in  the  clause :  ' '  unfeignedly  desires  to  be  found  in  Christ. ' ' 

17.  Answer  175 — substituting  "relapses''  for  "relapse." 

Shorter  Catechism. 

18.  Answer  19 — the  reading  of  the  American  Princeps,  restored  so 
that  the  third  clause  shall  read:  "  and  so  made  liable  to  all  the  miseries 
0/ this  life." 

(There  are  three  forms  of  this  answer:   (1)  The  American  Princeps, 


20  HISTORICAL    DOCUMENTS. 

as  above,  which  was  continued  in  all  editions  until  1842.  (2)  The 
Westminster  and  Scotch,  adopted  in  the  N.  S.  edition  of  1850,  and 
introduced  into  the  editions  of  the  Presbyterian  Board  after  1872 — 
"  and  so  made  liable  to  all  miseries  in  this  life.  (8)  A  form  introduced 
subsequent  to  1842,  and  which  seems  to  have  been  an  attempted  compro- 
mise between  the  American  and  Westminster  forms — "  and  so  made 
liable  to  all  the  miseries  in  this  life. ' ' ) 

19.  The  words  "  End  of  the  Catechism"  restored  after  the  Creed. 
(These  words  appear  in  the  American  Princeps,   and  in  all  editions 

previous  to  those  of  1821.) 

Form  of  Government. 

20.  Chapter  viii,  1 — last  line,  "  or  in  "  substituted  for  "  and  "  in  the 
clause :  "  in  opinion  or  in  practice. ' ' 

21.  Chapter  xiv,  7 — in  Question  1,  substituting  "  the  "  for  "  and  " 
in  clauses :  ' '  the  word  of  God,  the  only  infallible  rule. ' ' 

22.  Chapter  xxii,  1 — substituting  "  their  "  for  "  the  "  in  the  clause: 
"  for  their  commissioners  to  attend  to  their  duty." 

The  Committee  has  also  prepared  a  summary,  setting  forth  in  brief  the 
history  of  the  Standards  of  the  Church,  and  this  has  been  published  on 
page  4  of  the  new  edition. 

Your  Committee  would  recommend  the  passage  and  adoption  of  the 
following  resolutions : 

Resolved,  1.  That  the  Permanent  Committee  on  Editions  of  the  Con- 
stitution be  enlarged  by  the  addition,  ex-officio,  of  the  Rev.  E.  R. 
Craven,  D.D.,  LL.D. 

Resolved,  2.  That  no  change  of  the  text  of  any  of  the  several  Stand- 
ards of  Doctrine,  Government,  Discipline  and  Worship,  included  in  the 
Constitution,  shall  hereafter  be  made  except  after  report  to  the  General 
Assembly,  and  due  constitutional  procedure. 

Respectfully  submitted, 

Wm.   H.   Roberts, 
Wm.  E.  Moore. 
—1891,  pp.  34-37. 

16.  Title-page  of  the  Constitution  changed. 

The  Committee  on  the  Constitution  respectfully  reports  that  a  new 
edition  of  the  Constitution  has  been  issued  under  its  direction,  by  the 
Board  of  Publication;  that  said  edition  contains  the  revised  proof -texts 
reported  to  and  approved  by  the  General  Assembly  of  1894,  and  also 
acts  of  the  Assembly  of  a  general  administrative  character,  as  directed 
by  the  same  Assembly. 

The  Committee  draw  particular  attention  to  the  title-page  of  the  next 
edition,  which  will  read:  "  The  Constitution  of  the  Presbyterian  Church 
in  the  U.  S.  A.,  being  its  Standards,  subordinate  to  the  Word  of  God, 
viz.,  The  Confession  of  Faith,  the  Larger  and  Shorter  Catechisms,  the 
Form  of  Government,  and  the  Directory  for  the  Worship  of  God, ' '  etc. 
—1896,  p.  168. 

[Note. — See  for  full  report  on  the  change  in  title  p.  10.] 


PROOF-TEXTS    TO    THE    STANDARDS.  21 

.      IV.     PROOF-TEXTS  TO  THE  STANDARDS. 

1.  Proof-texts  authorized,  1794. 

The  Committee  appointed  to  prepare  the  Scripture  proofs  iu  support  of 
the  doctrines  of  the  Coufessiou  of  Faith,  the  Catechisms,  etc.,  of  the 
Presbyterian  Church,  submitted  their  report,  which  was  read,  examined, 
and  approved  as  a  specimen  of  the  work.  Whereupon  Dr.  Green, 
Messrs.  John  B.  Smith,  James  Boyd,  William  M.  Tennent,  Nathaniel 
Irwin  and  Andrew  Hunter,  Avere  appointed  a  Committee  to  compare  the 
proofs  prepared  by  said  Committee,  and  now  reported  to  the  General 
Assembly,  Avith  the  proofs  annexed  to  the  Westminster  Confession  of 
Faith,  Catechisms  and  Directory;  to  revise  the  whole,  prepare  it  for  the 
press,  to  agree  with  the  printer  for  its  publication,  and  to  superintend  the 
printing  and  vending  of  the  same. — 1794,  p.  88. 

2.  Revision  of  proof-texts,  1894. 

Overture  from  the  Presbytery  of  Philadelphia,  asking  the  appoint- 
ment of  a  Committee  of  competent  divines  to  revise  the  proof -texts  of 
our  Standards,  and  to  suggest  such  changes  as  may,  on  examination,  be 
found  desirable,  to  be  reported  to  a  future  Assembly. 

It  is  recommended  that  the  request  be  approved,  and  that  the  follow- 
ing Committee  be  appointed  to  report  to  the  next  Assembly:  Ministers — 
Samuel  T.  Lowrie,  William  H.  Green,  Howard  Crosby,  Joseph  T. 
Smith,  Marvin  R.  Vincent,  David  C.  Marquis,  Matthew  B.  Riddle. 
Adopted.— 1888,  p.  59. 

The  next  year  the  Committee  reported  that  the  Rev.  M.  R.  Vincent, 
D.  D. ,  had  declined  to  serve.  On  its  recommendation,  W.  G.  T.  Shedd, 
D.D.,  Edward  D.  Morris,  D.D.,  and  Ransom  B.  Welch,  D.D.,  were 
added  to  the  Committee. — 1889,  p.  19. 

In  1890  the  Committee  reported  progress,  and  was  continued. — 1890, 
pp.  117-119. 

The  next  year  the  Committee  pi-esented  its  report,  with  recommenda- 
tions which  were  adopted.  The  Moderator  was  empowered  to  fill  the 
vacancies  in  the  Committee.  [Dr.  R.  B.  Welch,  and  Dr.  Howard 
Crosby  having  died  since  the  last  report.] 

The  Committee  also  reported  to  the  Assembly  the  chief  rules  that 
were  adopted  for  its  guidance,  as  follows: 

The  proof -texts  as  they  have  heretofore  been  printed  by  the  authority 
of  the  General  Assembly,  and  the  original  Westminster  texts,  were 
taken  together  as  the  basis  of  the  work. 

Westminster  texts  were  restored,  where  they  seemed  better,  or  even  as 
good  as  those  that  were  substituted  for  them  in  our  book.  For  it  is 
desirable,  as  far  as  possible,  to  have  the  original  texts,  and  thus,  also, 
the  same  proofs  as  are  printed  by  other  Presbyterian  Churches  that  have 
the  Westminster  Standards  and  retain  the  Westminster  texts. 

Reject  texts  of  our  book  (a)  where  such  restoration  or  supplying  new 
texts  makes  them  redundant;  or  (b)  where  locating  texts  differently 
seems  expedient,  and  occasions  their  redundancy,  or  (c)  where  the  proof 
is  defective  in  itself,  or  because  of  a  rejected  or  much -disputed  reading 
in  the  original,  or  because  the  sense  is  much  debated. 

Supply  texts  not  used  before  where  they  afibrd  the  most  pertinent 
proof. 


22  HISTORICAL    DOCUMENTS. 

Locate  texts  differently  where  they  are  more  exactly  adapted  to  other 
statements  of  the  Confession  or  Catechism,  than  to  those  to  which  they 
are  attached. 

Arrange  the  texts  under  a  letter  in  the  order  that  corresponds  to  the 
order  of  topics  in  the  clause  to  which  the  letter  refers. 

Print  the  texts  in  full  more  generally  than  they  now  appear;  using 
simple  references  only  to  avoid  repetition  of  the  words  in  full  in  near 
proximity,  or  where  the  passage  is  long. 

The  Committee  took  into  consideration  the  "  Note  attached  to  the 
Title  of  the  Shorter  Catechism,"  which  explains  the  omission  to  supply 
proof -texts  to  that  compendium  as  the  Westminster  divines  had  done. 
It  reads  as  follows:  "  The  Shorter  Catechism  is  simply  an  abridgment  of 
the  Larger;  so  that  the  proofs  of  both  must  be  the  same.  The  reader, 
therefore,  who  desires  to  see  the  Scripture  authorities  for  any  doctrine 
taught  in  this  Catechism,  will  turn  to  that  doctrine  in  the  Larger  Cate- 
chism," etc.  To  say  that  "  the  Shorter  Catechism  is  simply  an  abridg- 
ment of  the  Larger,"  expresses  a  relation  of  the  two  that  is  inconsistent 
with  the  facts  of  their  preparation,  and  with  the  differences  that  appear 
in  their  composition.  We  recommend  that  the  note  shall  read  as 
follows:  "  The  Shorter  Catechism  being  a  brief  compendium  of  what 
is  taught  in  the  Larger,  the  reader  who  desires  to  see  the  Scripture 
authorities,"  etc. 

The  Committee  recommend  that  in  printing  the  proof -texts,  the  method 
of  referring  to  them  from  the  statements  of  the  Confession  of  Faith  and 
Larger  Catechism,  viz. ,  by  small  letters,  be  made  to  conform  as  much  as 
possible  to  the  usage  in  the  standard  editions  of  the  same  as  published 
by  the  Church  of  Scotland;  especially  in  the  following  particulars:  1. 
Omit  the  letters  j  and  v.  2.  At  the  beginning  of  each  chapter  of  the 
Confession  of  Faith,  begin  with  the  first  letter  of  the  alphabet  to  mark 
the  references.  3.  In  the  Confession  of  Faith,  mark  the  proof-texts 
belonging  to  one  chapter  from  those  of  another  by  spacing  with  leads; 
and  the  proof -texts  of  one  section  from  those  of  another  by  setting  the 
number  of  the  section  before  the  first  letter  that  marks  the  texts  belong- 
ing to  it.  4.  In  the  Larger  Catechism,  mark  the  proof -texts  belonging 
to  each  question  by  setting  the  number  of  the  question  before  the  first 
letter  referring  to  it.  5.  That  in  respect  to  spelling,  italics  and  punctua- 
tion, the  printing  of  the  proof -texts  be  made  to  conform  to  some  recog- 
nized standard  of  printing  the  English  Bible. 

A  copy  of  the  Confession  of  Faith,  printed  by  the  Board  of  Publi- 
cation from  newly  made  plates,  in  preparation  for  a  new  and  more 
correct  edition  of  our  Standards,  was  taken  by  the  Committee  and  called 
its  Official  Copy.  The  results  of  their  labor,  viz.,  the  changes  in  the 
proof -texts  that  they  recommend,  and  the  change  in  the  note  attached  to 
the  title  of  the  Shorter  Catechism,  have  been  entered  in  the  margins  of 
the  Official  Copy  of  the  Confession  of  Faith.  This  Official  Copy  we 
herewith  submit  to  the  General  Assembly  as  the  embodiment  of  our 
work. 

In  respect  to  the  acceptance  of  this  report,  and  the  disposition  to  be 
made  of  your  Committee's  work,  the  Assembly  will  necessarily  consider 
the  following  subjects: 

1.  Since  this  revision  of  the  proof -texts  was  instituted,  the  Confession 
of  Faith  itself  has  been  submitted  to  revision  with  a  view  to  possible 
"  alterations  and  amendments." 


PROOF-TEXTS   TO   THE   STANDARDS.  23 

2.  Shall  the  changes  in  the  proof -texts  recommended  by  your  Com- 
mittee be  ado})ted  by  this  Assembly  ? 

In  respect  to  the  first  of  these  considerations,  when  it  is  remembered 
that  the  revision  of  the  Confession  of  Faith  now  in  progress  is  expressly 
limited  "  not  [to]  propose  any  alterations  or  amendments  that  will  in 
any  way  impair  the  integrity  of  the  Reformed  or  Calvinistic  system  of 
doctrine  taught  in  the  Confession  of  Faith"  (Assembly's  "  Minutes," 
1890,  p.  86),  it  appears  that  the  most  of  the  work  done  by  this  Com- 
mittee is  unaffected  by  the  revision  of  the  Confession  of  Faith;  and  it 
may  be  assumed  that  for  the  most  part  the  proof -texts  recommended  by 
this  Committee  will  still  be  found  appropriate  in  places  where  the  text  of 
the  Confession  of  Faith  may  be  modified.  The  readjustment  of  them, 
with  such  omissions  or  other  selections  as  may  become  expedient,  might 
be  referred  to  this  Committee. 

With  regard  to  the  second  consideration  above,  your  Committee  would 
remind  the  Assembly  that  the  present  revision  of  the  proof -texts  was 
instituted  in  view  of  the  following  facts,  viz. : 

1.  Since  the  selection  of  such  texts  by  the  Westminster  divines,  two 
and  a  half  centuries  ago,  much  light  has  been  shed  on  the  texts  used  by 
them,  and  on  others  not  so  used,  and  especially  much  has  been  done  to 
settle  the  correct  text  of  the  Scriptures,  particularly  of  the  New  Testa- 
ment. Consequently  some  changes  of  the  proof-texts  had  become 
important. 

2.  The  proof -texts  as  printed  by  authority  of  our  Church  difier  much 
from  the  original  proof -texts  furnished  by  the  Westminster  Assembly. 
That  Assembly  did  its  work  in  a  very  thorough  way.  Referring  it  first 
to  Special  Committees,  the  proof -texts  recommended  by  these  were  can- 
vassed in  sessions  of  the  Assembly  extending  through  many  days  and 
even  months.  The  finished  work  of  that  Assembly  was  then  reported  to 
Parliament,  and  approved  and  adopted  by  it. 

3.  No  one  can  suppose  that  the  work  of  revising  those  texts  could  be 
attempted  by  one  of  our  General  Assemblies,  in  the  fashion  used  by 
the  Westminster  Assembly.  This  was  not  thought  necessary  by  the 
General  Assemblies  of  1792-4,  that  brought  about  the  revised  proof -texts 
that  our  Church  has  printed  ever  since.  But  the  method  used  at  that 
time  was  faulty.  The  preparation  of  proof -texts  was  consigned  to  a 
small  Committee,  and  the  actual  work  appears  to  have  been  done  by  only 
two  ministers,  one  of  whom  did  the  work  on  the  Confession  of  Faith, 
and  the  other  that  on  the  Larger  Catechism.  On  their  report  and 
recommendation,  the  Assembly  of  1794  adopted  the  proof -texts  and 
ordered  their  printing,  in  the  form  the  Church  has  used  to  the  present. 
(See  Presbyterian  Review,  July,  1888.) 

4.  The  Assembly  that  instituted  the  present  revision  of  the  proof -texts 
improved  on  the  methods  of  the  earlier  revision  by  appointing  a  Com- 
mittee of  nine  ministers,  all  but  one  of  whom  have  been  able  to  devote 
much  labor  to  the  work.  The  Committee  was  intended  to  be  fairly 
representative  of  the  whole  Church,  by  the  character,  qualification,  and 
posit  on  of  its  members,  and  by  their  geographical  distribution,  and  by 
numbers  not  too  many  to  be  practically  cooperative.  The  Committee,  as 
their  reports  show,  have  done  the  work  of  revision  by  methods  that  have 
exacted  the  attention  of  every  member  to  the  whole  of  it,  while  by  parts 
it  has  been  subjected  to  particular  study.     Leaving  it  to  the  Assembly 


24  HISTORICAL    DOCUMENTS. 

to  vindicate  the  selection  of  tlie  workmen  that  was  made,  the  Committee 
itself  trusts  that  it  will  be  approved  as  having  used  due  diligence. 

Having  these  facts  before  it,  the  Assembly  can  judge  whether  a  more 
perfect  work  may  be  achieved  by  a  further  process.  For  ourselves, 
having  experience  of  the  comprehensive  consideration,  the  patient 
scrutiny,  and  deliberate  wisdom  required  in  this  work,  and  supposing 
that  by  our  combined  knowledge,  with  the  use  of  commentaries  and 
theological  works,  we  have  been  confronted  with  the  criticisms  that  it 
may  encounter,  and  that  we  have  paid  due  attention  to  such  different 
views,  as  it  was  our  aim  and  duty  to  do,  we  are  of  the  opinion  that  any 
good  that  might  come  of  submitting  our  work  to  a  wider  scrutiny  and 
judgment,  would  not  justify  the  pains  and  cost  of  the  printing  that 
would  be  necessary,  nor  be  commensurate  with  the  confusion  and  trouble 
that  would  attend  such  a  course. 

We  therefore  conclude  witli  the  following  recommendations  for  adop- 
tion by  this  Assembly: 

1.  That  this  report  be  printed  in  the  "  Minutes  "  of  this  Assembly. 

2.  That,  in  view  of  the  revision  of  the  Confession  of  Faith,  and 
other  circumstances  that  make  it  impossible  to  treat  the  revision  of  the 
proof -texts  as  a  completed  work  at  present,  the  Committee  on  Proof- 
texts  be  continued. 

8.  That  when  this  Committee's  work  is  finally  adopted  by  the  Assem- 
bly, the  Church  shall  provide  for  the  children  a  form  of  the  Catechism 
with  proof -texts  appended. 

Respectfully  submitted, 

Samuel  T,   Lowrie,    Chairman. 

—1891,  pp.  129-134. 

B.  B.  Warfield,  D.D.,  Timothy  G.  Darling,  D.D.,  and  Wallace 
Radcliffe,  D.D. ,  were  appointed  to  fill  the  vacancies  in  the  Committee. 
—1891,  p.  185. 

The  Committee  reported  "  Progress."— 1892,  p.  42;  1893,  p.  206. 

In  1894  the  Committee  presented  its  final  report.  The  resolu- 
tions were  adopted  seriatim,  and  the  report  as  a  whole  was  adopted,  and 
is  as  follows: 

1.  The  Shorter  Catechism  with  proof -texts,  as  ordered  by  the  Assem- 
bly of  1893  (3fimdes,  pp.  206,  207),  was  printed  by  the  Board  of 
Publication  and  Sabbath -school  Work,  and  seven  thousand  copies  of  the 
same  were  by  it  distributed,  about  January  1,  1894,  to  ministers  and 
Sessions,  as  a  sample  of  the  Committee's  whole  work  on  the  proof -texts. 
In  the  same  pamphlet  was  printed  also  a  statement  by  the  Committee  of 
the  methods  used  by  it  in  its  work.  This  pamphlet  will  be  referred  to  in 
the  progress  of  this  Report  as  the  Sample  Pamphlet.  A  copy  of  the 
same  is  also  herewith  submitted  to  the  Assembly. 

2.  Tlie  acti(m  of  the  Assembly  referred  to  invited  criticism  to  be 
received  and  considered  as  the  Assembly  would  direct.  No  dii'ection, 
however,  was  given.  It  was  therefore  arranged  by  those  charged  with 
issuing  the  Sample  Pamphlet  that  criticisms  or  suggestions  should  be 
enclosed  to  the  Rev.  E.  R.  Craven,  D.D. ,  Secretary  of  the  Board  of 
Publication  and  Sabbath -school  Work,  who  would  acknowledge  receipt 
of  the  same  and  transmit  them  to  the  Committee.  A  notice  to  this  effect 
appears  on  page  10  of  tlie  Sample  Pamphlet. 

Three  comnumications  of  tliis  sort  came  to  the  Conuiiittee  in  the  way 


PROOF-TEXTS    TO   THE   STANDARDS.  25 

indicated.  One  was  a  criticism  of  the  fitness  of  a  certain  text  as  used 
for  proof;  another  recommended  a  text  for  a  certain  place;  another 
suggested  eleven  texts  as  desirable  proofs  for  places  it  indicated.  These 
communications  being  few  and  brief,  they  were  submitted  to  the  mem- 
bers of  the  Committee  by  copies  sent  through  the  post-office.  From  the 
replies  thereto  returned  to  the  Chairman  it  appears  that  four  of  tlie 
suggested  texts  were  approved,  aud  the  same  are  adopted  as  part  of 
the  Committee's  rejiort  of  proof -texts  for  the  Shorter  Catechism;  in 
token  of  which  they  are  supplied  at  the  proper  places  in  the  copy  of  the 
Sample  Pamphlet  herewith  submitted,  as  well  as  in  the  Committee's 
official  copy  of  the  Confession  of  Faith,  which  has  been  referred  to  in 
previous  reports  to  the  Assembly  as  representing  the  results  of  the  Com- 
mittee's work. 

3.  In  the  Sample  Pamphlet  an  explanatory  note  on  page  2  states  that 
the  Board  of  Publication  and  Sabbath -school  AVork  is  responsible  for 
editing  the  text  of  the  Shorter  Catechism,  and  the  Chairman  of  "the 
Committee  for  editing  the  proof -texts. 

In  this  connection  there  emerges  a  matter  that  the  Committee  deems 
important.  Agreeably  to  rules  of  editing  adopted  by  the  Board,  the 
text  of  the  Shorter  Catechism  conforms  to  an  American  fashion  of 
spelling.  The  proof -texts  conform  in  spelling  to  the  text  of  a  Cam- 
bridge Bible  used  in  editing  them.  The  confusion  arising  from  this 
appears,  e.g.,  at  Question  57,  "labor"  and  "labour;"  Questions 
63-65,  "  honor"  and  "  honour;"  Questions  69-71  and  75-81,  "  neigh- 
bor" and  "neighbour,"  This  discrepancy  must  appear  in  a  much 
larger  degree  in  editing  the  Confession  of  Faith  and  the  Larger  Cate- 
chism with  proof -texts,  should  that  be  done  in  the  same  way. 

It  is  the  opinion  of  the  Committee  that  uniformity  in  spelling  should 
be  observed  in  the  text  of  these  Standards  and  in  the  proof -texts  attached 
to  them.  But  for  the  proof -texts  it  recommends  that  they  be  printed  to 
conform  precisely,  in  text,  punctuation  and  spelling,  to  the  best  recog- 
nized standard  of  printing  the  English  Bible  in  England,  or  to  the  best 
and  standard  edition  of  the  English  Bible  printed  by  the  American 
Bible  Society.* 

4.  The  Committee  reiterates  the  recommendation  of  the  Report  of 
1891  (see  Assembly's  Minutes,  1891,  pp.  131-134)  concerning  the 
editing  of  the  proof -texts  as  the  same  appears  on  pp.  6  and  7  of  the 
Sample  Pamphlet. 

5.  The  action  of  the  Assembly  of  1893,  that  concluded  the  consider- 
ation of  the  revision  of  the  Confession  of  Faith  that  was  initiated  in 
1889,  leaves  the  situation  the  same  as  that  of  1888,  when  the  Committee 
on  Proof -texts  was  appointed.  Having  now  submitted  a  finished  work, 
and  that  work,  as  represented  in  the  Sample  Pamphlet,  having  in  the 
appointed  way  been  challenged  in  only  one  instance  as  to  the  fitness  of 
the  proof -texts  it  has  prepared,  the  Committee  supposes  that  the  time  has 
come  for  finally  disposing  of  its  work,  and  that  the  Committee  may  be 
discharged. 

Should  the  Assembly  approve  the  work  submitted,  it  may  appear  to 
some  members  that  its  adoption  should  be  referred  to  the  Presbyteries. 
It  seems  expedient,  therefore,  to  call  to  mind  the  process  by  which  the 
proof -texts  that  have  been  used  for  a  century  were  adopted.     A  state- 

*See  Resolution  No.  2,  p.  26. 


26  HISTORICAL    DOCUMENTS. 

ment  of  this,  given  iu  the  report  of  1891  (Minutes,  p.  132),  appears  on 
pp.  7-9  of  the  Sample  Pamphlet.  An  authorized  record  of  it  is  iu 
Moore's  Digest,  (1886)  Book  i,  Chap,  i,  9  a.  b.  c.  These  proof -texts  were 
the  work  of  a  Committee  appointed  by  the  Assembly  of  1792,  which  the 
Assembly  of  1794  approved  and  confided  to  a  Committee  especially 
appointed  for  the  purpose,  which  was  to  prepare  the  same  for  the  press, 
agree  w^ith  the  printer  for  publication,  and  su])erintend  the  printing  and 
vending  of  the  same.  The  second  Committee  was  obviously  the  expe- 
dient of  that  time  for  doing  what  the  Church  has  since  then  created  the 
Board  of  Publication  to  do.  This  was  doing  as  had  been  done  with  the 
original  Westminster  proof -texts,  which  were  reported  by  the  Westmin- 
ster Assembly  to  Parliament  and  adopted  by  the  latter. 

These  precedents  make  it  plain  that  the  adoption  of  the  present  work 
should  take  place  in  the  same  way,  viz.,  by  action  of  the  Assembly  to 
that  effect.  Adopted  in  that  way,  the  proof -texts  will  continue  to  have 
the  same  relation  to  the  text  of  the  Standards  that  such  proof -texts  have 
always  had.  And  this,  it  is  supposed,  was  the  intention  in  undertaking 
the  present  work. 

Understanding  the  matter  so,  your  Committee  cherishes  the  hope  that 
its  work  will  now  be  adof)ted  by  this  Assembly  and  that  the  Committee 
may  be  discharged.  It  has  existed  and  labored  for  six  years;  an  unex- 
pected duration.  In  that  period  God  has  called  to  heaven  two  of  the 
members  appointed  on  this  Committee,  viz.,  Drs.  Crosby  and  Welch.  It 
is  reason  for  wonder  and  gratitude  that  all  but  one  of  those  appointed  in 
1888  still  survive.  The  unexpected  duration  of  this  work  has  provi- 
dentially brought  us  to  the  exact  centennial  of  the  adoption  of  the 
proof -texts  that  have  hitherto  been  printed  with  the  Standards  of  our 
Church.  This  is  a  very  interesting  coincidence,  which  eveiy  one  may 
point  out  in  his  own  way.  The  Assembly  will  say  whether  it  shall  be 
signalized  by  beginning  another  century  with  the  proof -texts  as  revised 
and  amended  by  the  work  of  this  Committee. 

The  Committee  respectfully  offers  for  adoption  the  following  recom- 
mendations: 

1 .  That  the  General  Assembly  adopt  the  proof -texts  for  the  Confession 
of  Faith,  the  Larger  Catechism  and  the  Shorter  Catechism  as  the  same 
have  been  prepared  by  the  Conunittee  on  Proof -texts,  and  authorize  the 
same  to  be  printed  henceforth  instead  of  those  heretofore  authorized  to  be 
printed  with  the  Church's  Standards. 

2.  That  the  General  Assembly  require  the  editing  of  the  said  proof- 
texts  to  conform  precisely  in  text  and  punctuation  to  the  best  and 
standard  edition  of  the  English  Bible,  printed  by  the  American  Bible 
Society,  except  where  the  Board  of  Publication  .^^liall  order  otherwise. 

3.  That  the  General  Assembly  require  the  said  proof-texts  to  be 
printed  Avith  the  text  of  the  Confession  of  Faith  and  of  the  Larger 
Catechism  in  the  way  recommended  by  the  Committee  on  Proof -texts  in 
its  report  to  the  Assembly  of  1891  (see  Minutes,  pp.  131,  132),  and  as 
the  same  is  set  forth,  pp.  6,  7,  of  the  Sample  Pamphlet;  and  with  the 
text  of  the  Shorter  Catechism,  as  they  appear  in  the  Sample  Pamphlet 
that  accompanies  this  report,  subject  to  the  standard  of  printing  the 
Bible  that  the  Assembly  shall  adopt. 

That  this  report  be  spread  on  the  minutes  of  the  General  Assembly. 
5.   That  the  Committee   on    Proof -texts    be  discharged. — 1894,    pp. 
157-160. 


SEPARATIONS   AND   REUNIONS.  27 

V.    SEPARATIONS   AND   REUNIONS. 
/.    1.  Withdrawal  of  the  Synod  of  New  York,  1745. 

[Note. — In  1745  sundry  ministers  and  elders  of  tlie  Presbyteries  of  New  York,  New 
Brunswick  and  New  Castle  withdrew  frt)m  the  Synod  of  Philadelphia,  and  formed 
themselves  into  a  Synod  under  the  name  and  title  of  the  Synod  of  New  York.] 

The  following  articles  were  agreed  upon  as 

THE  PLAN  AND  FOUNDATION  OF  THEIR  SYNODICAL  UNION. 

1.  They  agree  that  the  Westminster  Confession  of  Faith,  with  the 
Larger  and  Shorter  Catechisms,  be  the  public  confession  of  their  faith 
in  such  manner  as  was  agreed  unto  by  the  Synod  of  Philadelphia,  in  the 
year  1729;  and  to  be  inserted  in  the  latter  end  of  this  book.  And  they 
declare  their  approbation  of  the  Directory  of  the  Assembly  of  Divines 
at  Westminster,  as  the  general  plan  of  worship  and  discipline. 

2.  They  agree  that  in  matters  of  discipline,  and  those  things  that 
relate  to  the  peace  and  good  order  of  our  churches,  they  shall  be  deter- 
mined according  to  the  major  vote  of  ministers  and  elders,  with  which 
vote  every  member  shall  actively  concur  or  pacifically  acquiesce;  but  if 
any  member  cannot  in  conscience  agree  to  the  determination  of  the 
majority,  but  supposes  himself  obliged  to  act  contrary  thereunto,  and 
the  Synod  think  themselves  obliged  to  insist  upon  it  as  essentially  neces- 
sary to  the  well-being  of  our  churches,  in  that  case  such  dissenting  mem- 
ber promises  jjeaceably  to  withdraw  from  the  body  without  endeavoring 
to  raise  any  dispute  or  contention  upon  the  debated  point,  or  any  unjust 
alienation  of  affection  from  them. 

3.  If  any  member  of  their  body  supposes  that  he  hath  anything  to 
object  against  any  of  his  brethren  with  respect  to  error  in  doctrine,  immo- 
rality in  life,  or  negligence  in  his  ministry,  he  shall  not,  on  any  account, 
propagate  the  scandal  until  the  person  objected  against  is  dealt  with 
according  to  the  rules  of  the  gospel,  and  the  known  methods  of  their 
discipline. 

4.  They  agree,  that  all  who  have  a  competent  degree  of  ministerial 
knowledge,  are  orthodox  in  their  doctrine,  regular  in  their  lives,  and 
diligent  in  their  endeavors  to  promote  the  important  designs  of  vital 
godliness,  and  that  will  submit  to  their  discipline,  shall  be  cheerfully 
admitted  into  their  communion. 

And  they  do  also  agree,  that  in  order  to  avoid  all  divisive  methods 
among  their  ministers  and  congregations,  and  to  strengthen  the  discipline 
of  Christ  in  the  churches  in  these  parts,  they  will  maintain  a  correspon- 
dence with  the  Synod  of  Philadelphia  in  this  their  first  meeting,  by 
appointing  two  of  their  members  to  meet  with  the  said  Synod  of  Phila- 
delphia at  their  next  convention,  and  to  concert  with  them  such  measures 
as  may  best  promote  the  precious  interests  of  Christ's  kingdom  in  these 
parts. —Records,  1745,  pp.  233,  234. 

[Note. — For  subsequent  actions  of  the  Synod  of  New  York  until  the  Reunion,  in 
1758,  see  Records,  1749,  pp.  238,  239 :  1750,  pp.  240,  241,  243;  1756,  p.  272;  1757,  p.  279, 
and  Baird's  Digest,  pp.  609-613.] 

2.  The  Reunion  of  1758 :  forming  the  Synod  of  New  York  and 
Philadelphia. 

The  two  Synods  of  Philadelphia  and  New  York,  reunited  in  1758, 
May  29,  when  the  following  Plan  of  Union  was  adopted,  viz. : 

The  Synods  of  New  York  and  Philadelphia  taking  into  serious  consid- 


28  HISTORICAL   DOCUMENTS. 

eration  the  present  divided  state  of  the  Presbyterian  Church  in  this  land, 
and  being  deeply  sensible  that  the  division  of  the  Church  tends  to  weaken 
its  interests,  to  dishonor  religion,  and  consequently  its  glorious  Author; 
to  render  government  and  discipline  ineffectual,  and  finally  to  dissolve 
its  very  frame;  and  being  desirous  to  pursue  such  measures  as  may  most 
tend  to  the  glory  of  God  and  the  establishment  and  edification  of  His 
people,  do  judge  it  to  be  our  indispensable  duty  to  study  the  things  that 
make  for  peace,  and  to  endeavor  the  healing  of  that  breach  which  has 
for  some  time  subsisted  amongst  us,  that  so  its  hurtful  consequences  may 
not  extend  to  posterity ;  that  all  occasion  of  reproach  upon  our  society 
may  be  removed,  and  that  we  may  carry  on  the  great  designs  of  religion 
to  better  advantage  than  we  can  do  in  a  divided  state;  and  since  both 
Synods  continue  to  profess  the  same  principles  of  faith,  and  adhere  to 
the  same  form  of  worship,  government  and  discipline,  there  is  the  greater 
reason  to  endeavor  the  compromising  those  difierences  which  were 
agitated  many  years  ago  with  too  great  warmth  and  animosity,  and  unite 
in  one  body. 

For  which  end,  and  that  no  jealousies  or  grounds  of  alienation  may 
remain,  and  also  to  prevent  future  breaches  of  like  nature,  we  agree  to 
unite  and  do  unite  in  one  body,  under  the  name  of  the  Synod  of  New 
York  and  Philadelphia,  on  the  following  plan: 

I.  Both  Synods  having  always  approved  and  received  the  Westminster 
Confession  of  Faith  and  Larger  and  Shorter  Catechisms  as  an  orthodox 
and  excellent  system  of  Christian  doctrine  founded  on  the  word  of  God, 
we  do  still  receive  the  same  as  the  confession  of  our  faith,  and  also 
adhere  to  the  plan  of  worship,  government  and  discipline  contained  in 
the  Westminster  Directory,  strictly  enjoining  it  on  all  our  members  and 
probationers  for  the  ministry,  that  they  preach  and  teach,  according  to 
the  form  of  sound  words  in  said  Confession  and  Catechisms,  and  avoid 
and  oppose  all  errors  contrary  thereto. 

II.  That  when  any  matter  is  determined  by  a  major  vote,  every  member 
shall  either  actively  concur  with  or  passively  submit  to  such  determina- 
tion; or  if  his  conscience  permit  him  to  do  neither,  he  shall,  after 
sufiicient  liberty  modestly  to  reason  and  remonstrate,  peaceably  withdraw 
from  our  communion  without  attempting  to  make  any  schism.  Provided 
always  that  this  shall  be  understood  to  extend  only  to  such  determina- 
tion as  the  body  shall  judge  indispensable  in  doctrine  or  Presbyterian 
government. 

III.  That  any  member  or  members,  for  the  exoneration  of  his  or  their 
conscience  before  God,  have  a  right  to  protest  against  any  act  or  proce- 
dure of  our  highest  judicature,  because  there  is  no  further  appeal  to 
another  for  redress;  and  to  require  that  such  protestation  be  recorded  in 
their  minutes.  And  as  such  a  protest  is  a  solemn  appeal  from  the  bar  of 
said  judicature,  no  member  is  liable  to  prosecution  on  the  account  of  his 
protesting.  Provided  always  that  it  shall  be  deemed  irregular  and 
unlawful  to  enter  a  protestation  against  any  member  or  membei-s,  or  to 
protest  facts  or  accusations  instead  of  proving  them,  unless  a  fair  trial  be 
refused,  even  by  the  highest  judicature.  And  it  is  agreed,  that  protesta- 
tions are  only  to  be  entered  against  the  public  acts,  judgments  or 
determinations  of  the  judicature  with  which  the  protester's  conscience  is 
offended. 

IV.  As  the  protestation  entered  in  the  Synod  of  Philadelphia,  Ann. 
Dom.  1741,  has  been  apprehended  to  have  been  approved  and  received 


SEPARATIONS   AND   REUNIONS.  29 

by  an  act  of  said  Synod,  and  on  that  account  was  judged  a  sufficient 
obstacle  to  an  union;  the  said  Synod  declare  that  they  never  judicially 
adopted  the  said  protestation,  nor  do  account  it  a  Sy nodical  act,  but 
that  it  is  to  be  considered  as  the  act  of  those  only  who  subscribed  it;  and 
therefore  cannot  in  its  nature  be  a  valid  objection  to  the  union  of  the 
two  Synods,  especially  considering  that  a  very  great  majority  of  both 
Synods  have  become  members  since  the  said  pi'otestation  was  entered. 

V.  That  it  shall  be  esteemed  and  treated  as  a  censurable  evil,  to 
accuse  any  member  of  heterodoxy,  insufficiency  or  immorality  in  a 
calumniating  manner,  or  otherwise  than  by  private  brotherly  admonition, 
or  by  a  regular  process  according  to  our  known  rules  of  judicial  trial  in 
cases  of  scandal.  And  it  shall  be  considered  in  the  same  view  if  any 
Presbytery  appoint  supplies  within  the  bounds  of  another  Presbytery 
without  their  concurrence ;  or  if  any  member  officiate  in  another's  con- 
gregation without  asking  and  obtaining  his  consent,  or  the  session's  in 
case  the  minister  be  absent ;  yet  it  shall  be  esteemed  unbrotherly  for  any 
one,  in  ordinary  circumstances,  to  refuse  his  consent  to  a  I'egular  member 
when  it  is  requested. 

VI.  That  no  Presbytery  shall  license  or  ordain  to  the  work  of  the  min- 
istry, any  candidate,  until  he  give  them  competent  satisfaction  as  to  his 
learning,  and  experimental  acquaintance  with  religion,  and  skill  in 
divinity  and  cases  of  conscience;  and  declare  his  acceptance  of  the 
Westminster  Confession  and  Catechisms  as  the  confession  of  his  faith, 
and  promise  subjection  to  the  Presbyterian  plan  of  government  in  the 
Westminster  Directory. 

VII.  The  Synods  declare  it  is  their  earnest  desire  that  a  complete 
union  may  be  obtained  as  soon  as  possible,  and  agree  that  the  united 
Synod  shall  model  the  several  Presbyteries  in  such  manner  as  shall 
appear  *to  them  most  expedient.  Provided,  nevertheless,  that  Presby- 
teries, where  an  alteration  does  not  appear  to  be  for  edification,  continue 
in  their  present  form.  As  to  divided  congregations,  it  is  agreed  tliat 
such  as  have  settled  ministers  on  both  sides  be  allowed  to  continue  as 
they  are;  that  where  those  of  one  side  have  a  settled  minister,  the  other 
being  vacant,  may  join  with  the  settled  minister,  if  a  majority  choose  so 
to  do;  that  when  both  sides  are  vacant  they  shall  be  at  liberty  to  unite 
together. 

VIII.  As  the  late  religious  appearances  occasioned  much  speculation 
and  debate,  the  members  of  the  New  York  Synod,  in  order  to  prevent 
any  misapprehensions,  declare  their  adherence  to  their  former  sentiments 
in  favor  of  them,  that  a  blessed  work  of  God's  Holy  Spirit  in  the  con- 
version of  numbers  was  then  carried  on ;  and  for  the  satisfaction  of  all 
concerned,  this  united  Synod  agree  in  declaring  that  as  all  mankind  are 
naturally  dead  in  trespasses  and  sins,  an  entire  change  of  heart  and  life 
is  necessary  to  make  them  meet  for  the  service  and  enjoyment  of  God ; 
that  such  a  change  can  be  only  effected  by  the  powerful  operations  of 
the  Divine  Spirit;  that  when  sinners  are  made  sensible  of  their  lost 
condition  and  absolute  inability  to  recover  themselves,  are  enlightened  in 
the  knowledge  of  Christ  and  convinced  of  his  ability  and  willingness  to 
save,  and  upon  gospel  encouragements  do  choose  him  for  their  Saviour, 
and  renouncing  their  own  righteousness  in  point  of  merit,  depend  upon 
his  imputed  righteousness  for  their  justification  before  God,  and  on  his 
wisdom  and  strength  for  guidance  and  support;  when  upon  these  appre- 
hensions and  exercises  their  souls  are  comforted,  notwithstanding  all  their 


30  HISTORICAL    DOCUMENTS. 

past  guilt,  and  rejoice  in  God  through  Jesus  Christ;  when  they  hate  and 
bewail  their  sins  of  heart  and  life,  delight  in  the  laws  of  God  without 
exception,  reverentially  and  diligently  attend  his  ordinances,  become 
humble  and  self-denied,  and  make  it  the  business  of  their  lives  to  please 
and  glorify  God  and  to  do  good  to  their  fellow-men — this  is  to  be 
acknowledged  as  a  gracious  work  of  God,  even  though  it  should  be 
attended  with  unusual  bodily  commotions  or  some  more  exceptionable 
circumstances,  by  means  of  infirmity,  temptations  or  remaining  corrup- 
tions; and  wherever  religious  appearances  are  attended  with  the  good 
effects  above  mentioned,  we  desire  to  rejoice  in  and  thank  God  for  them. 
But,  on  the  other  hand,  when  persons  seeming  to  be  under  a  religious 
concern,  imagine  that  they  have  visions  of  the  human  nature  of  Jesus 
Christ,  or  hear  voices,  or  see  external  lights,  or  have  fainting  and  con- 
vulsion-like fits,  and  on  the  account  of  these  judge  themselves  to  be  truly 
converted;  though  they  have  not  the  Scriptural  characters  of  a  work  of 
God  above  described,  we  believe  such  persons  are  under  a  dangerous 
delusion;  and  we  testify  our  utter  disapprobation  of  sUch  a  delusion, 
wherever  it  attends  any  religious  appearances,  in  any  Chuixh  or  time. 

Now  as  both  Synods  are  agreed  in  their  sentiments  concerning  the 
nature  of  a  work  of  grace,  and  declare  their  desire  and  purpose  to  promote 
it,  different  judgments  respecting  particular  matters  of  fact  ought  not  to 
prevent  their  union;  especially  as  many  of  the  present  members  have  en- 
tered into  the  ministry  since  the  time  of  the  aforesaid  religious  apjDearances. 

Upon  the  whole,  as  the  design  of  our  union  is  the  advancement  of  the 
Mediator's  kingdom,  and  as  the  wise  and  faithful  discharge  of  the 
ministerial  function  is  the  principal  appointed  means  for  that  glorious  end, 
we  judge  that  this  is  a  proper  occasion  to  manifest  our  sincere  intention 
unitedly  to  exert  ourselves  to  fulfill  the  ministry  we  have  received  of  the 
Lord  Jesus.  Accordingly,  we  unanimously  declare  our  serious  aixl  fixed 
resolution,  by  divine  aid,  to  take  heed  to  ourselves  that  our  hearts  be 
upright,  our  discourse  edifying,  and  our  lives  exemplary  for  purity  and 
godliness;  to  take  heed  to  our  doctrine,  that  it  be  not  only  orthodox,  but 
evangelical  and  spiritual,  tending  to  awaken  the  secure  to  a  suitable  con- 
cern for  their  salvation,  and  to  instruct  and  encourage  sincere  Christians, 
thus  commending  ourselves  to  every  man's  conscience  in  the  sight  of 
God;  to  cultivate  peace  and  harmony  among  ourselves,  and  strengthen 
each  other's  hands  in  promoting  the  knowledge  of  divine  truth,  and 
diffusing  the  savor  of  piety  among  our  people. 

Finally,  we  earnestly  recommend  it  to  all  under  our  care,  that  instead 
of  indulging  a  contentious  disposition,  they  would  love  each  other  with 
a  pure  heart  fervently,  as  brethren  who  profess  subjection  to  the  same 
Lord,  adhere  to  the  same  faith,  worship  and  government,  and  entertain 
the  same  hope  of  glory.  And  we  desire  that  they  would  improve  the 
present  union  for  their  mutual  edification,  combine  to  strengthen  the  com- 
mon interests  of  religion,  and  go  hand  in  hand  in  the  path  of  life;  which 
we  pray  the  God  of  all  grace  would  please  to  effect,  for  Christ's  sake. 
Amen. 

The  Synod  agree,  that  all  former  differences  and  disputes  are  laid 
aside  and  buried;  and  that  no  future  inquiry  or  vote  shall  be  proposed  in 
this  Synod  concerning  these  things;  but  if  any  member  seek  a  S^^nodical 
inquiry  or  declaration  about  any  of  the  matters  of  our  past  differences, 
it  shall  be  deemed  a  censurable  breach  of  this  agreement,  and  be  refused, 
and  he  be  rebuked  accordingly. — 1758,  pp.  285,  288. 


SEPARATIONS    AND    REUNIONS.  31 

II.    THE  SEPARATION  OF  1837. 
1.  The  excluding  act  of  1837. 

[See  Baird's  Digest,  rev.  ed.,  pp.  715-770;  and  Mhmtes,  1837,  pp.  419-488. 

The  plan  of  Union  of  1801,  with  the  Congregational  Churches,  was  abrogated  — 
1837,  pp.  420-422. 

By  the  operation  of  the  abrogation  of  the  Plan  of  Union  of  1801,  the  Sj'nod  of  the 
Western  Reserve  was  declared  to  be  no  longer  a  part  of  the  Presbyterian  Church  in 
the  United  States  of  America.— 1837,  p.  440. 

The  Synods  of  Utica,  Geneva  and  Genesee,  which  were  formed  and  attached  to 
this  body  under  and  in  execution  of  said  "  Plan  of  Union,"  were  declared  to  be  out  of 
the  ecclesiastical  connection  of  the  Presbyterian  Church  in  the  United  States  of 
America,  and  not  in  form  or  in  fact  an  integral  portion  of  said  Church. — 1837,  p.  444.] 

2.  The  Division  of  the  Church. 

Two  General  Assemblies  organized. 

[See  Baird's  Diqest,  rev.  ed.,  pp.  770-784 ;  and  Minutes,  1838,  pp.  3,  7,  19,  0.  S. 
Also  Minutes,  1838,  pp.  635-645,  N.  S. 

Thenceforth  until  1869  the  two  Assemblies  met  as  independent  bodies. 
For  the  relations  of  the  two  Assemblies  prior  to  reunion  see  Digest,  1886,  pp.  57  58  • 
and  Minutes,  1849,  pp.  174,  175  ;  1850,  p.  306,  N.  S.  ;  1850,  p.  467,  0."S.] 

///.    THE  REUNION  OF  1869. 
1.  Initiation  of  correspondence  between  the  Assemblies. 

a.  In  the  General  Assembly  of  the  Presbyterian  Church  in  the  United 
States  of  America,  in  session  at  Columbus^  Ohio,  the  matter  of  a  frater- 
nal correspondence  by  commissioners,  with  the  General  Assembly  of  tlie 
Presbyterian  Church  (New  School),  in  session  at  Cincinnati,  Ohio,  being 
duly  considered,  is  decided  as  follows: 

This  Assembly,  having  considered  certain  overtures  sent  to  it  by  a  few 
of  the  Presbyteries  under  its  care,  proposing  that  steps  should  be  taken 
by  it  towards  an  organic  union  between  this  Church  and  the  Church 
under  the  care  of  the  Presbyterian  General  Assembly  (New  School) ;  and 
having  determined  against  the  course  proposed  in  said  overtures,  has  also 
been  informed  that  the  other  General  Assembly  has,  about  the  same  time, 
come  to  a  similar  conclusion  on  similar  overtures  laid  before  it  by  a 
certain  number  of  its  own  Presbyteries.  Of  its  own  motion,  this  General 
Assembly,  considering  the  time  to  have  come  for  it  to  take  the  initiative 
in  securing  a  better  understanding  of  the  relations  which  it  judges  are 
proper  to  be  maintained  between  the  two  General  Assemblies,  hereby 
proposes  that  there  shall  be  a  stated,  annual,  and  friendly  interchange  of 
Commissioners  between  the  two  General  Assemblies;  each  body  sending 
to  the  other  one  minister  and  one  ruling  elder,  as  Commissioners,  year 
by  year;  the  said  Commissioners  to  enjoy  such  privileges,  in  each  body 
to  which  they  are  sent,  as  are  common  to  all  those  now  received  by  this 
body  from  other  Christian  denominations. 

The  Moderator  of  this  Assembly  Avill  communicate  this  Deliverance  to 
the  Moderator  of  the  other  Assembly,  to  be  laid  before  it  with  our 
Christian  salutations.— 1862,  pp.  633,  634,  O.  S. 

[This  action  was  communicated  to  the  Assembly,  N.  S. ,  of  1863, 
w'hose  response  was  as  follows.] 

b.  The  Committee,  to  whom  was  referred  the  communication  from 
the  General  Assembly  of  the  Presbyterian  Church  in  the  United  States 
of  America,  that  met  at  Columbus,  Ohio,  in  May,  1862,  addressed  to 
this  General  Assembly,  and  proposing  "  a  stated,  annual,  and  friendly 
interchange  of  Commissioners  between  the  two  General  Assemblies," 
recommend  the  adoption  of  the  following  resolutions: 


32  HISTORICAL    DOCUMENTS, 

Resolved,  1.  That  this  Assembly,  with  heartfelt  pleasure  and  Christian 
salutations,  accept  the  proposition  thus  made,  hoping  and  praying,  that 
it  may  result  "  in  securing  a  better  understanding  of  the  relations," 
which,  in  the  judgment  of  this  Assembly,  "  are  proper  to  be  maintained 
between  the  two  Assemblies. ' ' 

2.  That,  in  accordance  with  the  suggestion  of  the  Moderator  of  the 
Assembly  tlnxt  met  at  Columbus,  Ohio,  in  May,  1862,  that  this  inter- 
change of  Commissioners  should  commence  at  the  earliest  practicable 
period,  the  Rev.  Robert  W.  Patterson,  D.D. ,  and  the  Hon.  William  H. 
Brown,  Principals,  and  the  Rev.  Arthur  Swazey  and  Mr.  Oliver  H.  Lee, 
Alternates,  all  of  the  Presbytery  of  Chicago,  be  appointed  Commissioners, 
to  represent  this  General  Assembly  in  the  General  Assembly  now  in 
session  at  Peoria,  111. 

3.  That  it  be  suggested  that  future  General  Assemblies  of  the  two 
branches  of  the  Presbyterian  Church  in  the  United  States  hereafter 
designate  each  other  respectively  by  the  places  in  which  their  sessions  are 
appointed  to  be  held. 

4.  That  a  certified  copy  of  this  action  be  at  once  transmitted  to  the 
Moderator  of  the  General  Assembly  now  in  session  at  Peoria,  111.,  and 
that  the  Commissioners  appointed  be  requested  to  repair  to  that  body, 
and  express  to  them  the  fraternal  and  Christian  regards  of  this  General 
Assembly.— 1863,  p.  230,  N.  S. 

2.  Action  of  the  Assemblies  looking  to  reunion— Committee  appointed, 
a.    Overture  of  the  Old  School  Assembly. 

The  Committee  of  Bills  and  Overtures  report  Overture  No.  10,  on 
the  subject  of  the  reunion  of  the  two  branches  of  the  Presbyterian 
Church,  from  the  Pi-esbyteries  of  Leavenworth,  Muncie,  New  Lisbon, 
Madison,  Erie  and  Oxford.  These  Presbyteries  ask  the  Assembly  to 
take  measures  at  this  Session  to  secure,  at  an  early  day,  the  organic 
union  of  the  two  bodies  whose  General  Assemblies  are  now  in  session  in 
this  city. 

The  Committee  recommend  the  adoption  of  the    following  resolutions: 

Resolved,  1 .  That  this  Assembly  expresses  its  fraternal  affection  for 
the  other  branch  of  the  Presbyterian  Church,  and  its  earnest  desire  for 
reunion  at  the  earliest  time  consistent  with  agreement  in  doctrine,  order 
and  polity,  on  the  basis  of  our  common  Standards,  and  the  prevalence  of 
mutual  confidence  and  love  which  are  necessary  to  a  happy  union,  and 
to  the  permanent  peace  and  prosperity  of  the  united  Church. 

Resolved,  2.  That  it  be  recommended  to  all  our  churches  and  church 
courts,  and  to  all  our  ministers,  ruling  elders,  and  communicants,  to 
cherish  fraternal  feelings,  to  cultivate  Christian  intercourse,  in  the  wor- 
ship of  God  and  in  the  promotion  of  the  cause  of  Christ,  and  to  avoid 
all  needless  controversies  and  competitions  adapted  to  perpetuate  division 
and  strife. 

Resolved,  3.  That  a  Committee  of  nine  ministers  and  six  ruling  elders 
be  appointed,  provided  that  a  similar  Committee  shall  be  appointed  by 
the  other  Assembly  now  in  session  in  this  city,  for  the  purpose  of  con- 
ferring in  regard  to  the  desirableness  and  practicability  of  reunion,  and 
if,  after  conference  and  inquiry,  such  reunion  shall  seem  to  be  desirable 
and  practicable,  to  suggest  suitable  measures  for  its  accomplishment, 
and  report  to  the  next  General  Assembly. — 1866,  p,  44,  0.  S. 


SEPARATIONS   AND    REUNIONS.  33 

b.  Response  of  the  N.  S.  Assembly. 

The  Committee  on  the  Polity  of  the  Church  reported  on  several  over- 
tures relating  to  Reunion  with  the  Other  Branch  of  the  Presbyterian 
Church.     The  report  was  unanimously  adopted,  and  is  as  follows: 

The  Committee  on  the  Polity  of  the  Church  report  overtures,  num- 
bered 5  to  16,  on  the  subject  of  the  Reunion  of  the  two  branches  of  the 
Presbyterian  Church:  from  the  Presbyteries  of  New  York,  3d,  and  New 
York,  4th,  Newark,  Dubuque,  Greencastle,  Alton,  Steuben,  Athens, 
Monroe,  Keokuk,  Long  Island,  Trumbull  and  San  Jose.  All  these 
Presbyteries,  with  different  degrees  of  urgency,  recommend  to  this 
Assembly  to  initiate,  or  to  respond  to,  proposals  looking  to  an  entire 
Reunion  of  the  churches  represented  by  the  two  General  Assemblies 
now  in  session  in  the  city  of  St.  Louis. 

Tlie  General  Assembly  now  in  session  at  the  Second  Presbyterian 
Church  of  this  city  has  also  adopted  resolutions  appointing  a  Committee 
to  confer  with  a  similar  Committee  of  our  own  Church  in  regard  to  the 
desirableness  and  practicability  of  such  Reunion. 

Your  Committee  recommend  to  this  Assembly  the  adoption  of  the 
following  resolutions : 

Resolved,  That  this  Assembly  tender  to  the  Assembly  representing 
the  Other  Branch  of  the  Presbyterian  Church,  its  cordial  Christian 
salutations  and  fellowship,  and  the  expression  of  its  earnest  wish  for 
Reunion,  on  the  basis  of  our  common  Standards,  received  in  a  common 
spirit. 

Resolved,  That  a  Committee  of  fifteen,  nine  of  whom  shall  be  minis- 
ters of  the  Gospel,  and  six  ruling  elders,  be  appointed  to  confer  on  this 
subject,  in  the  recess  of  the  Assemblies,  with  the  Committee  to  be 
appointed  by  the  other  General  Assembly,  and  to  report  the  results  to 
the  next  General  Assembly. 

Resolved,  That  we  enjoin  upon  this  Committee,  and  upon  all  our 
ministers  and  church  members  to  abstain  from  whatever  may  hinder  a 
true  Christian  fellowship,  and  to  cherish  and  cultivate  those  feelings  and 
purposes  which  look  to  the  peace  and  prosperity  of  Zion,  the  edifying 
of  the  body  of  Christ,  and  the  complete  union  of  all  believers,  especially 
of  those  who  live  in  the  same  land,  and  have  the  same  history,  and  the 
same  Standards  of  Doctrine  and  Polity. 

Resolved,  That  a  copy  of  these  resolutions,  with  the  names  of  our 
Committee,  be  sent  to  the  other  General  Assembly  now  in  session  in  this 
city.— 1866,  pp.  273,  274,  N.  S. 

C.   Committees  on  Reunion,   1866. 

1.    Old  School. 

Ministers— J.  M.  Krebs,  D.D.,  of  the  Synod  of  New  York,  C.  C. 
Beatty,  D.D.,  of  the  Synod  of  Wheeling,  J.  T.  Backus,  D.D.,  of  the 
Synod  of  Albany,  P.  D.  Gurley,  D.D.,  of  the  Synod  of  Baltimore,  J. 
G.  Monfort,  D.D.,  of  the  Synod  of  Cincinnati,  W.  D.  Howard,  D.D., 
of  the  Synod  of  Pittsburg,  W.  E.  Schenck,  D.D.,  of  the  Synod  of 
Philadelphia,  Villeroy  D.  Reed,  D.D.,  of  the  Synod  of  New  Jersey, 
F.  T.  Brown,  D.D.,  of  the  Synod  of  Chicago.  Ruling  Elders — James 
M.  Ray,  of  the  Synod  of  Northern  Indiana,  Robert  McKnight,  of  the 
Synod  of  Allegheny,  Samuel  Galloway,  of  the  Synod  of  Ohio,  H.  K. 
Clarke,  of  the  Synod  of  Sandusky,  George  P.  Strong,  of  the  Synod  of 
Missouri,  Ormond  Beatty,  of  the  Synod  of  Kentucky. — 1866,  p.  48,  O.  S. 
3 


34  HISTORICAL    DOCUMENTS. 

2.   Neiv  School. 

Ministers — Thomas  Brainerd,  D.D. ,  Chairman;  William  Adams, 
D.D.,  Edwin  F.  Hatfield.  D.D..  Jonathan  F.  Steams,  D.D.,  Philemon 
H.  Fowler,  D. D. ,  James  B.  Shaw,  D.D. ,  Henry  L.  Hitchcock,  D.D., 
Robert  W.  Patterson,  D.D.,  and  Henry  A.  Nelson,  D.D.,  with  Ruling 
Elders — Joseph  Allison,  LL.D. ,  Henry  W.  Williams,  LL.D.,  and 
Messrs.  Truman  P.  Handy,  Edward  A.  Lambert,  Robert  W.  Steele  and 
William  H.  Brown.— 1866,  p.  278,  N.  S. 

[The  joint  Committees  thus  constituted  reported  to  the  Assemblies  of 
1867.] 

3.  Terms  of  Reunion  of  the  Assemblies  of  1867  and  1868. 

[The  terms  of  reunion  proposed  by  the  Joint  Committee  on  Reunion 
appointed  in  1866,  and  continued  by  the  Assemblies  of  1867  and  1868, 
were  sent  down  to  the  Presbyteries  by  both  the  Old  and  the  New  School 
Assemblies.  Of  the  Old  School  Presbyteries,  only  110  sent  up  answers, 
and  these  indicated  "  an  unsettled  and  fluctuating  judgment,  probably 
without  a  parallel  in  the  history  of  our  Church."  Of  the  New  School 
Presbyteries,  100  were  in  the  affirmative,  and  4  in  the  negative.] 

[Note. — See  for  the  entire  history  of  this  subject,  with  the  protest  in  the  Old  School 
Assembly  1869,  of  Dr.  E.  P.  Humphrey  and  others,  and  the  answer  to  the  protest,  by 
Dr.  W.  G.  T.  Shedd  and  others— Digest  of  1886,  pp.  70-90.) 

4.  General  Assemblies  of  1869  at  New  York. 

A  new  Joint  Committee  appointed. 

a.  [On  the  first  day  of  the  session.] 

On  motion  of  Dr.  Musgrave,  the  following  was  unanimously  adopted: 
Resolved,  That  a  Committee  of  Conference,  consisting  of  five  minis- 
ters and  five  ruling  elders,  be  appointed  to  confer  with  a  similar  Com- 
mittee, if  appointed  by  the  other  General  Assembly  now  in  session  in 
this  city,  on  the  subject  of  the  Reunion  of  the  two  branches  of  the 
Presbyterian  Church;  to  report  during  the  present  sessions,  and  at  as 
early  a  day  as  practicable,  wdiat  further  action,  if  any,  should  be  taken 
on  the  subject. 

The  Moderator  appointed  as  said  Committee:  Ministers — George  W. 
Musgrave,  D.D.,  A.  G.  Hall,  D.D.,  L.  H.  Atwater,  D.D.,  Willis 
Lord,  D.D.,  and  Henry  R.  Wilson,  D.D.  Ruling  Elders — Robert 
Carter,  J.  C.  Grier,  Charles  D.  Drake,  Henry  Day  and  William  M. 
Franci-s.— 1869,  p.  890,  O.  S. 

b.  Re.'iolved,  That  a  Committee  of  five  ministers  and  five  elders  be 
appointed  to-morrow  morning  by  the  Moderator,  to  confer  with  any  like 
Committee  of  the  Assembly  of  the  Other  Branch,  on  the  subject  of 
Reunion. 

Ministers — William  Adams,  D.D.,  Robert  W.  Patterson,  D.D., 
Samuel  W.  Fisher,  D.D.,  LL.D.,  Jonathan  F.  Stearns,  D.D.,  James 
B.  Shaw,  D.D.  Ruling  Elders — Hon.  William  Strong,  Hon.  Daniel 
Haines,  Hon.  William  E.  Dodge,  Hon.  Jacob  S.  Farrand,  Hon.  John 
L.  Knight.— 1869,  pp.  252,  257,  N.  S. 

5.  The  Report  of  the  Joint  Committee  presented  in  both  Assemblies,  1869. 
The  Committee  of  Conference  appointed  by  the  two  General  Assem- 
blies has  attended  to  the  duty  assigned  to  it;  and   after  a  very  free 
interchange  of  views,  with  prayer  to  Almighty  God  for  His  guidance,  is 


SEPARATIONS    AND    REUNIONS.  85 

unanimous  in  recommending  to  the  Assemblies  for  their  consideration, 
and,  if  they  see  fit,  their  adoption,  the  accompanying  three  papers,  to  wit: 

1.  Plan  of  Reunion  of  the  Presbyterian  Church  in  the  United  States 
of  America; 

2.  Concurrent  Declarations  of  the  General  Assemblies  of  1869;  and 

3.  Recommendation  of  a  Day  of  Prayer. 

I.  Plan  of  Reunion  of  the  Presbyterian  Church  in  the 
United  States  of  America. 

Believing  that  the  interests  of  the  Redeemer's  kingdom  would  be 
promoted  by  the  healing  of  our  divisions,  and  that  the  two  bodies  bear- 
ing the  same  name,  having  the  same  Constitution,  and  each  recognizing 
the  other  as  a  sound  and  orthodox  body  according  to  the  principles  of 
the  Confession  common  to  both,  cannot  be  justified  by  any  but  the  most 
imperative  reasons  in  maintaining  separate  and,  in  some  respects,  rival 
organizations;  we  are  now  clearly  of  the  opinion  that  the  reunion  of 
those  bodies  ought,  as  soon  as  the  necessary  steps  can  be  taken,  to  be 
accomplished,  upon  the  basis  hereinafter  set  forth: 

1.  The  Presbyterian  Churches  in  the  United  States  o£  America,  name- 
ly, that  whose  General  Assembly  convened  in  the  Brick  Church  in  the 
city  of  New  York,  on  the  20th  day  of  May,  1869,  and  that  whose 
General  Assembly  met  in  the  Church  of  the  Covenant  in  the  said  city, 
on  the  same  day,  shall  be  reunited  as  one  Church,  under  the  name  and 
style  of  the  Presbyterian  Church  in  the  United  States  of  America,  pos- 
sessing all  the  legal  and  corporate  rights  and  powers  pertaining  to  the 
Church  previous  to  the  division  in  1838,  and  all  the  legal  and  corporate 
rights  and  powers  which  the  separate  Churches  now  possess. 

2.  The  Reunion  shall  be  effected  on  the  doctrinal  and  ecclesiastical 
basis  of  our  common  Standards;  the  Scriptures  of  the  Old  and  New 
Testaments  shall  be  acknowledged  to  be  the  inspired  Word  of  God,  and 
the  only  infallible  rule  of  faith  and  practice;  the  Confession  of  Faith 
shall  continue  to  be  sincerely  received  and  adopted  as  containing  the 
system  of  doctrine  taught  in  the  Holy  Scriptures;  and  the  Government 
and  Discipline  of  the  Presbyterian  Church  in  the  United  States  shall  be 
approved  as  containing  the  principles  and  rules  of  our  polity. 

3.  Each  of  the  said  Assemblies  shall  submit  the  foregoing  basis  to  its 
Presbyteries,  which  shall  be  required  to  meet  on  or  before  the  15th  day 
of  October,  1869,  to  express  their  approval  or  disapproval  of  the  same, 
by  a  categorical  answer  to  the  following  question : 

Do  you  approve  of  the  reunion  of  the  two  bodies  now  claiming  the 
name  and  rights  of  the  Presbyterian  Church  in  the  United  States  of 
America,  on  the  following  basis,  namely :  ' '  The  reunion  shall  be  effected 
on  the  doctrinal  and  ecclesiastical  basis  of  our  common  Standards;  the 
Scriptures  of  the  Old  and  New  Testaments  shall  be  acknowledged  to  be 
the  inspired  Word  of  God,  and  the  only  infallible  rule  of  faith  and  prac- 
tice; the  Confession  of  Faith  shall  continue  to  be  sincerely  received  and 
adopted  as  containing  the  system  of  doctrine  taught  in  the  Holy  Scrip- 
tures; and  the  Government  and  Discipline  of  the  Presbyterian  Church 
in  the  United  States  shall  be  approved  as  containing  the  principles  and 
rules  of  our  polity  ?" 

Each  Presbytery  shall,  before  the  1st  day  of  November,  1869, 
forward  to  the  Stated  Clerk  of  the  General  Assembly  with  which  it  is 
connected,  a  statement  of  its  vote  on  the  said  Basis  of  Reunion. 


36  HISTORICAL    DOCUMENTS. 

4.  The  said  General  Assemblies  now  sitting  shall,  after  finishing  their 
business,  adjourn,  to  meet  in  the  city  of  Pittsburg,  Pennsylvania,  on  the 
second  Wednesday  of  November,  1869,  at  eleven  o'clock  A.M. 

If  the  two  General  Assemblies  shall  then  find  and  declare  that  the 
above-named  Basis  of  Reunion  has  been  approved  by  two-thirds  of  the 
Presbyteries  connected  with  each  branch  of  the  Church,  then  the  same 
shall  be  of  binding  force,  and  the  two  Assemblies  shall  take  action 
accordingly. 

5.  The  said  General  Assemblies  shall  then  and  there  make  provision 
for  the  meeting  of  the  General  Assembly  of  the  United  Church  on  the 
third  Thursday  of  May,  1870.  The  Moderators  of  the  two  present 
Assemblies  shall  jointly  preside  at  the  said  Assembly  of  1870  until 
another  Moderator  is  chosen.  The  Moderator  of  the  Assembly  now 
sitting  at  the  Brick  Church  aforesaid,  shall,  if  present,  put  all  votes, 
and  decide  questions  of  order;  and  the  Moderator  of  the  other  Assembly 
shall,  if  jDresent,  preach  the  opening  sermon;  and  the  Stated  Clerks  of 
the  present  Assemblies  shall  act  as  Stated  Clerks  of  the  Assembly  of 
the  united  Church  until  a  Stated  Clerk  or  Clerks  shall  have  been  chosen 
thereby ;  and  no  Commissioner  shall  have  a  right  to  vote  or  deliberate  in 
said  Assembly  until  his  name  shall  have  been  enrolled  by  the  said 
Clerks,  and  his  commission  examined  and  filed  among  the  papers  of  the 
Assembly. 

6.  Each  Presbytery  of  the  separate  Churches  shall  be  entitled  to  the 
same  representation  in  the  Assembly  of  the  united  Church  in  1870  as  it 
is  entitled  to  in  the  Assembly  Avith  which  it  is  now  connected. 

II.    Concurrent  Declarations  of  the  General  Assemblies 

OP  1869. 

As  there  are  matters  pertaining  to  the  interests  of  the  Church  when  it 
shall  have  become  reunited,  which  will  manifestly  require  adjustment  on 
the  coming  together  of  two  bodies  which  have  so  long  acted  separately, 
and  concerning  some  of  which  matters  it  is  highly  desirable  that  there 
should  be  a  previous  good  understanding,  the  two  Assemblies  agree  to 
adopt  the  following  declarations,  not  as  articles  of  compact  or  covenant, 
but  as  in  their  judgment  proper  and  equitable  arrangements,  to  wit: 

1.  All  the  ministers  and  churches  embraced  in  the  two  bodies  should 
be  admitted  to  the  same  standing  in  the  united  body,  which  they  may 
have  held  in  their  respective  connections,  up  to  the  consummation  of  the 
union. 

2.  Imperfectly  organized  churches  are  counseled  and  expected  to 
become  thoroughly  Presbyterian,  as  early  within  the  period  of  five  years 
as  may  be  permitted  by  the  highest  interests  to  be  consulted;  and  no 
other  such  churches  shall  be  hereafter  received. 

3.  The  boundaries  of  the  several  Presbyteries  and  Synods  should  be 
adjusted  by  the  General  Assembly  of  the  united  ChurcR. 

4.  The  official  records  of  the  two  branches  of  the  Church,  for  the 
period  of  separation,  should  be  preserved  and  held  as  making  up  the 
one  history  of  the  Church;  and  no  rule  or  precedent,  which  does  not 
stand  approved  by  both  the  bodies,  should  be  of  any  authority,  until 
reestablished  in  the  united  body,  except  in  so  far  as  such  rule  or  prece- 
dent may  affect  the  rights  of  property  founded  thereon. 

5.  The  corporate  rights,  now  held  by  the  two  General  Assemblies, 


SEPARATIONS   AND    REUNIONS.  37 

and  by  their  Boards  and  Committees,  should,  as  far  as  practicable,  be 
consolidated,  and  applied  for  their  several  objects,  as  defined  by  law. 

6.  There  should  be  one  set  of  Committees  or  Boards  for  Home  and 
Foreign  Missions,  and  the  other  religious  enterprises  of  the  Church; 
which  the  churches  should  be  encouraged  to  sustain,  though  free  to  cast 
their  contributions  into  other  channels,  if  they  desire  to  do  so. 

7.  As  soon  as  practicable  after  the  union  shall  have  been  effected,  the 
General  Assembly  should  reconstruct  and  consolidate  the  several  Perma- 
nent Committees  and  Boards,  which  now  belong  to  the  two  Assemblies, 
so  as  to  represent,  as  far  as  possible,  with  impartiality,  the  views  and 
wishes  of  the  two  bodies  constituting  the  united  Church. 

8.  The  publications  of  the  Board  of  Publication  and  of  the  Publica- 
tion Committee  should  continue  to  be  issued  as  at  present,  leaving  it  to 
the  Board  of  Publication  of  the  united  Church  to  revise  these  issues, 
and  perfect  a  catalogue  for  the  united  Church  so  as  to  exclude  invidious 
references  to  past  controversies. 

9.  In  order  to  a  uniform  system  of  ecclesiastical  supervision,  those 
theological  Seminaries  that  are  now  under  Assembly  control,  may,  if 
their  Boards  of  Direction  so  elect,  be  transferred  to  the  watch  and  care 
of  one  or  more  of  the  adjacent  Synods;  and  the  other  seminaries  are 
advised  to  introduce,  as  far  as  may  be,  into  their  Constitutions,  the 
principle  of  Synodical  or  Assembly  supervision  ;  in  which  case  they  shall 
be  entitled  to  an  official  recognition  and  approbation  on  the  part  of  the 
General  Assembly. 

10.  It  should  be  regarded  as  the  duty  of  all  our  judicatories,  minis- 
ters, and  people  of  the  united  Church,  to  study  the  things  which  make 
for  peace,  and  to  guard  against  all  needless  and  oflfensive  refei'ences  to 
the  causes  that  have  divided  us  ;  and,  in  order  to  avoid  the  revival  of 
past  issues,  by  the  continuance  of  any  usage,  in  either  branch  of  the 
Church  that  has  grown  out  of  former  conflicts,  it  is  earnestly  recom- 
mended to  the  lower  judicatories  of  the  Church  that  they  conform  their 
practice  in  relation  to  all  such  usages,  as  far  as  is  consistent  with  their 
convictions  of  duty,  to  the  general  custom  of  the  Church  prior  to  the 
controversies  that  resulted  in  the  separation. 

III.   Recommendation  of  a  Day  of  Prayer. 

That  the  counsels  of  infinite  Wisdom  may  guide  our  decisions,  and 
the  blessings  of  the  great  Head  of  the  Church  rest  upon  the  result  of 
our  eflforts  for  Reunion,  it  is  earnestly  recommended  to  the  churches 
throughout  both  branches  of  the  Presbyterian  Church,  that  they  observe 
the  second  Sabbath  in  September,  1869,  as  a  day  of  fervent  and  united 
prayer  to  Almighty  God,  that  he  would  grant  unto  us  all  "  the  spirit  of 
counsel  and  might,  the  spirit  of  knowledge  and  of  the  fear  of  the 
Lord,"  and  in  the  new  relations  now  contemplated,  enable  us  to  "  keep 
the  unity  of  the  Spirit  in  the  bond  of  peace." 

[The  foregoing  report  was  adopted  by  the  Old  School  Assembly, 
by  a  vote  of  yeas  285,  nays  9  (p.  914) ;  by  the  New  School  Assembly 
unanimously  (p.  275),  when  it  was:] 

a.  Resolved,  That  in  pursuance  of  the  foregoing  action  of  this  General 
Assembly,  the  Basis  of  Reunion  now  adopted  be  sent  down  to  the  Pres- 
byteries for  their  approval  or  disapproval,  and  each  Presbytery  is  hereby 
required  to  meet  on  or  before  the  15th  day  of  October,  1869,  to  express 


38  HISTORICAL    DOCUMENTS. 

its  approval  or  disapproval  of  the  same  by  a  categorical  answer  to  the 
following  question : 

Do  you  approve  of  the  Reunion  of  the  two  bodies  now  claiming  the 
name  and  rights  of  the  Presbyterian  Church  in  the  United  States  of 
America,  on  the  following  basis,  viz. :  ' '  The  Reunion  shall  be  effected 
on  the  doctrinal  and  ecclesiastical  basis  of  our  common  Standards;  the 
Scriptures  of  the  Old  and  New  Testaments  shall  be  acknowledged  to  be 
the  inspired  Word  of  God,  and  the  only  infallible  rule  of  faith  and  prac- 
tice; the  Confession  of  Faith  shall  continue  to  be  sincerely  received  and 
adopted  as  containing  the  system  of  doctrine  taught  in  the  Holy  Scrip- 
tures; and  the  Government  and  Discipline  of  the  Presbyterian  Church 
in  the  United  States  shall  be  approved  as  containing  the  principles  and 
rules  of  our  polity  ?" 

Each  Presbytery  is  also  hereby  required,  before  the  first  day  of  Novem- 
ber, 1869,  to  forward  to  the  Stated  Clerk  of  this  General  Assembly  a 
statement  of  its  vote  on  the  said  Basis  of  Reunion. — 1869,  pp.  916, 
917,  O.  S. 

b.  Resolved,  That  this  Assembly  does  hereby  submit  to  the  Presbyteries 
in  connection  with  it  the  Basis  of  Reunion  adopted  May  27,  1869;  and 
that  the  Presbyteries  be  required  to  meet  on  before  October  15,  1869, 
to  express  their  approval  or  disapproval  of  the  same  by  a  categorical 
answer  to  the  following  question : 

Do  you  approve  of  the  Reunion  of  the  two  bodies  now  claiming  the 
name  and  rights  of  the  Presbyterian  Church  in  the  United  States  of 
America,  on  the  following  basis,  namely:  "  The  Reunion  shall  be  effected 
on  the  doctrinal  and  ecclesiastical  basis  of  our  common  Standards;  the 
Scriptures  of  the  Old  and  New  Testaments  shall  be  acknowledged  to  be 
the  inspired  Word  of  God,  and  the  only  infallible  rule  of  faith  and  prac- 
tice; the  Confession  of  Faith  shall  continue  to  be  sincerely  received  and 
adopted  as  containing  the  system  of  doctrines  taught  in  the  Holy  Scrip- 
tures; and  the  Government  and  Discipline  of  the  Presbyterian  Church 
in  the  United  States  shall  be  approved  as  containing  the  jirinciples  and 
rules  of  our  polity  ?" 

Besolved,  That  each  Presbytery  shall,  before  the  first  day  of  November, 
1869,  forward  to  the  Stated  Clerk  of  the  General  Assembly  a  statement 
of  its  vote  on  the  said  Basis  of  Reunion. — 1869,  p.  283,  N.  S. 

[In  accordance  with  the  plan  adopted  above,  the  two  Assemblies 
adjourned  to  meet  in  Pittsburg,  Pa.,  Nov.  10,  A.D.  1869,  at  11  o'clock 
A.M.,  the  one  in  the  First  Church,  the  other  in  the  Third  Church.] 

6.  Adjourned  meetings  of  the  Assemblies  at  Pittsburg,  1869. 

a.  The  report  of  the  Stated  Clerk  of  the  Assembly,  O.  S.,  Rev.  A. 
T.  McGill,  D.D. ,  on  the  vote  of  the  Presbyteries,  Avas  read  and 
amended,  so  as  simply  to  give  the  result  of  the  vote,  after  which  it  was 
adopted,  and  is  as  follows: 

The  Presbyteries  in  connection  with  this  General  Assembly  have  all 
reported  in  writing,  on  the  overture  of  Reunion,  as  ordered  in  the  Brick 
Church,  at  New  York,  except  the  following  eleven,  viz. ,  Austin,  Coris- 
co,  Knox,  Knoxville,  Maury,  Milwaukee,  Ogdensburg,  Shantung,  Siam, 
Stockton  and  Western  Africa.  The  Stated  Clerk  of  the  Sante  Fe 
Presbytery  has  reported  by  letter  that  it  is  impossible  for  this  Presbytery 
to  have  a  meeting,  in  present  circumstances.  The  Presbyteries  of 
Allahabad  and  Canton,  being  unable  to  meet  within  the  time  specified. 


SEPARATIONS   AND    RKUNION8.  39 

have  sent  circulars,  signed  by  a  majority  of  each,  to  indicate  the  will  of 
the  Presbytery,  in  favor  of  Reunion,  as  now  proposed;  but  these  are  not 
counted  in  declaring  the  result.  Another  Presbytery,  Lahore,  formed 
by  the  Synod  of  Northern  India,  in  December  last,  but  not  regularly 
reported  as  yet,  by  any  officer  of  that  Synod,  has  sent  its  answer  to  this 
overture,  in  written  form,  and  this  has  been  counted,  on  the  presumption 
that  the  Assembly  will  recognize,  at  this  meeting,  the  existence  of  that 
Presbytery  on  the  roll. 

We  have  thus  one  hundred  and  forty -four  Presbyteries.  One  hundred 
and  twenty-six  of  these  have  answered  the  overture  sent  down  affirma- 
tively, in  writing.  Three,  viz.,  Hudson,  Rio  de  Janeiro,  and  West 
Lexington,  have  answered  in  the  negative. 

On  motion  it  was  ordered  that  the  Stated  Clerk  admit  to  record  the 
answer  of  the  Presbytery  of  Lahore  to  the  overture  on  Reunion. 

The  Assembly  was,  on  motion,  led  in  prayer  by  Rev.  John  Hall, 
D.D.,  in  gratitude  for  the  result  of  the  negotiations  on  Reunion,  and 
the  doxology  was  sung. — 1869,  p.  1158,  O.  S. 

b.  The  Stated  Clerk  presented  the  report  of  the  Presbyteries  on  the 
overture  for  Reunion,  as  follows: 

Report  of  the  Stated  Clerk  of  the  General  Assembly  of  the  Presby- 
terian Church  in  the  United  States  of  America,  N.  S.,  on  the  answers 
of  the  Presbyteries  to  the  overtures  on  the  Reunion  of  the  two  Branches 
of  the  Church: 

The  number  of  Presbyteries  connected  with  this  General  Assembly  is 
one  hundred  and  thirteen.  Official  responses  have  been  received  from 
every  one  of  them.  They  have  all  ansivered  the  overture  in  the  affirma- 
tive. In  each  of  the  Presbyteries  of  Albany,  Wellsborough,  and  the 
District  of  Columbia  a  single  negative  vote  was  cast.  In  each  of  the 
remaining  one  hundred  and  ten  Presbyteries  the  vote  was  unanimous. 

Edwin  F.  Hatfield,  Stated  Clerk. 

Pittsburg,  Pa.,  November  10,  1869. 

The  Assembly  united  in  prayer  and  thanksgiving  to  God  for  this 
auspicious  result. — 1869,  p.  485,  N.  S. 

7.  Report  of  Joint  Committee  of  Conference. 

' '  The  Joint  Committee  of  Conference  on  Reunion  ' '  presented  its 
report,  which  was  adopted,  and  is  as  follows,  viz. : 

1.  That  each  Assembly  should  declare  the  vote  of  the  Presbyteries  in 
the  following  language: 

"  This  Assembly  having  received  and  examined  the  statements  of  the 
votes  of  the  sevei'al  Presbyteries,  on  the  Basis  of  Reunion  of  the  two 
bodies,  now  claiming  the  name  and  rights  of  the  Presbyterian  Church  in 
the  United  States  of  America,  which  basis  is  in  the  words  following,  viz. , 
'  The  Reunion  shall  be  effected  on  the  doctrinal  and  ecclesiastical  basis 
of  our  common  Standards;  the  Scriptures  of  the  Old  and  New  Testa- 
ments shall  be  acknowledged  to  be  the  inspired  Word  of  God,  and  the 
only  infallible  rule  of  faith  and  practice;  the  Confession  of  Faith  shall 
continue  to  be  sincerely  received  and  adopted,  as  containing  the  system 
of  doctrine  taught  in  the  Holy  Scriptures,  and  the  Government  and 
Discipline  of  the  Presbyterian  Church  in  the  United  States  shall  be 
appro ve'd,  as  containing  the  principles  and  rules  of  our  polity:'  Does 
hereby  find   and   declare   that   the  said    Basis  of    Reunion   has   been 


40  HISTORICAL    DOCUMENTS. 

approved  by  more  than  two -thirds  of  the  Presbyteries  connected  with 
this  Branch  of  the  Church:  and  whereas  the  other  Branch  of  the  Pres- 
b}i«rian  Church  in  the  United  States  of  America,  now  sitting  in  the 
Third  [or,  the  Firs{\  Presbyterian  Church  in  the  city  of  Pittsburg,  has 
reported  to  this  Assembly  that  said  basis  has  been  approved  by  more 
than  two-thirds  of  the  Presbyteries  connected  with  that  Branch  of  the 
Church,  now,  therefore,  we  do  solemnly  declare  that  said  Basis  of 
Reunion  is  of  binding  force." 

2.  This  Committee  recommends  that  a  Special  Committee  of  five  from 
each  Branch  of  the  Church,  shall  be  appointed  to  take  into  consideration 
the  afTairs  of  each  of  the  Boards  and  Committees  of  both  Branches  of  the 
Church,  and  to  recommend  to  the  Assembly  of  the  united  Church,  next 
to  be  held,  what  changes  are  required  in  said  Boards  and  Committees. 

8.  That  each  Assembly  shall  also  pass  the  following:  Whereas,  It  is 
apparent,  from  the  size  of  the  two  Assemblies,  that  some  changes  must 
be  made  in  the  present  method  of  representation;  therefore.  Resolved, 
That  each  of  the  Assemblies  of  1869  shall  appoint  a  Committee  of  five, 
to  constitute  a  joint  Committee  of  ten,  whose  duty  it  shall  be  to  prepare 
and  propose  to  the  General  Assembly  of  the  united  Church  a  proper 
adjustment  of  the  boundaries  of  the  Presbyteries  and  Synods,  and  the 
ratio  of  representation,  and  any  amendments  of  the  Constitution  which 
they  may  think  necessary  to  secure  efficiency  and  harmony  in  the  admin- 
istration of  the  Church,  so  greatly  enlarged,  and  so  rapidly  extending. 

4.  That  the  Assemblies  shall  meet  at  9  o'clock  on  Friday  morning  next, 
and  that  the  vote  of  the  Presbyteries  be  declared  in  each  Assembly  at 
10  o'clock,  and  that  each  Assembly  be  then  dissolved  in  the  usual  man- 
ner prescribed  by  the  Form  of  Government.  That  each  Assembly  shall 
immediately  repair  to  the  Third  Presbyterian  Church,  in  this  city,  there 
to  hold  a  joint  meeting  for  prayer  and  praise ;  and  that  a  joint  com- 
munion service  be  held  on  the  same  day,  at  three  o'clock  in  the  afternoon. 

That  all  business  before  each  Assembly  shall  be  concluded  this  (Thurs- 
day) evening,  and  no  new  business  taken  up  thereafter. 

5.  That  a  Committee  of  Arrangements,  consisting  of  two  from  each 
Church,  be  appointed  to  decide  upon  the  form,  manner  and  place  of  our 
public  meeting,  and  to  prepare  a  statement  upon  the  subject  of  raising 
funds  for  the  use  of  the  Church,  which  shall  be  read  to  said  meeting. 
It  is  proposed  that  the  Rev.  A.  G.  Hall,  D.D.,  Robert  Carter,  Esq., 
Rev.  S.  W.  Fisher,  D.D.,  and  AVilliam  E.  Dodge,  Esq.,  be  appointed 
said  Committee. 

6.  That  the  first  meeting  of  the  General  Assembly  of  the  united 
Church  be  held  in  the  First  Presbyterian  Church  in  the  city  of  Philadel- 
phia, on  the  third  Thursday  of  May,A.D.  1870,  at  11  o'clock  A.M. 

—1869,  pp.  1159,  1160,  O.  S. 
—1869,  pp.  495,  496,  N.  S. 

8.  Basis  and  Consummatioii  of  the  Reunion. 

The  declaration  was  adopted  unanimously  in  both  Assemblies,  by  a 
rising  vote,  as  follows,  viz. : 

This  Assembly  having  received  and  examined  the  statement  of  the 
votes  of  the  several  Presbyteries  on  the  Basis  of  the  Reunion  of  the 
two  bodies  now  claiming  the  name  and  the  right  of  the  Presbyterian 
Church  in  the  United  States  of  America,  which  basis  is  in  the  words 
following,  nanielv:  "  The  Union  shall  be  effected  on  the  doctrinal  and 


SEPARATIONS    AND    REUNIONS.  41 

ecclesiastical  basis  of  our  coinmou  Standards ;  the  Scriptures  of  the  Old 
and  New  Testaments  shall  be  acknowledged  to  be  the  inspired  Word  of 
God,  and  the  only  infallible  rule  of  faith  and  practice;  the  Confession  of 
Faith  shall  continue  to  be  sincerely  received  and  adopted  as  containing 
the  system  of  doctrine  taught  in  the  Holy  Scriptures;  and  the  Govern- 
ment and  Discipline  of  the  Presbyterian  Church  in  the  United  States 
shall  be  approved  as  containing  the  principles  and  rules  of  our  polity:" 
Does  hereby  find  and  declare  that  said  Basis  of  Union  has  been  approved 
by  more  than  two -thirds  of  the  Presbyteries  connected  with  this  Branch 
of  the  Church — and  whereas  the  other  Branch  of  the  Presbyterian 
Church  in  the  United  States,  now  sitting  in  the  Third  [or,  the  First] 
Presbyterian  Church  in  the  city  of  Pittsburg,  has  reported  to  this  Assem- 
bly that  said  basis  has  been  approved  by  more  than  two -thirds  of  the 
Presbyteries  connected  with  that  Branch  of  the  Church: 

now  therefore  we  do  solemnly  declare  that  said  basis  of 
Reunion  is  of  binding  force. 

—1869,  p.  1163,  O.  S. 

—1869,  p.  500,  N.  S. 

9.  The  Reunion  Convention. 
Pittsburg,  Pa.,  Friday,  November  12,  1869. 

The  two  General  Assemblies  of  the  Presbyterian  Church,  meeting 
respectively  in  the  First  and  Third  Churches  of  Pittsburg,  Pa.,  having 
both  been  in  due  form  dissolved  on  Friday,  November  12,  1869,  at  10 
o'clock  A.M.,  a  Joint  Convention,  in  accordance  with  previous  mutual 
agreement,  was  held  immediately  after  in  the  Third  Church. 

The  members  of  the  late  N.  S.  Assembly,  preceded  by  their  Modera- 
tor, Clerks,  and  Reunion  Committee,  formed  in  order,  two  by  two,  and 
proceeded  from  the  Third  Church  down  Sixth  avenue  to  Wood  street, 
and  took  position  on  the  west  side  of  the  street,  opposite  the  First 
Church.  At  the  same  time,  the  members  of  the  late  O.  S.  Assembly, 
preceded  in  like  manner  by  their  Moderator,  Clerks  and  Reunion 
Committee,  came  forth  from  the  First  Cluirch  and  took  position  on  the 
east  side  of  the  street,  directly  <)))posite  the  other  column,  the  head  of 
each  line  looking  south  toward  J'ifth  avenue. 

The  following  gentlemen  had  been  appointed  and  consented  to  serve 
as  marshals  of  the  day:  Gen.  J.  K.  Morehead,  and  Messrs.  John  D. 
McCord,  William  Rea  and  George  H.  Stuart. 

The  signal  for  the  march  having  been  given,  the  tAvo  Moderators  met 
in  the  middle  of  the  street,  shook  hands,  and  joined  arms ;  as  was  done 
also  by  the  Stated  Clerks,  the  Permanent  and  TemjDorary  Clerks,  the 
two  Reunion  Committees,  and  the  remainder  of  the  two  columns — the 
joint  procession  meanwhile  marching  forward  two  by  two.  Old  and  New 
School  interlocked  along  the  whole  line,  down  Wood  street  and  up  Fifth 
avenue,  Smithfield  street,  and  Sixth  avenue  (the  whole  distance  attended 
by  a  rejoicing  crowd  of  people),  to  the  Third  Church. 

As  the  procession  entered  by  the  right  middle  aisle,  Wesley's  noble 
hymn, 

"  Blow  ye  the  trumpet,  blow,"  etc., 

was  sung  by  t|ie  choir  and  the  ladies,  who  had  been  previously  admitted 
to  seats  assigned  them.  The  greater  part  of  the  procession  found  seats 
on  the  immense  platform  occupying  the  southern  end  of  the  great 
church,  the  remainder  occupying  the  pews  in  front  of  the  platform ;  after 


42  HISTORICAL   DOCUMENTS. 

which  the  doors  were  opened  and  the  house  was  immediately  thronged  to 
its  utmost  capacity. 

The  services  commenced  at  11  o'clock  A.M.,  and  were  continued  Avith 
unwearied  interest  for  more  than  three  hours.  Addresses  were  made 
by  the  Moderators  and  others,  both  ministers  and  elders,  previously 
designated,  intermingled  with  prayer  and  songs  of  devout  praise  and 
thanksgiving. 

The  following  preamble  and  resolutions,  reported  in  behalf  of  the 
Committee  of  Arrangements,  by  the  Rev.  S.  W.  Fisher,  D.D.,  LL.D., 
were  passed  unanimously: 

Preamble  and  Resolutions  Adopted  in  Joint  Convention  by  the 
Members  of  the  Two  Assemblies — November  12,  1869. 

In  the  Providence  of  God,  the  two  Branches  of  the  Presbyterian 
Church  in  the  United  States  of  America,  after  a  separation  of  more  than 
thirty  years,  are  again  united.  This  event,  in  its  magnitude,  is  unpar- 
alleled in  the  ecclesiastical  history  of  this  country  and  almost  of  the 
world.  It  evidences  to  all  men  the  presence  and  unifying  power  of  the 
divine  Spirit.  A  fact  so  remarkable  and  significant  attracts  interest  and 
creates  expectation  among  even  worldly  minds.  It  awakens  the  sympa- 
thies and  the  hopes  of  all  who  truly  love  Christ  among  other  denomina- 
tions. It  awakens  hope  since  it  illustrates  the  evident  purpose  of  God 
to  bring  all  His  followers  into  closer  union  in  spirit,  combine  them  in 
action  for  the  overthrow  of  error  and  the  diffusion  of  His  truth;  it 
awakens  expectation,  since  they  justly  anticipate,  on  our  part,  from  this 
union  of  resources,  spirit  and  action,  a  far  more  vigorous  assault  upon 
the  forces  of  darkness  and  more  decided  efforts  to  spread  the  Gospel 
among  all  classes  in  our  own  and  other  lands. 

To  us,  as  a  Church,  it  is  an  era  in  our  history  most  memorable  and 
hopeful;  memorable,  as  it  signalizes  the  triumph  of  faith  and  love  over 
the  strifes  and  jealousies  of  more  than  a  quarter  of  a  century;  hopeful, 
since  it  is  not  the  result  of  decadence  and  torpor,  but  of  progress  and  aug- 
mented strength.  It  buries  the  suspicions  and  the  rivalries  of  the  past, 
with  the  sad  necessity  of  magnifying  our  differences  in  order  to  justify 
our  separation.  It  banishes  the  spirit  of  division,  the  natural  foe  of  true 
progress.  In  this  union  are  seen  the  outflashing  of  a  divine  purpose  to 
lead  us  on  to  greater  self-sacrifice,  and  a  more  entire  consecration  to  the 
evangelization  of  the  world.  God  has  elevated  us  to  this  commanding 
position,  that  we  may  see  His  glory,  and  in  the  strengthened  faith  it  in- 
spires devote  our  united  resources  more  directly  and  eflBciently  to  the  sal- 
vation of  men.  New  and  grander  responsibilities  rest  upon  us.  Jesus 
summons  us  to  a  holier  faith  and  more  perfect  consecration.  He  summons 
this  Church  to  answer  His  loving -kindness  by  deeds  commensurate  with 
our  renewed  resources.  The  times  are  auspicious;  everywhere  peace 
reigns;  the  gates  are  open,  and  the  millions  of  our  own  and  other  lands 
wait  for  the  Gospel.  Our  position  is  commanding;  our  resources  great; 
our  methods  of  action  well  settled,  simple  and  efficient.  The  Spirit  of 
God  that  has  united  us  will  inspire,  direct  and  bless  our  efforts.  While 
we  maintain  the  faith  which  Paul  so  fully  unfolded,  and  our  Church, 
in  the  centuries  past,  has,  through  manifold  persecution  and  martyrdom, 
so  gloriously  upheld,  we  are  summoned,  as  by  the  will  of  God,  to  arise  and 
build,  to  form  new,  broader  and  bolder  plans  for  the  extension  of  Christ's 
kingdom,  and  to  enter  upon  and  execute  them  with  apostolic  enthusiasm. 


SEPARATIONS   AND    REUNIONS.  43 

Let  us,  then,  the  ministers,  elders  and  members  of  this  Church  here 
assembled,  as,  in  spirit,  standing  in  the  presence  of  and  representing 
the  entire  body  of  believei's  in  our  connection,  and  the  beloved  mission- 
aries in  foreign  lands  who  now  await,  with  tender  and  prayerful  interest, 
this  consummation  of  our  union — let  us,  in  humble  dependence  upon  our 
dear  Redeemer,  with  deep  humility  in  view  of  our  past  inefficiency  and 
present  unworthiness,  and  as  an  expression  of  our  devout  gratitude  to 
Him  who  has  brought  this  once  dissevered,  now  united  Church  up  to  this 
Mount  of  Transfiguration,  signalize  this  most  blessed  and  joyous  union 
with  an  oflering  in  some  good  degree  commensurate  with  the  abundant 
pecuniary  gifts  that  He  has  bestowed  on  us.     And  to  this  end  be  it 

Resolved,  That  it  is  incumbent  on  the  Presbyterian  Church  in  the 
United  States  of  America,  one  in  organization,  one  in  faith,  and  one  in 
effort,  to  make  a  special  offering,  to  the  treasury  of  the  Lord,  of 
FIVE  MILLIONS  OF  DOLLARS:  and  we  pledge  ourselves,  first  of  all, 
to  seek  in  our  daily  petitions  the  blessing  of  God  to  make  this  resolution 
effectual ;  and  second,  that  we  Avill,  with  untiring  perseverance  and  per- 
sonal effort,  endeavor  to  animate  the  Avhole  Church  with  the  purpose  to 
secure  the  accomplishment  of  this  great  work  before  the  third  Thursday 
of  May,  1871. 

Resolved,  further,  That  the  Stated  Clerks  of  the  Assemblies  of  1869 
be  requested  to  publish  this  paper,  with  the  names  of  the  Moderators, 
Clerks  and  Joint  Committee  on  Reunion,  and  the  Commissioners  now  in 
attendance  appended  thereto. 

At  3^  o'  clock  P.  M. ,  the  Convention  united  in  tlie  celebration  of  the 
Lord's  Supper  at  the  First  Presbyterian  Church,  which  also  was  thronged 
in  every  part. 

—1869,   pp.   502-504,   N.   S. 
—1869,  pp.  1165-1167,  O.  S. 

10.  Memorial  Contribution. 

[Note. — The  Memorial  Fund  Committee,  Winthrop  S.  Gilnian,  Esq.,  Chairman,  and 
F.  F.  EUinwood,  D.D.,  LL.D.,  Secretary,  reported  to  the  Assembly  of  1872  that  the 
sum  total  of  all  contributions  reported  were  $7,607,499.91.  See  further.  Digest  of  1886, 
pp.  99-106.] 

11.  ftuarter-Centenary  of  Reunion. 

[Note. — The  One  Hundred  and  Seventli  General  Assembly  celebrated  at  Pittsburg, 
Pa.,  May  23,  1895,  the  Twenty-fifth  Anniversary  of  the  Reunion  of  the  Old  and  New 
School  Churches.  From  1869  to  1894,  the  membership  of  the  Church  increased 
from  446,561  to  895,997,  an  increase  of  more  than  one  hundred  per  cent. ;  and  the 
Sabbath-school  membership  grew  from  448,857  to  951,199,  an  increase  of  one  hundred 
and  twelve  per  cent.  The  total  contributions  for  these  twenty-five  years  to  the  Mis- 
.sionary  and  Benevolent  Boards  amounted  to  $47,306,426 ;  to  miscellaneous  benevoleiit 
causes  outside  of  the  Boards,  $24,280,002  w^ere  given,  and  for  congregational  support 
there  was  collected  $192,044,780,  making  a  grand  total  of  $263,631,208,  or  an  average  of 
$10,500,000  per  annum. 

During  this  same  period  also  there  were  added  to  the  Church  more  than  one  million 
members  on  profession  of  their  faith. 

A  public  meeting  was  held  at  the  Third  Presbyterian  Church  on  the  evening  of 
May  23,  at  which  addresses  were  delivered  by  the  Rev.  Francis  L.  Patton,  D.D., 
LL  D.,  Rev.  Henry  M.  Booth,  D.D.,  LL.D.,  and  Rev.  William  Henry  Roberts,  D.D. 
LL.D. 

In  view  of  the  blessings,  spiritual  and  financial,  attending  Reunion,  the  Assembly, 
on  May  24,  by  a  iinanimous  rising  vote,  determined  to  mark  the  milestone,  so  auspi- 
ciously passed,  by  an  effort  to  raise  a  Quarter-Century  Anniversary  Reunion  Fund. 

Of  tifie  Committee  of  thirty  appointed  for  the  raising  of  this  Fund,  Rev.  W.  L. 
McEwan,  D.D.,  was  the  Chairman,  and  Rev.  W.  H.  Roberts,  D.D.,  Treasurer.  The 
sum  raised  was  about  S384,000,  and  was  used  mainly  in  liquidating  the  debts  of  the 
Boards  of  Home  and  Foreign  Missions. — See  Minutes,  1895,  pp.  97,  105.  119,  and  1896, 
pp.  108-113.] 


44 


CONFESSION   OF    FAITH,    CHAP.    I. 


PART  II. 

THE  CONFESSION  OF  FAITH. 


CHAPTER  I. 
OF  THE  HOLY  SCRIPTURE. 

I.  Although  the  light  of  nature,  and  the  works  of  creation  and 
providence,  do  so  far  manifest  the  goodness,  wisdom,  and  power  of  God, 
as  to  leave  men  inexcusable ;  yet  they  are  not  sufficient  to  give  that 
knowledge  of  God  and  of  His  will,  which  is  necessary  unto  salvation ; 
therefore  it  pleased  the  Lord ,  at  sundry  times,  and  in  divers  manners,  to 
reveal  Himself,  and  to  declare  that  His  will  unto  His  Church ;  and 
afterwards,  for  the  better  preserving  and  propagating  of  the  truth,  and 
for  the  more  sure  establishment  and  comfort  of  the  Church  against  the 
corruption  of  the  flesh,  and  the  malice  of  Satan  and  of  the  world,  to 
commit  the  same  wholly  unto  writing :  which  maketh  the  Holy  Scripture 
to  be  most  necessary;  those  former  ways  of  God's  revealing  His  will 
unto  His  people  being  now  ceased. 

II.  Under  the  name  of  Holy  Scripture,  or  the  Word  of  God  written, 
are  now  contained  all  the  books  of  the  Old  and  New  Testaments,  which 
are  these: 

OF    THE    OLD    TESTAMENT. 


Genesis. 

II  Chronicles. 

Daniel. 

Exodus. 

Ezra. 

Hosea. 

Leviticus. 

Nehemiah. 

Joel. 

Numbers. 

Esther. 

Amos.' 

Deuteronomy. 

Job. 

Obadiah. 

Josl\ua. 

Psalms. 

Jonah. 

Judges. 

Proverbs. 

Micah. 

Ruth. 

Ecclesiastes. 

Nahum. 

I  SamueL 

The  Song  of  Songs. 

Habakkuk. 

II  SamueL 

Isaiah. 

Zephaniah. 

I  Kings. 

Jeremiah. 

Haggai. 

II  Kings. 

Lamentations. 

Zechariah. 

I  Chronicles. 

Ezekiel. 

Malachi. 

OF  THE    NEW   TESTAMENT. 

The  Gospels  according  to 

Galatians. 

The  Epistle  to  the  Hebrews. 

Matthew. 

Ephesians. 

The  Epistle  of  James. 

Mark. 

Philippians. 

The  tirst  and  second  Epis- 

Luke. 

Colossians. 

tles  of  Peter. 

.John. 

Thessalonians,  I. 

The  first,  second  and  third 

The  Acts  of  the  Apostles. 

The,ssalonians,  II. 

Epistles  of  John. 

Paul's  Epistles  to  the 

To  Timothy,  I. 

The  Epistle  of  Jude. 

Romans. 

To  Timothy,  II. 

The  Revelation. 

Corinthians,  I. 

To  Titus. 

Corinthians,  II. 

To  Philemon. 

All    which  are   given  by   inspiration   of  God,  to  be  the  rule  of   faith 
and  life. 


OF   THE   HOLY   SCRIPTURE;  45 

1.  Deliverance  on  the  so-called  Higher  Criticism. 

The  Special  Committee  to  whom  certain  overtures  were  referred  on  the 
so-called  "  Higher  Criticism  "  presented  their  report,  Avhichwas  adopted, 
and  is  as  follows: 

Overtures  from  the  Presbyteries  of  Ebenezer,  Jersey  City,  Louisville, 
Morris  and  Orange,  and  St.  Louis,  requesting  the  Assembly  to  make  a 
deliverance  by  which  pastors  and  teachers  should  be  cautioned  against 
the  false  teaching  which  is  commonly  known  by  the  name  of  the 
' '  Higher  Criticism, ' '  having  been  referred  to  this  Committee,  we  hereby 
respectfully  report  the  following  deliverance : 

The  General  Assembly  feels  constrained  to  express  itself  clearly  and 
decidedly  on  the  rationalistic  treatment  of  the  Holy  Scriptures  by 
Protestant  teachers  in  Europe  whose  works  are  introduced  into  our 
country,  and  whose  evil  influence  is  felt  in  our  Church.  Our  Confession 
of  Faith  (Chap,  i,  Sec.  ii),  after  giving  the  names  of  the  books  of  the 
Old  and  New  Testaments,  adds,  "  all  which  are  given  by  inspiration  of 
God  to  be  the  rule  of  faith  and  life,"  The  denial  of  the  authenticity 
or  truthfulness  of  the  Holy  Scriptures  is  a  denial  of  their  inspiration ; 
and  any  teaching  that  suggests  such  denial  should  be  not  only  carefully 
avoided,  but  studiously  repelled.  The  Assembly  would  not  discourage 
the  full  use  of  all  light  in  critical  study;  nor  does  it  assume  that  any 
erroneous  teaching  is  welcomed  or  offered  within  the  bounds  of  the 
Church;  but  it  would  warn  all  pastors  and  teachers  of  the  danger  to 
young  and  inexperienced  minds  in  the  free  use  of  crude  theories  and 
unproved  speculations  on  the  part  of  religious  instructors,  and  would 
remind  them  of  the  paramount  importance  of  sustaining  in  positive 
doctrine  the  authenticity,  integrity,  truthfulness  and  inspiration  of  the 
Holy  Scriptures,  against  the  unsanctified  learning  by  which  an  unbe- 
lieving world,  through  nominally  Christian  channels,  assaults  the  Church 
of  God. 

The  Assembly  would  also  remind  the  Presbyteries  of  their  special 
responsibility  as  guardians  of  the  faith,  and  that,  in  view  of  the  appre- 
hensions excited  throughout  the  Church  by  the  rationalistic  handling  of 
the  Word  of  God,  it  is  incumbent  upon  them  to  see  to  it  that  the  appro- 
priate constitutional  action  be  taken  if  at  any  time  it  should  become 
manifest  that  any  minister  of  our  Church  was  promulgating  theories 
of  dangerous  tendency  or  contra- confessional  doctrine  concerning  the 
Holy  Scriptures.— 1883,  pp.  631,  632. 

2.  The  inspired  Word,  as  it  came  from  God,  is  without  error. 

Overture  from  the  Presbytery  of  Chester,  and  overture  from  the  Presby- 
tery of  Genesee,  asking  the  General  Assembly,  in  view  of  certain  publi- 
cations during  the  past  year,  to  make  a  deliverance  concerning  subscrip- 
tion to  the  Standards  of  the  Church  which  our  ministers  and  elders  make 
at  their  ordination. 

The  Committee  recommend  the  following: 

The  General  Assembly  would  remind  all  under  its  care  that  it  is  a  fun- 
damental doctrine  that  the  Old  and  New  Testaments  are  the  inspired 
and  infallible  Word  of  God.  Our  Church  holds  that  the  inspired 
Word,  as  it  came  from  God,  is  without  error.  The  assertion  of  the 
contrary  cannot  but  shake  the  confidence  of  the  people  in  the  sacred 
books.  All  who  enter  office  in  our  Church  solemnly  profess  to  receive 
them  as  the  only  infallible  rule  of  faith  and  practice.     If  they  change 


46  CONFESSION    OF    FAITH,    CHAP.    I,    SECT.    II. 

their  belief  ou  this  point,  Christian  honor  demands  that  they  should 
withdraw  from  our  ministry.  They  have  no  right  to  use  the  pulpit  or 
the  chair  of  the  professor  for  the  dissemination  of  their  errors  until  they 
are  dealt  Avith  by  the  slow  process  of  discipline.  But  if  any  do  so  act, 
their  Presbytery  should  speedily  interpose,  and  deal  with  them  for 
violation  of  ordination  vows.  The  vow  taken  at  the  beginning  is  obliga- 
tory until  the  party  taking  it  is  honorably  and  properly  released.  The 
General  Assembly  enjoins  upon  all  ministers,  elders  and  Presbyteries,  to 
be  faithful  to  the  duty  here  imposed.— 1892,  pp.  179,  180. 

3.  Case  of  the  Rev.  Charles  A.  Briggs,  D.D. 
a    Preliminary  Note. 

[January  20,  1891,  the  Rev.  Charles  A.  Briggs,  D.D.,  LL.D.,  a  member  of  the  Pres- 
bytery of  New  York,  delivered  an  inaugural  address  on  the  occasion  of  his  induction 
as  Professor  of  Biblical  Theology  in  Union  Theological  Seminary.  This  address  was 
brought  to  the  attention  of  the  Presbytery  of  New  York.  A  Committee  of  Investiga- 
tion was  appointed  April  13,  1891,  and  on  its  report  a  Committee  of  Prosecution  was 
appointed  May  11,  1891. 

Charges  and  specitioations  were  duly  tabled,  citations  were  issued  to  the  parties  and 
the  case  was  heard  at  a  meeting  of  the  Presbytery  held  November  4,  1891. 

At  this  meeting  the  accused  appeared  and  presented  his  objections  to  the  suflS- 
ciency  of  the  charges  and  specifications  in  form  and  legal  effect. 

The  Presbytery  then  entered  on  its  record  its  decision  and  final  judgment,  dismiss- 
ing the  case  in  the  following  words  : 

''Resolved,  That  the  Presbytery  of  New  York,  having  listened  to  the  paper  of  the 
Rev.  Charles  A.  Briggs,  D.D.,  in  the  case  of  the  Presbyterian  Church  in  the  United 
States  of  America  against  him  as  to  the  sufficiency  of  the  charges  and  specifications 
in  form  and  legal  effect ;  and,  without  approving  of  the  positions  stated  in  his 
Inaugural  Address,  at  the  same  time  desiring  earnestly  the  peace  and  quiet  of  the 
Cliurch,  and  in  view  of  the  declarations  made  by  Dr.  Briggs  touching  his  loyalty 
to  the  Holy  Scriptures  and  the  Westminster  Standards,  and  of  his  disclaimers  of 
interpretations  put  on  some  of  his  words,  deem  it  best  to  dismiss  the  case,  and  does  so 
dismiss  it." 

Prom  this  action  of  the  Presbytery  of  New  York,  dismissing  the  case,  the  Prosecu- 
ting Committee  took  an  appeal  in  the  name  of  the  Presbyterian  Church  in  the  United 
States  of  America.    See  for  the  Appeal,  Minutes,  1892,  pp.  232-241,  Appendix. 

This  Appeal  was  presented  to  the  General  Assembly  in  session  at  Portland,  Oreg., 
May,  1892,  and  found  in  order  (1892,  p.  90).  After  full  argument  the  Appeal  was 
sustained  (1892,  p.  141)  and  judgment  was  rendered  as  follows  :] 

b.    Action  of  the  Assembly  of  1892. 

The  General  Assembly  having,  on  the  28th  day  of  May,  1892, 
duly  sustained  all  the  specifications  of  error  alleged  and  set  forth  in  the 
appeal  and  specifications  in  this  case. 

It  is  now,  May  30,  1892,  ordered,  that  the  judgment  of  the  Presby- 
tery of  New  York,  entered  November  4,  1891,  dismissing  the  case  of 
the  Presbyterian  Church  in  the  United  States  of  America  against  Rev. 
Charles  A.  Briggs,  D.D.,  be,  and  the  same  is  hereby,  reversed.  And 
the  case  is  remanded  to  the  Presbytery  of  New  York  for  a  new  trial, 
with  directions  to  the  said  Presbytery  to  proceed  to  pass  upon  and  deter- 
mine the  sufficiency  of  the  charges  and  specifications  in  form  and  legal 
effect,  and  to  permit  the  Prosecuting  Committee  to  amend  the  specifica- 
tions or  charges,  not  changing  the  general  nature  of  the  same,  if,  in 
the  furtherance  of  justice,  it  be  necessary  to  amend,  so  that  the  case 
may  be  brought  to  issue  and  tried  on  the  merits  thereof  as  speedily 
as  may  be  practicable. 

And  it  is  further  ordered,  that  the  Stated  Clerk  of  the  General  Assem- 
bly return  the  record,  and  certify  the  proceedings  had  thereon  with  the 
necessary  papers  relating  thereto,  to  the  Presbytery  of  New  York. — 
1892,  p.  152. 


OF  THE   HOLY   SCRIPTURE.  47 

C.    The  Charges  passed  upon  by  the  Presbytery  of  New  York,  1893. 

In  obedience  to  this  mandate  of  the  General  Assembly,  the  Presby- 
tery of  New  York,  sitting  in  a  judicial  capacity,  January  9,  1893, 
passed  upon  the  amended  Charges  and  Specifications,  which  are: 

Charge  I. 

The  Presbyterian  Church  in  the  United  States  of  America  charges  the 
Rev.  Charles  A.  Briggs,  D.  D.,  being  a  minister  of  the  said  Church, 
and  a  member  of  the  Presbytery  of  New  York,  with  teaching  that  the 
Reason  is  a  fountain  of  divine  authority  which  may  and  does  savingly 
enlighten  men,  even  such  men  as  reject  the  Scriptures  as  the  authoritative 
proclamation  of  the  will  of  God,  and  reject  also  the  way  of  salvation 
through  the  mediation  and  sacrifice  of  the  Son  of  God  as  revealed 
therein  ;  which  is  contrary  to  the  essential  doctrine  of  the  Holy  Scripture 
and  of  the  Standards  of  the  said  Church,  that  the  Holy  Scripture  is 
most  necessary,  and  the  rule  of  faith  and  practice. 

Specification  I. — In  an  Inaugural  Address,  which  the  said  Rev.  Charles 
A.  Briggs,  D.D. ,  delivered  at  the  Union  Theological  Seminary  in  the 
City  of  New  York,  January  20,  1891,  on  the  occasion  of  his  induction 
into  the  Edward  Robinson  Chair  of  Biblical  Theology,  which  Address 
has  been  published  and  extensively  circulated  with  the  knowledge  and 
approval  of  the  said  Rev.  Charles  A.  Briggs,  D.D.,  and  has  been  repub- 
lished by  him  in  a  second  edition  wdth  a  preface  and  an  appendix,  there 
occur  the  following  sentences: 

Page  24,  lines  7—10  and  31-33:  "  Divine  authority  is  the  only  author- 
ity to  which  man  can  yield  implicit  obedience,  on  which  he  can  rest  in 

loving  certainty  and   build   with  joyous  confidence There  are 

historically  three  great  fountains  of    divine  authority — the   Bible,  the 
Church  and  the  Reason." 

Page  27,  lines  9-21:  "  Martineau  could  not  find  divine  authority  in 
the  Church  or  the  Bible,  but  he  did  find  God  enthroned  in  his  own  soul. 
There  are  those  who  would  refuse  these  rationalists  a  place  in  the  com- 
pany of  the  faithful.  But  they  forget  that  the  essential  thing  is  to  find 
God  and  divine  certainty,  and  if  these  men  have  found  God  without  the 
mediation  of  Church  and  Bible,  Church  and  Bible  are  means  and  not 
ends;  they  are  avenues  to  God,  but  are  not  God.  We  regret  that  these 
rationalists  depreciate  the  means  of  grace  so  essential  to  most  of  us, 
but  we  are  warned  lest  we  commit  a  similar  error,  and  depreciate  the 
Reason  and  the  Christian  consciousness." 

Inaugural  Address,  Appendix,  Second  Edition,  pp.  88,  89: 

"(c)  Unless  God's  authority  is  discerned  in  the  forms  of  the  Reason, 
there  is  no  ground  upon  which  any  of  the  heathen  could  ever  have  been 
saved,  for  they  know  nothing  of  Bible  or  Church.  If  they  are  not 
savingly  enlightened  by  the  Light  of  the  World  in  the  forms  of  the 
Reason  the  whole  heathen  world  is  lost  forever." 

Specification  IT.  — In  an  Inaugural  Address,  which  the  said  Rev.  Charles 
A.  Briggs,  D.D.,  delivered  at  the  Union  Theological  Seminary  in  the 
City  of  New  York,  January  20,  1891,  on  the  occasion  of  his  induction 
into  the  Edward  Robinson  Chair  of  Biblical  Theology,  which  Address 
has  been  published  and  extensively  circulated  with  the  knowledge  and 
approval  of  the  said  Rev.  Charles  A.  Briggs,  D.D.,  and  has  been  repub- 


48  CONFESSION    OF    FAITH,    CHAP.     I,    SECT.     11. 

lished  by  him  in  a  second  edition  with  a  preface  and  an  appendix,  there 
occur  the  following  sentences: 

Page  28,  lines  1-22:  "  (3)  The  Authority  of  Holy  Scripture. —  WehsiYe 
examined  the  Church  and  the  Reason  as  seats  of  divine  authority  in  an 
introduction  to  our  theme,  The  Authority  of  the  Scriptures,  because  they 
open  our  eyes  to  see  mistakes  that  are  common  to  the  three  departments. 
Protestant  Christianity  builds  its  faith  and  life  on  the  divine  authority 
contained  in  the  Scriptures,  and  too  often  depreciates  the  Church  and  the 
Reason.  Spurgeon  is  an  example  of  the  average  modern  Evangelical, 
who  holds  the  Protestant  position,  and  assails  the  Church  and  Reason  in 
the  interest  of  the  authority  of  Scripture.  But  the  average  opinion  of 
the  Christian  world  would  not  assign  hira  a  higher  place  in  the  kingdom 
of  God  than  Martineau  or  Newman.  May  we  not  conclude,  on  the 
whole,  that  these  three  representative  Christians  of  our  time,  living  in  or 
near  the  world's  metropolis,  have,  each  in  his  way,  found  God  and 
rested  on  divine  authority  ?  May  we  not  learn  from  them  not  to  depre- 
ciate any  of  the  means  whereby  God  makes  himself  known  to  men  ? 
Men  are  influenced  by  their  temperaments  and  environments  which  of 
the  three  ways  of  access  to  God  they  may  pursue. ' ' 

These  declarations  are  contrary  to  Scripture:  Isa.  viii.  20;  Matt.  x. 
32,  33;  Luke  xvi.  29-31;  John  v.  39;  John  xiv.  6;  1  John  v.  10; 
Gal.  i.  9;  2  Tim.  iii.  15-17;  2  Peter  i.  19-21. 

These  declarations  are  contrary  to  the  Standards:  Confession  of  Faith, 
Chap,  i.  Sees,  i,  v,  vi,  x;  Larger  Catechism,  questions  2,  3;  Shorter 
Catechism,  question  2. 

Charge  II. 

The  Presbyterian  Church  in  the  United  States  of  America  charges  the 
Rev.  Charles  A.  Briggs,  D.  D. ,  being  a  minister  of  the  said  Church  and 
a  member  of  the  Presbytery  of  New  York,  Avith  teaching  that  the 
Church  is  a  fountain  of  divine  authority,  which,  apart  from  the  Holy 
Scripture,  may  and  does  savingly  enlighten  men;  which  is  contrary  to 
the  essential  doctrine  of  the  Holy  Scripture  and  of  the  Standards  of  the 
said  Church,  that  the  Holy  Scripture  is  most  necessary  and  the  rule  of 
faith  and  practice. 

Specification  I.  — In  an  Inaugural  Address,  which  the  said  Rev.  Charles 
A.  Briggs,  D.  D. ,  delivered  at  the  Union  Theological  Seminary  in  the 
City  of  New  York,  January  20,  1891,  on  the  occasion  of  his  induction 
into  the  Edward  Robinson  Chair  of  Biblical  Theology,  which  Address 
has  been  published  and  extensively  circulated  with  the  knowledge  and 
approval  of  the  said  Rev.  Charles  A.  Briggs,  D.D.,  and  has  been  repub- 
lished by  him  in  a  second  edition  with  a  preface  and  an  appendix,  there 
occur  the  following  sentences: 

Page  24,  lines  7-10  and  31-33:  "  Divine  authority  is  the  only  author- 
ity to  which  man  can  yield  implicit  obedience,  on  which  he  can  rest  in 

loving  certainty  and    build  with    joyous  confidence There  are 

historically  three  great  fountains  of  divine  authority  —  the  Bible,  the 
Church  and  the  Reason." 

Page  25,  lines  1-14  inclusive:  "  (1)  The  Authority  of  the  Church. — 
The  majority  of  Christians  from  the  apostolic  age  have  found  God 
through  the  Church.  Martyrs  and  Saints,  Fathers  and  Schoolmen,  the 
profoundest  intellects,  the  saintliest  lives,  have  had  this  experience.  In- 
stitutional Christianity  has  been  to  them  the  presence-chamber  of  God. 


OP   THE    HOLY    SCRIPTURE.  4"9 

They  have  therein  and  thereby  entered  into  comiuunio]i  with  all  saints. 
It  is  difficult  for  many  Protestants  to  regard  this  experience  as  any 
other  than  pious  illusion  and  delusion.  But  what  shall  we  say  of  a 
modern  like  Newman,  who  could  not  reach  certainty,  striving  never  so 
hard,  through  the  Bible  or  the  Reason,  but  who  did  find  divine  authority 
in  the  institutions  of  the  Church  ?" 

Spedjication  II. — In  an  Inaugural  Address,  which  the  said  Rev. 
Charles  A.  Briggs,  D.  D. ,  delivered  at  the  Union  Theological  Seminary  in 
the  City  of  New  York,  January  20,  1891,  on  the  occasion  of  his  induc- 
tion into  the  Edward  Robinson  Chair  of  Biblical  Theology,  which  Address 
has  been  published  and  extensively  circulated  with  the  knowledge  and 
approval  of  the  said  Rev.  Charles  A.  Briggs,  D.  D. ,  and  has  been  repub  - 
lished  by  him  in  a  second  edition  with  a  preface  and  an  appendix,  there 
occur  the  following  sentences: 

Page  28,  lines  1-22,  are:  "  (3)  The  Authority  of  Holy  Scripture. — We 
have  examined  the  Church  and  the  Reason  as  seats  of  divine  authority  in 
an  introduction  to  our  theme,  The  Authority  of  the  Scripttires,  because 
they  open  our  eyes  to  see  mistakes  that  are  common  to  the  three  depart- 
ments. Protestant  Christianity  builds  its  faith  and  life  on  the  divine 
authority  contained  in  the  Scriptures,  and  too  often  depreciates  the 
Church  and  the  Reason.  Spurgeon  is  an  example  of  the  average  modern 
Evangelical,  who  holds  the  Protestant  position,  and  assails  the  Church 
and  Reason  in  the  interest  of  the  authority  of  Scripture.  But  the  aver- 
age opinion  of  the  Christian  world  would  not  assign  him  a  higher  place 
in  the  kingdom  of  God  than  Martineau  or  Newman.  May  we  not  con- 
clude, on  the  whole,  that  these  three  representative  Christians  of  our 
time,  living  in  or  near  the  world's  metropolis,  have,  each  in  his  way, 
found  God  and  rested  on  divine  authority  ?  May  we  not  learn  from 
them  not  to  depreciate  any  of  the  means  whereby  God  makes  himself 
known  to  men  ?  Men  are  influenced  by  their  temperaments  and  environ- 
ments which  of  the  three  ways  of  access  to  God  they  may  pursue." 

These  declarations  are  contrary  to  the  Holy  Scripture:  Isa.  viii.  20; 
Matt.  x.  32,  33;  Luke  xvi.  29-31;  John  v.  39;  John  xiv.  6;  1  John 
V.  10;  Gal.  i.  9;  2  Tim.  iii.  15-17;  2  Peter  i.  19-21. 

These  declarations  are  contrary  to  the  Standards:  Confession  of  Faith, 
Chap,  i,  Sees,  i,  v,  vi,  x;  Larger  Catechism,  questions  2,  3;  Shorter 
Catechism,  question  2. 

Charge  III. 

The  Presbyterian  Church  in  the  United  States  of  America  charges  the 
Rev.  Charles  A.  Briggs,  D.D.,  being  a  minister  of  the  said  Church  and 
a  member  of  the  Presbytery  of  New  York,  with  teaching  that  errors 
may  have  existed  in  the  original  text  of  the  Holy  Scripture,  as  it  came 
from  its  authors,  which  is  contrary  to  the  essential  doctrine  taught  in  the 
Holy  Scripture  and  in  the  Standards  of  the  said  Church,  that  the  Holy 
Scripture  is  the  Word  of  God  written,  immediately  inspired,  and  the 
rule  of  faith  and  practice. 

Specification. — In  an  Inaugural  Address,  which  the  said  Rev.  Charles 
A.  Briggs,  D.D.,  delivered  at  the  Union  Theological  Seminary  in  the 
City  of  New  York,  January  20,  1891,  on  the  occasion  of  his  induction 
into  the  Edward  Robinson  Chair  of  Biblical  Theology,  which  Address 
has  been  published  and  extensively  circulated  with  the  knowledge  and 
approval  of  the  said  Rev.  Charles  A.  Briggs,  D.  D. ,  and  has  been  repub- 
4 


50  CONFESSION    OF    FAITH,    CHAP.    I,    SECT.    II. 

lished  by  him  in  a  second  edition  with  a  preface  and  an  appendix,  there 
occur  the  following  sentences,  beginning  with  line  4  of  p.  85 : 

"  I  shall  venture  to  affirm  that,  so  far  as  I  can  see,  there  are  errors  in 
the  Scriptures,  that  no  one  has  been  able  to  explain  away ;  and  the  theory 
that  they  were  not  in  the  original  text  is  sheer  assumption,  upon  w^hich 
no  mind  can  rest  with  certainty.  If  such  errors  destroy  the  authority  of 
the  Bible,  it  is  already  destroyed  for  historians.  Men  cannot  shut  their 
eyes  to  truth  and  fact.  But  on  what  authority  do  these  theologians  drive 
men  from  the  Bible  by  this  theory  of  inerrancy  ?  The  Bible  itself 
nowhere  makes  this  claim.  The  creeds  of  the  Church  nowhere  sanction 
it.  It  is  a  ghost  of  modern  evangelicalism  to  frighten  children.  The 
Bible  has  maintained  its  authority  with  the  best  scholars  of  our  time, 
who  with  open  minds  have  been  willing  to  recognize  any  error  that  might 
be  pointed  out  by  Historical  Criticism;  for  these  errors  are  all  in  the 
circumstantials  and  not  in  the  essentials;  they  are  in  the  human  setting, 
not  in  the  precious  jewel  itself;  they  are  found  in  that  section  of  the 
Bible  that  theologians  commonly  account  for  from  the  providential 
superintendence  of  the  mind  of  the  author,  as  distinguished  from  divine 
revelation  itself.  It  may  be  that  this  providential  superintendence  gives 
infallible  guidance  in  every  particular;  and  it  may  be  that  it  differs  but 
little,  if  at  all,  from  the  providential  superintendence  of  the  fathers  and 
schoolmen  and  theologians  of  the  Christian  Church.  It  is  not  important 
for  our  purpose  that  we  should  decide  this  question.  If  we  should 
abandon  the  whole  field  of  providential  superintendence  so  far  as  inspir- 
ation and  divine  authority  are  concerned  and  limit  divine  inspiration  and 
authority  to  the  essential  contents  of  the  Bible,  to  its  religion,  faith  and 
morals,  we  would  still  have  ample  room  to  seek  divine  authority  where 
alone  it  is  essential,  or  even  important,  in  the  teaching  that  guides  our 
devotions,  our  thinking,  and  our  conduct." 

These  declarations  are  contrary  to  the  statements  of  Scripture:  Zech. 
vii.  12;  Mark  vii.  13;  Romans  iii.  1,  2;  1  Cor,  ii.  13;  Gal.  iii.  8; 
2  Peter  i.  20,  21 ;  2  Tim.  iii.  xvi. 

These  statements  are  contrary  to  the  Standards:  Confession  of  Faith, 
Chap,  i.  Sees,  i,  ii,  iv,  viii. 

Charge  IV. 

(Note. — This  charge  was  stricken  out  by  the  Presbytery  of  New  York.  The  Assem- 
bly declared  that  the  Presbytery  erred  in  so  doing,  but  did  not  sit  in  judgment  upon 
the  charge.     It  is  printed  here,  without  the  specification,  for  information.] 

The  Presbyterian  Church  in  the  United  States  of  America  charges  the 
Rev.  Charles  A.  Briggs,  D.D. ,  being  a  minister  in  said  Church  and  a 
memlier  of  the  Presbytery  of  New  York,  with  teaching  that  many  of 
the  Old  Testament  predictions  have  been  reversed  by  history,  and  that 
the  great  body  of  Messianic  prediction  has  not  been  and  cannot  be  ful- 
filled, which  is  contrary  to  the  essential  doctrine  of  Holy  Scripture  and 
of  the  Standards  of  the  said  Church,  that  God  is  true,  omniscient  and 
unchangeable. 

Charge  V, 

The  Presbyterian  Church  in  the  United  States  of  America  charges  the 
Rev.  Charles  A.  Briggs,  D.  D. ,  being  a  minister  of  the  said  Church,  and 
a  member  of  the  Presbytery  of  New  York,  with  teaching  that  Moses  is 
not  the  author  of  the  Pentateuch,  which  is  contrary  to  direct  statements 


OF    THE    HOLY    SCRIPTI'RE.  51 

of  Holy  Scripture  aud  to  the  essential  doctrines  of  the  Standards  of 
the  said  Church,  that  the  Holy  Scripture  evidences  itself  to  be  the  Word 
of  God  by  the  consent  of  all  the  parts,  and  that  the  infallible  rule  of 
interpretation  of  Scripture  is  the  Scripture  itself. 

Specification. — In  an  Inaugural  Address,  Avhich  the  said  Rev.  Charles 
A.  Briggs,  D.D. ,  delivered  at  the  Union  Theological  Seminary  in  the 
City  of  New  York,  January  20,  1891,  on  the  occasion  of  his  induction 
into  the  Edward  Robinson  Chair  of  Biblical  Theology,  which  Address 
has  been  published  and  extensively  circulated  with  the  knowledge  and 
approval  of  the  said  Rev.  Charles  A.  Briggs,  D.D.,  and  has  been  repub- 
lished by  him  in  a  second  edition  with  a  preface  and  an  appendix,  there 
occurs  the  following  sentence: 

Page  33,  lines  6-8:  "  It  may  be  regarded  as  the  certain  result  of  the 
science  of  the  Higher  Criticism  that  Moses  did  not  write  the  Pentateuch. ' ' 

This  declaration  is  contrary  to  direct  statements  of  Scripture:  Ex. 
xxiv.  4;  Num.  xxxiii.  2;  Deut.  v.  31;  Deut.  xxxi.  9;  Josh.  i.  7,  8;  1 
Kings  ii.  3;  1  Chron.  vi.  49;  Ezra  iii.  2;  Ezra  vi.  18;  Neh.  i.  7;  Luke 
xxiv.  27,  44;  John  v.  45-47;  Acts  vii.  38;  Acts  xv.  21. 

This  declaration  is  contrary  to  the  Standards:  Confession  of  Faith, 
Chap,  i.  Sees,  v  and  ix. 

Charge  VI. 

The  Presbyterian  Church  in  the  United  States  of  America  charges  the 
Rev.  Charles  A.  Briggs,  D.D.,  being  a  minister  of  the  said  Church  and 
a  member  of  the  Presbytery  of  New  York,  with  teaching  that  Isaiah  is 
not  the  author  of  half  of  the  book  that  bears  his  name,  which  is  con- 
trary to  direct  statements  of  Holy  Scripture  and  to  the  essential  doctrines 
of  the  Standards  of  the  said  Church  that  the  Holy  Scripture  evidences 
itself  to  be  the  Word  of  God  by  the  consent  of  all  the  parts,  and  that 
the  infallible  rule  of  interpretation  of  Scripture  is  the  Scripture  itself. 

Specification. — In  an  Inaugural  Address  which  the  said  Rev.  Charles 
A.  Briggs,  D.D.,  delivered  at  the  Union  Theological  Seminary  in  the 
City  of  New  York,  January  20,  1891,  on  the  occasion  of  his  induction 
into  the  Edward  Robinson  Chair  of  Biblical  Theology,  which  Address 
has  been  published  and  extensively  circulated  with  the  knowledge  and 
approval  of  the  said  Rev.  Charles  A.  Briggs,  D.D. ,  and  has  been 
republished  by  him  in  a  second  edition  with  a  preface  and  an  appendix, 
there  occurs  the  following  sentence : 

Page  33,  lines  14,  15:  "  Isaiah  did  not  write  half  of  the  book  that 
bears  his  name. ' ' 

This  declaration  is  contrary  to  direct  statements  of  Scripture:  Matt, 
iv.  14,  15;  Matt.  xii.  17,  18;  Luke  iii.  4;  Acts  xxviii.  25,  26;  John 
xii.  38,  41 ;  Rom.  x.  16,  20. 

This  declaration  is  contrary  to  the  Standards:  Confession  of  Faith, 
Chap,  i,  Sees,  v  and  ix. 

Charge  VII. 

[Note. — This  charge  was  stricken  out  by  the  Presbytery  of  New  York.  The  As- 
sembly declared  that  the  Presbytery  erred  in  so  doing,  but  did  not  sit  in  judgment 
upon  the  charge.    The  charge  is  printed  here  for  information.] 

The  Presbyterian  Church  in  the  United  States  of  America  charges  the 
Rev.  Charles  A.  Briggs,  D.D.,  being  a  minister  of  said  Church  and  a 
member  of   the  Presbytery  of  New  York,  with  teaching  that  the  pro- 


52  CONFESSION    OF    FAITH,     CHAP.    I,    SECT.    II. 

cesses  of  redemption  extend  to  the  world  to  come  in  the  case  of  many 
who  die  in  sin ;  which  is  contrary  to  the  essential  doctrine  of  Holy  Scrip- 
ture and  the  Standards  of  the  said  Church,  that  the  processes  of  redemp- 
tion are  limited  to  this  world. 

Charge  VIII. 

The  Presbyterian  Church  in  the  United  States  of  America  charges  the 
Rev.  Charles  A.  Briggs,  D.D.,  being  a  minister  of  the  said  Church 
and  a  member  of  the  Presbytery  of  New  York,  with  teaching  that  sanc- 
tification  is  not  comj^lete  at  death,  which  is  contrary  to  the  essential 
doctrine  of  Holy  Scripture  and  of  the  Standards  of  the  said  Church 
that  the  souls  of  believers  are  at  their  death  at  once  made  perfect  in 
holiness. 

Specification. — In  an  Inaugural  Address,  which  the  said  Rev.  Charles 
A,  Briggs,  D.D.,  delivered  at  the  Union  Theological  Seminary,  in  the 
City  of  New  York,  January  20,  1891,  on  the  occasion  of  his  induction 
into  the  Edward  Robinson  Chair  of  Biblical  Theology,  which  Address 
has  been  published  and  extensively  circulated  with  the  knowledge  and 
approval  of  the  said  Rev.  Charles  A.  Briggs,  D.  D. ,  and  has  been  repub- 
lished by  him  in  a  second  edition  with  a  preface  and  an  appendix,  there 
occur  the  following  sentences: 

Pages  53,  54,  55 : 

"(c)  Another  fault  of  Protestant  theology  is  in  its  limitation  of  the  pro- 
cess of  redemption  to  this  world,  and  its  neglect  of  those  vast  periods  of 
time  which  have  elapsed  for  most  men  in  the  Middle  State  between  death 
and  the  resurrection.  The  Roman  Catholic  Church  is  firmer  here, 
though  it  smears  the  Biblical  doctrine  with  not  a  few  hurtful  errors. 
The  I'eaction  against  this  limitation,  as  seen  in  the  theory  of  second  pro- 
bation, is  not  surprising.  I  do  not  find  this  doctrine  in  the  Bible,  but  I 
do  find  in  the  Bible  the  doctrine  of  a  Middle  State  of  conscious  higher 
life  in  the  communion  with  Christ  and  the  multitude  of  the  departed  of 
all  ages ;  and  of  the  necessity  of  entire  sanctification,  in  order  that  the 
work  of  redemption  may  be  completed.  There  is  no  authority  in  the 
Scriptures,  or  in  the  creeds  of  Christendom,  for  the  doctrine  of  immedi- 
ate sanctification  at  death.  The  only  sanctification  known  to  experience, 
to  Christian  orthodoxy,  and  to  the  Bible,  is  progressive  sanctification. 
Progressive  sanctification  after  death  is  the  doctrine  of  the  Bible  and 
the  Church ;  and  it  is  of  vast  importance  in  our  times  that  we  should 
understand  it,  and  live  in  accordance  with  it.  The  bugbear  of  a 
judgment  immediately  after  death,  and  the  illusion  of  a  magical  trans- 
formation in  the  dying  hour,  should  be  banished  from  the  world.  They 
are  conceits  derived  from  the  ethnic  religions,  and  without  basis  in  the 
Bible  or  Christian  experience  as  expressed  in  the  symbols  of  the  Church. 
The  former  makes  death  a  terror  to  the  best  of  men,  the  latter  makes 
human  life  and  experience  of  no  effect;  and  both  cut  the  nerves  of 
Christian  activity  and  striving  after  sanctification.  Renouncing  them  as 
hurtful,  unchristian  errors,  we  look  with  hope  and  joy  for  the  continua- 
tion of  the  processes  of  grace,  and  the  wonders  of  redemption  in  the 
company  of  the  blessed,  to  which  the  faithful  are  all  hastening." 

Inaugural  Address,  Appendix,  2d  ed.,  pages  107,  108:  "  Sanctification 
has  two  sides — a  negative  and  a  positive — mortification  and  vivification ; 
tlie  former  is  manward,  the  latter  is  Godward.  Believers  who  enter  the 
Middle  State  enter  guiltless;  they  are  pardoned  and  justified;  they  are 


OF   THE    HOLY   SCRIPT  I' KK.  53 

mantled  iu  the  blood  and  righteousness  of  Christ;  and  nothing  will  be 
able  to  separate  them  from  His  love.  They  are  also  delivered  from  all 
temptations  such  as  spring  from  without,  from  the  world  and  the  devil. 
They  are  encircled  with  influences  for  good  such  as  they  have  never  enjoyed 
before.  But  they  are  still  the  same  persons,  with  all  the  gifts  and 
graces,  and  also  the  same  habits  of  mind,  disposition  and  temper  they 
had  when  they  left  the  world.  Death  destroys  the  body.  It  does  not 
change  the  moral  and  religious  nature  of  man.  It  is  unpsychological 
and  unethical  to  suppose  that  the  character  of  the  disembodied  spirit  will 
all  be  changed  in  the  moment  of  death.  It  is  the  Manichean  heresy  to 
hold  that  sin  belongs  to  the  physical  organization  and  is  laid  aside  Avith 
the  body.  If  this  were  so,  how  can  any  of  our  race  carry  their  evil 
natures  with  them  into  the  Middle  State  and  incur  the  punishment  of 
their  sins  ?  The  eternal  punishment  of  a  man  whose  evil  nature  has 
been  stripped  from  him  by  death  and  left  in  the  grave  is  an  absurdity. 
The  Plymouth  Brethren  hold  that  there  are  two  natures  in  the  redeemed 
— the  old  man  and  the  new.  In  accordance  with  such  a  theory,  the  old 
man  might  be  cast  off  at  death.  But  this  is  only  a  more  subtle  kind  of 
Manicheism,  which  has  ever  been  regarded  as  heretical.  Sin,  as  our 
Saviour  teaches,  has  its  source  in  the  heart — in  the  higher  and  immortal 
part  of  man.  It  is  the  work  of  sanctification  to  overcome  sin  in  the 
higher  nature. ' ' 

These  declarations  are  contrary  to  Scripture:  1  Cor.  xv.  51,  52;  Heb. 
xii.  23. 

These  declarations  are  contrary  to  the  Standards:  Confession  of  Faith, 
<;)hap.  xxxii,  Sec.  i ;  Larger  Catechism,  question  86 ;  Shorter  Catechism, 
question  37. 

d.  Decision  and  final  judgment  of  the  Presbytery  of  New  York,  1893. 

The  Presbytery  of  New  York,  sitting  in  a  judicial  capacity,  January 
9,  1893,  made  and  entered  on  its  record  its  decision  and  final  judgment 
in  the  above  case,  in  the  follo^ving  words,  viz. : 

' '  The  case  of  the  Presbyterian  Church  in  the  United  States  of  Amer- 
ica against  the  Rev.  Charles  A.  Briggs,  D.D.,  ha\Tng  been  dismissed 
by  the  Presbytery  of  New  York  on  November  4,  1891,  was  remanded 
by  the  General  Assembly  of  1892  to  the  same  Presbytery,  \vith  instruc- 
tions that  '  it  be  brought  to  issue  and  tried  on  the  merits  thereof  as 
speedily  as  possible.' 

' '  In  obedience  to  this  mandate,  the  Presbytery  of  New  York  has  tried 
the  case.  It  has  listened  to  the  evidence  and  argument  of  the  Com- 
mittee of  Prosecution,  acting  in  fidelity  to  the  duty  committed  to  them. 
It  has  heard  the  defense  and  evidence  of  the  Rev.  Charles  A.  Briggs, 
presented  in  accordance  with  the  rights  secured  to  every  muiister  of  the 
Church. 

"  The  Presbytery  has  kept  in  mind  these  established  principles  of  our 
polity,  '  that  no  man  can  rightly  be  convicted  of  heresy  by  inference  or 
implication;'  that  '  in  the  interpretation  of  ambiguous  expressions 
candor  i-equires  that  a  court  should  favor  the  accused  by  putting  upon 
his  words  the  more  favorable  rather  than  the  less  favorable  construction, ' 
and  '  there  are  truths  and  forms  with  respect  to  which  men  of  good  char- 
acter may  differ. ' 

"  Giving  due  consideration  to  the  defendant's  explanation  of  the 
language  used  in  his  Inaugural  Address,  accepting  his  frank  and  full 


54  CONFESSION    OP    FAITH,     CHAP.     I,    SECT.    II. 

disclaimer  of  the  interpretation  which  has  been  put  upon  some  of  its 
phrases  and  illustrations,  crediting  his  affirmations  of  loyalty  to  the  Stan- 
dards of  the  Church  and  to  the  Holy  Scriptures  as  the  only  infallible 
rule  of  faith  and  practice,  the  Presbytery  does  not  find  that  he  has 
transgressed  the  limits  of  liberty  allowed  under  our  Constitution  to 
scholarship  and  opinion. 

"  Therefore,  without  expressing  approval  of  the  critical  or  theological 
\'iews  embodied  in  the  Inaugural  Address,  or  the  manner  in  which  they 
have  been  expressed  and  illustrated,  the  Presbytery  pronounces  the  Rev. 
Charles  A.  Briggs,  D.D.,  fully  acquitted  of  the  offenses  alleged  against 
him,  the  several  charges  and  specifications  accepted  for  probation  having 
been  '  not  sustained.'""— 1893,  pp.  232,  233. 

Against  this  action  of  the  Presbytery  of  New  York,  an  appeal  to 
the  General  Assembly  was  taken  by  the  Prosecuting  Committee  in  accor- 
dance with  the  provisions  of  Sections  94  to  102  inclusive  of  the  Book 
of  Discipline.— 1893,  p.  234. 

e.  Action  of  the  Assembly  of  1893. 
(1.)   Hearing  and  Judgment. 

The  Judicial  Committee  in  the  case  of  the  Prasbyterian  Church  in 
the  U.  S.  A.  vs.  the  Rev.  Charles  A.  Briggs,  D.D.,  reported,  and  it  was 

Resolved,  That  the  General  Assembly  finds  that  due  notice  of  appeal 
in  this  case  has  been  given,  and  that  the  appeal  and  the  specifications  of 
the  errors  alleged  have  been  filed  in  due  time,  and  that  the  appeal  is  in 
order  in  accordance  with  the  provisions  of  the  Book  of  Discipline. — 
1893,  p.  70. 

After  full  discussion  the  appeal  was  entertained,  410  to  145. — 1893, 
pp.  95-104. 

The  parties  having  been  fully  heard,  the  appeal  was  sustained:  to 
sustain  as  a  whole,  295;  to  sustain  in  part,  84;  not  to  sustain,  116. 
The  Moderator  declared  the  appeal  to  be  sustained. — 1893,  pp.  140-150. 

It  was  then  Resolved,  That  the  specifications  of  error,  excepting 
Ground  iv,  Specifications  1  and  5,  in  Judicial  Case  No.  1,  having  been 
sustained,  and  the  appeal  in  said  case  having  been  sustained,  the  question 
of  the  reversal  of  the  judgment  of  the  Presbytery  of  New  York,  of  the 
form  of  the  judgment  of  the  Assembly,  and  all  other  matters  connected 
with  the  case,  be  referred  to  a  Committee  of  fifteen,  of  which  the  Rev. 
Thomas  A.  Hoyt,  D.  D. ,  shall  be  Chairman,  said  Committee  to  report  at 
the  earliest  opportunity. — 1893,  p.  150. 

The  Judgment. 

Presbyterian    Church   in   the\ 

United  States  of  America,      I  On  appeal  from  the  final  judgment 
Appellant,  I 

\  of   the    Presbytery    of    New 

Rev.  Charles  A.  Briggs,  D.D.,  \  York. 

Appellee.  J 

This  appeal  being  regularly  issued,  and  coming  on  to  be  heard  on  the 
judgment,  the  notice  of  appeal,  the  appeal,  and  the  specifications  of 
errors  alleged,  and  the  record  in  the  case  from  the  beginning,  and  the 
reading  of  said  record  having  been  omitt.ed  by  consent,  and  the  parties 


OF   THE    He^LY   SCRIPTURE.  65 

hereto  having  been  heard  before  the  judicatory  in  argument,  and  the 
opportunity  having  been  given  to  the  members  of  the  judicatory  ap- 
pealed from  to  be  heard,  and  they  having  been  heard,  and  opportunity 
having  been  given  to  the  members  of  this  judicatory  to  be  heard,  and 
they  ha\ang  been  heard,  as  pro\'ided  by  the  Book  of  DiscipHne,  and 
the  General  Assembly,  as  a  judicatory  sitting  in  said  cause  on  appeal, 
having  sustained  the  following  specifications  of  error,  to  wit: 

All  of  said  specifications  of  errors  set  forth  in  said  five  grounds  of 
appeal,  save  and  except  the  first  and  fifth  under  the  fourth  ground  of 
appeal,  on  consideration  whereof,  this  judicatory  finds  said  appeal  should 
be  and  is  hereby  sustained,  and  that  said  Presbytery  of  New  York,  the 
judicatory  appealed  from,  erred  in  striking  out  said  amended  charges 
four  and  seven,  and  erred  in  not  sustaining,  on  the  law  and  the  evidence, 
said  amended  charges  one,  two,  three,  five,  six  and  eight ;  on  considera- 
tion whereof  this  judicatory  finds  that  said  final  judgment  of  the  Presby- 
tery of  New  York  is  erroneous,  and  should  be  and  is  hereby  reversed ; 
and  this  General  Assembly  sitting  as  a  judicatoiy  in  said  cause  coming 
now  to  enter  judgment  on  said  amended  charges,  one,  two,  three,  five, 
six  and  eight,  finds  the  appellee,  the  said  Charles  A.  Briggs,  has  uttered, 
taught  and  propagated  views,  doctrines  and  teachings,  as  set  forth  in 
said  charges  contrary  to  the  essential  doctrine  of  Holy  Scripture  and  the 
Standards  of  said  Presbyterian  Church  in  the  United  States  of  America, 
and  in  violation  of  the  ordination  vow  of  said  appellee,  which  said 
erroneous  teachings,  \'iews,  and  doctrines  strike  at  the  vitals  of  religion, 
and  have  been  industriously  spread ;  wherefore,  this  General  Assembly 
of  the  Presbyterian  Church  in  the  United  States  of  America,  sitting  as 
a  judicatory  in  this  cause  on  appeal,  does  hereby  suspend  Charles  A. 
Briggs,  the  said  appellee,  from  the  office  of  a  minister  in  the  Presby- 
terian Church  in  the  United  States  of  America,  until  such  time  as  he 
shall  give  satisfactory  evidence  of  repentance  to  the  General  Assembly  of 
the  Presbyterian  Church  in  the  United  States  of  America,  for  the  viola- 
tion by  him  of  the  said  ordination  vow  as  herein  and  heretofore  found. 

And  it  is  ordered  that  the  Stated  Clerk  of  this  General  Assembly 
transmit  a  certified  copy  of  this  judgment  to  the  Presbytery  of  New 
York,  to  be  made  a  part  of  the  record  in  this  case.  It  is  also  ordered 
that  a  copy  be  furnished  to  the  appellee,  the  Rev.  Charles  A.  Briggs, 
D.D.— 1893,  pp.  164,  165. 

e.    (2.)   Explanatory  minute — Case  of  Charles  A.  Briggs,  D.D. 

The  Committee  on  the  Judgment  in  Judicial  Case  No.  1  also  presented 
a  judicial  deliverance  and  explanatory  minute,  which  was  adopted,  as 
follows: 

Your  Committee,  to  whom  was  entrusted  the  duty  of  formulating  an 
explanatory  minute  of  this  Assembly  on  the  doctrinal  points  involved  in 
the  appeal  of  the  Committee  of  Prosecution  from  the  judgment  of  the 
Presbytery  of  New  York,  in  the  case  of  the  Presbyterian  Church  in  the 
United  States  of  America  vs.  the  Rev.  Charles  A.  Briggs,  D.  D. ,  reports 
as  follows: 

1.  We  find  that  the  doctrine  of  the  errancy  of  the  Scripture  as  it 
came  from  them  to  whom,  and  through  whom,  God  originally  com- 
municated His  revelation,  is  in  conflict  Avith  the  statements  of  the  Holy 
Scripture  itself,  which  assert  that  "  all  Scripture  "  or  "  every  Scripture  " 
is  given  by  ' '  inspiration  of  God  ' '  (2  Tim.  iii.  16);  "  That  the  prophecy 


56  CONFESSION    OF    FAITH,    CHAP.     1,    SRCT.    IT. 

came  not  of  old  by  the  will  of  man,  but  holy  men  of  God  spake  as  they 
were  moved  by  the  Holy  Ghost  "  (2  Peter  i.  12),  and  also  with  the 
statements  of  the  Standards  of  the  Church  which  assert  that  ' '  the  Holy 
Scriptures  of  the  Old  and  New  Testaments  are  the  Word  of  God" 
(Larger  Catechism,  Question  3),  "of  Infallible  Truth  "  and  "Divine 
Authority"  (Confession  of  Faith,  Chap,  i.  Sec.  v). 

2.  That  we  find  in  this  case  involved  the  questions  of  the  sufficiency 
of  the  human  reason  and  of  the  Church,  as  authorized  guides  in  the 
matter  of  salvation.  Your  Committee  recommend  that  this  General 
Assembly  declare  that  the  rea-^on  and  the  Church  are  not  to  be  regarded 
as  fountains  of  divine  authority;  that  they  are  unreliable  and  fallible, 
and  whilst  they  may,  and  no  doubt  are,  channels  or  media  through  which 
the  Holy  Spirit  may  reach  and  influence  for  good  the  human  soul,  they 
are  never  to  be  relied  upon  as  sufficient  in  themselves,  and  aside  from 
Holy  Scripture,  to  lead  the  soul  to  a  saving  knowledge  of  God.  To 
teach  that  they  are  sufficient  is  most  dangerous,  and  contrary  to  the 
Word  of  God  and  our  Standards,  and  our  ministers  and  church  members 
are  solemnly  warned  against  such  teachings. 

3.  We  find  involved  in  this  case  a  speculation  in  regard  to  the  process 
of  the  soul's  sanctification  after  death,  which  in  the  judgment  of  this 
Assembly  is  a  dangerous  hypothesis,  in  direct  conflict  with  the  plain 
teaching  of  the  divine  Word  and  the  utterance  of  the  Standards  of  our 
Church.  "  These  Standards  distinctly  declare  that  '  the  souls  of  believ- 
ers are  at  their  death  made  perfect  in  holiness,  and  do  immediately  pass 
into  glory,  while  their  bodies  being  still  united  to  Christ  do  rest  in  their 
graves  till  the  Resurrection'  "  (Shorter  Catechism,  Question  37;  2 
Cor.  V.  8;  Phil.  i.  23;  John  xvii.  24). 

The  judgment,  with  the  judicial  deliverance  and  explanatory  minute, 
were  ordered  to  be  entered  on  the  record,  and  the  Stated  Clerk  was 
directed  to  forward  a  copy  of  the  same  to  the  Presbytery  of  New  York, 
and  also  to  the  appellee,  the  Rev.  Charles  A.  Briggs,  D.D. — 1893,  pp. 
164,  165. 

4.  Protest  against  action  of  the  Assembly  on  inerrancy. 

The  Rev.  Herrick  Johnson,  D.D.,  LL.D.,  for  himself  and  others,  pre- 
sented the  following  protest,  which  was  received  and  ordered  to  be  recorded : 

The  undersigned  enter  respectful  and  earnest  protest  against  the  action 
of  this  Assembly  which  declares  the  inerrancy  of  the  original  autographs 
of  Scripture  to  be  the  faith  of  the  Church.  We  protest  against  this 
action. 

1 .  Because  it  is  insisting  upon  a  certain  theory  of  inspiration,  when 
our  Standards  have  hitherto  only  emphasized  the  fact  of  inspiration.  So 
far  as  the  original  manuscript  came  from  God,  undoubtedly  it  was  with- 
out error.  But  we  have  no  means  of  determining  how  far  God  controlled 
the  penmen  in  transcribing  from  documents  in  matters  purely  circum- 
stantial. 

2.  Because  it  is  dogmatizing  on  a  matter  of  which,  necessarily,  we 
can  have  no  positive  knowledge. 

3.  Because  it  is  insisting  upon  an  interpretation  of  our  Standards 
which  they  have  never  borne,  and  which,  on  their  face,  is  impossible. 
No  man  in  subscribing  to  his  belief  in  the  Scriptures  as  the  AVord  of 
God,  and  the  only  infallible  rule  of  faith  and  practice,  has  his  mind  on 
the  original  autograplis. 


OF   THE    HOLY   SCRIPTURE.  57 

4.  Because  it  is  setting  up  an  imaginary  Bible  as  a  test  of  orthodoxy. 
If  an  iuerrant  original  Bible  is  vital  to  faith,  we  cannot  escape  the 
conclusion  that  an  inerrant  present  Bible  is  vital  to  faith. 

5.  Because  it  is  disparaging  the  Bible  we  have,  and  endangering  its 
authority  under  the  pressure  of  a  prevalent  hostile  criticism.  It  seems 
like  flying  for  shelter  to  an  original  autograph,  when  the  Bible  we  have 
in  our  hands  to-day  is  our  impregnable  defense. 

Believing  these  present  Scriptures  to  be  "  the  very  Word  of  God  ' ' 
and  "  immediately  inspired  by  God,"  "kept  pure  in  all  ages"  and 
' '  our  only  infallible  rule  of  faith  and  practice, ' '  notwithstanding  some 
apparent  discrepancies  in  matters  purely  circumstantial,  we  earnestly 
protest  against  the  imposing  of  this  new  interpretation  of  our  Standards 
upon  the  Church,  to  bind  men's  consciences  by  enforced  subscription  to 
its  terms. — 1893,  p.  167. 

5.  Answer  to  the  foregoing  protest. 

The  Committee  appointed  to  prepare  an  answer  to  the  protest  of  Revs. 
Herrick  Johnson,  D.D.,  LL.D.,  S.  J.  Niccolls,  D.D.,  LL.D.,  and 
others,  presented  its  report,  which  was  received,  and  is  as  follows: 

As  already  announced  by  this  General  Assembly,  the  deliverance  of 
the  Portland  Assembly,  and  the  deliverances  of  this  body,  touching  the 
inspiration  of  the  Holy  Scriptures,  impose  no  new  test  of  orthodoxy, 
nor  do  they  set  forth  any  theory  of  inspiration,  but  only  reafiirm  the 
statements  of  our  Confession  of  Faith,  Chap,  i,  Sees,  i,  ii,  iv,  v,  viii,  x, 
and  the  Larger  Catechism,  Ques.  3 ;  statements  to  which  every  minister 
and  every  elder  in  the  Church  gives  his  assent  at  his  ordination  in 
response  to  the  following  question:  "  Do  you  believe  the  Scriptures  of 
the  Old  and  New  Testaments  to  be  the  Word  of  God,  the  only  infallible 
rule  of  faith  and  practice  ?" 

We  can,  therefore,  say  Avith  the  protestants,  we  believe  ' '  these  present 
Scriptures  to  be  the  very  Word  of  God, ' '  and  ' '  immediately  inspired 
by  God,"  "  kept  pure  in  all  ages,"  and  "  our  only  infallible  rule  of 
faith  and  practice  ;' '  while  if  errors  were  found  in  the  original  autographs 
they  could  not  have  proceeded  from  "  God,  who  is  truth  itself,  the 
author  thereof. ' '  In  behalf  of  the  Committee, 

E.   D.   Warfield,   Chairman. 
—1893,  p.  169. 

6.  The  Bible  as  we  now  have  it  is  the  very  Word  of  God. 

[See  below,  Chap,  i.  Sec.  viii.] 

7.  The  General  Assembly  makes  no  new  definitions  of  dogma. 

Overture  from  the  Presbytery  of  Rochester,  declaring  that  said 
"  Presbytery  viewed  with  apprehension  the  attempt  of  the  General  As- 
sembly to  make  new  definitions  of  dogma,  by  deliverance  and  by  judicial 
decision,  and  expresses  its  conviction  that  no  doctrinal  statement,  which 
is  not  explicitly  contained  in  the  Confession  of  Faith  and  Catechisms  of 
the  Church,  is  binding  on  the  ofl[ice  bearers."  We  recommend  the  fol- 
lowing action:  The  General  Assembly  has  never  undertaken  to  make 
new  definitions  of  dogma,  either  by  deliverance  or  judicial  decision,  and 
we  hope  that' this  declaration  of  former  Assemblies  repeated  by  this 
General  Assembly  will  allay  the  apprehensions  of  our  worthy  brethren 
of  this  Presbytery.     Adopted. — 1894,  p.  45. 


68  CONFESSION    OF    FAITH,    CHAP,    I,  SECT.    II. 

8.  Case  of  the  Rev.  Henry  Preserved  Smith,  D.D.,  on  an  appeal  from 
the  decision  of  the  Synod  of  Ohio. 

a.    Charges  and  specifications. 

[Note. — On  the  12th  of  December,  1892,  the  Presbytery  of  Cincinnati  found  the 
Rev.  Henry  Preserved  Smith  guilty  on  two  out  of  three  charges.  The  charges  sus- 
tained are  as  follows ;] 

Charge  II. 

The  Presbyterian  Church  in  the  United  States  of  America  charges 
the  Rev.  Henry  Preserved  Smith,  D.D.,  being  a  minister  in  said  Church 
and  a  member  of  the  Presbytery  of  Cincinnati,  with  teaching,  in  a  pam- 
phlet entitled  "  Biblical  Scholarship  and  Inspiration,"  contrary  to  a 
fundamental  doctrine  of  the  Word  of  God  and  the  Confession  of  Faith, 
that  the  Holy  Spirit  did  not  so  control  the  inspired  writers  in  their 
composition  of  the  Holy  Scriptures  as  to  make  their  utterances  absolutely 
truthful,  i.  e.,  free  from  error  when  interpreted  in  their  natural  and 
intended  sense. 

SPECIFICATION    I. 

In  a  pamphlet  entitled  ' '  Biblical  Scholarship  and  Inspiration, ' '  pub- 
lished by  the  said  Rev.  Henry  Preserved  Smith,  D.  D. ,  in  different 
editions  in  the  year  1891,  which  pamphlet  has  been  extensively  circu- 
lated with  his  knowledge  and  approval,  he  teaches  that  the  inspired 
author  of  Chronicles  has  asserted  sundry  errors  of  historic  fact. — Pages 
92,  100,  101  and  102,  cited  below. 

SPECIFICATION  II. 

In  the  pamphlet  referred  to  in  Specification  I,  he  teaches  that  the 
inspired  author  of  Chronicles  has  suppressed  sundry  historic  truths, 
owing  to  inability  or  unwilKngness  to  believe  them. — Pages  104,  105, 
107,  109  cited  below. 

SPECIFICATION    III. 

In  the  pamphlet  referred  to  in  Specification  I,  he  teaches  that  the 
inspired  author  of  Chronicles  incorporated  into  his  narrative  and  en- 
dorsed by  his  authority  material  drawn  from  unreliable  sources. — Pages 
101,  103,  cited  below. 

SPECIFICATION    IV. 

In  the  pamphlet  referred  to  in  Specification  I,  he  teaches  that  the 
historic  unreliability  of  the  inspired  author  of  Chronicles  was  so  great 
that  the  truth  of  history  therein  contained  can  only  be  discovered  by 
such  investigation,  discrimination  and  sifting  as  is  necessary  to  the  dis- 
covery of  the  truth  in  histories  by  uninspired  and  fallible  men. — Page 
100,  cited  below. 

SPECIFICATION    V. 

In  the  pamphlet  referred  to  in  Specification  I,  he  teaches  the  historic 
unreliability  of  the  inspired  author  of  Chronicles  to  have  been  such  that 
' '  the  truth  of  events ' '  cannot  be  ascertained  from  what  he  actually 
asserts,  but  from  what  he  unwittingly  reveals. — Pages  100,  108,  109, 
cited  below. 

SPECIFICATION    VI. 

In  the  pamphlet  referred  to  in  Specification  I,  he  teaches  that  the 
historic  unreliability  of  the  inspired  author  of  Chronicles  extended  to 


OF   THE    HOLY   SCRIPTURE.  59 

other  inspired  historic  writers  of  the  Old  Testament. — Page  102,  cited 
below. 

SPECIFICATION   VII. 

In  the  pamphlet  referred  to  in  Specification  I,  he  teaches  that  the 
historic  unreliability  charged  by  him  upon  the  inspired  historical  writers 
of  the  Old  Testament  is  chargeable,  though  in  a  less  degree,  upon  the 
inspired  writers  of  the  New  Testament. — Page  115,  cited  below. 

SPECIFICATION    VIII. 

In  the  pamphlet  referred  to  in  Specification  I,  he  teaches  that  the 
disclosures  of  religious  experience  given  by  the  inspired  authors  of  the 
Psalms  are  not  in  accord  with  the  mind  of  the  Holy  Spirit,  and  free 
from  moral  defect. — Page  101,  cited  below. 

SPECIFICATION   IX. 

In  the  pamphlet  referred  to  in  Specification  I,  he  teaches  that  the 
assertions  made  by  the  inspired  authors  of  the  Psalms  are  not  to  be  relied 
upon  as  absolutely  true. — Page  101,  cited  below. 

SPECIFICATION   X. 

In  the  pamphlet  referred  to  in  Specification  I,  he  teaches  that  the  last 
twenty -seven  chapters  of  the  Book  of  Isaiah  are  not  correctly  ascribed 
to  him. — Pages  95,  96,  cited  below. 

SPECIFICATION    XI. 

In  the  pamphlet  referred  to  in  Specification  I,  he  specifically  affirms 
the  impossibility  of  the  Old  Testament  Scriptures  being  free  from  all 
error  of  fact. — Page  92,  cited  below. 

Quotations  from  "Biblical  Scholarship  and  Inspiration.'^ 

Page  92 :  "I  have  always  supposed  Dr.  Charles  Hodge  to  mean  the 
same  thing  when  he  says  {TheoL,  i,  152)  that  the  Scriptures  are  *  free 
from  all  error,  whether  of  doctrine,  fact  or  precept.'  If  what  the 
sacred  writers  assert,  he  says  later  (p.  163),  '  God  asserts,  which,  as 
has  been  shown,  is  the  Scriptural  idea  of  inspiration,  their  assertions 
must  be  free  from  error. '  Again,  he  says,  '  The  whole  Bible  was  written 
under  such  an  influence  as  preserved  its  human  authors  from  all  error, 
and  makes  it  for  the  Church  the  infallible  rule  of  faith  and  practice.' 
Notice  there  are  hm  statements  here.  Had  Dr.  Hodge  contented  himself 
with  affirming  that  the  whole  Bible  was  written  '  under  such  an  influence 
as  makes  it  for  the  Church  the  infallible  rule  of  faith  and  practice,'  no 
one  could  have  objected.  The  other  clause  is  the  one  to  which  we  object, 
and  whose  application  to  the  Old  Testament  I  affirm  to  be  impossible." 

Pages  94  and  95 :  "  The  first  class  of  facts  is  the  least  important,  and 
may  be  said  not  to  bear  upon  inerrancy.  It  includes  the  cases  where 
writings  have  been  included  in  the  books  of  those  who  were  not  their 
authors 

"  Strictly  speaking,  the  hypothesis  does  not  contradict  the  doctrine  of 
inerrancy,  and  I  should  not  have  alluded  to  it  except  to  prepare  the  way 
for  a  similar  case  which  has  made  no  small  scandal  in  the  theological 
world.  I  allude,  of  course,  to  the  Book  of  Isaiah.  'Divest  your  mind 
now  of  preconceptions,  and  look  at  this  case.  Let  us  suppose  the  redac- 
tor of  the  book  of  the  minor  prophets  to  have  had  a  Book  of  Isaiah, 
which  included  only  the  first  thirty -nine  chapters  of  our  book  of  that 


€0  CONFESSION    OF    FAITH,    CHAP.    I,    SECT.    II. 

name.  He  has  also  in  his  possession  the  magnificent  evangelical  prophecy 
which  is  (p.  95)  more  familiar  to  us  than  almost  any  other  part  of  the 
Old  Testament.  He  does  not  know  the  author's  name,  or  perhaps  it  is 
uot  safe  to  have  it  known.  What  more  likely  than  that  he  should  make 
of  it  an  appendix  to  the  book  of  the  kindred  prophet — the  two  together 
make  up  a  roll  about  the  size  of  the  book  of  the  twelve  ?  This  would 
not  be  out  of  harmony  with  the  process  of  gathering  the  other  book,  and 
the  only  way  in  which  it  would  violate  the  strictest  theory  of  inspiration 
is  in  making  appear  as  Isaiah's  what  is  not  his." 

Page  96 :  "  Read  this  and  you  will  feel  that  the  message  could  have 
come  with  appropriateness  to  the  people  in  the  captivity,  and  not  to  the 
people  of  Isaiah's  time,  whose  situation  was  so  difierent.  This  is,  at  any 
rate,  the  conclusion  of  the  majority  of  the  critics.  No  one  denies  the 
genuineness  of  the  prophecy ;  no  one  denies  that  it  is  a  genuine  prophecy 
that  is,  and  this  being  admitted,  it  gains  in  force  and  beauty  on  the  criti- 
cal theory." 

Page  100:  "  For  arguing  on  the  basis  of  individual  style,  we  discover 
that  the  redactor  has  generally  left  unaltered  the  documents  he  has 
embodied  in  his  narrative.  His  supervision  has  generally  gone  only  so 
far  as  to  make  an  occasional  note,  or  insert  a  connecting  phrase.  Or 
does  his  inerrancy  extend  simply  to  the  reproduction,  so  that  our  confi- 
dence extends  only  to  the  accuracy  of  his  quotation  ?  This,  indeed,  is 
Avhat  the  critics  generally  accept.  But  it  is  far  from  what  the  advocates 
of  inerrancy  claim.  Unless  we  can  assume  the  standing  miracle,  the 
historical  sources  of  the  Old  Testament  need,  in  order  to  discover  the 
truth  of  events,  the  same  sort  of  analysis,  sifting  and  cross-questioning 
that  must  be  given  to  other  sources  of  history,  and  this  analysis,  sifting 
and  cross-questioning,  is  precisely — higher  criticism." 

Page  101:  "  The  value  of  the  Book  of  Job  lies  in  the  spectacle  of  a 
human  soul  in  the  direst  affliction,  working  through  its  doubts,  and  at 
last  humbly  confessing  its  weakness  and  sinfulness  in  the  presence  of  its 
Maker.  The  inerrancy  is  in  the  truth  of  the  picture  presented.  It 
cannot  be  located  in  any  statement  of  the  author  or  of  any  of  his  char- 
acters. .  The  same  is  true  of  the  Psalms.  They  present  us  a  picture  of 
pious  experience  in  all  its  phases.  We  see  every  variety  of  soul  in  every 
variety  of  emotion.  The  assertions  of  the  authors  cannot  be  taken  for 
absolute  truth 

"  The  Psalms  present  us  a  record  of  actual  experience  of  believers  in 
the  i^ast.  We  can  study  and  profit  by  this  experience  all  the  more  that 
it  has  in  it  human  weakness.  The  subjects  of  the  experience  doubtless 
had  the  power  of  correctly  expressing  their  feelings,  but  that  is  not  the 
inerrancy  which  has  been  claimed  for  them,  and  which  the  theologians 
desire.  The  imprecations,  which  have  been  such  a  stumbling-block  to 
some,  are  enough  to  prove  this  point." 

Pages  101-103:  (101)  "  So  far  we  have  noticed  the  difficulty  of  apply- 
ing the  theory  of  inerrancy.  We  are  in  a  position,  however,  to  go 
further.  We  have,  as  you  know,  two  parallel  histories  in  the  [102]  Old 
Testament.  One  is  contained  in  the  books  from  Genesis  to  2  Kings;  the 
other  is  contained  in  the  Books  of  Chronicles.  These  latter,  indeed, 
once  were  joined  with  Ezra  and  Nehemiah,  so  as  to  form  a  continuous 
narrative  (if  narrative  it  may  be  called,  where  so  much  is  simply  genea- 
logical) from  Adam  to  the  Persian  monarchy.  But  this  does  not  now  con- 
cern us.     For  our  present  inquiry,  we  are  interested  in  the  two  forms  of 


OF   THE   HOLY   SCRIPTURE.  61 

the  history  of  Israel  as  presented  on  the  one  side  by  the  Books  of  Samuel 
and  Kings;  and  on  the  other  in  the  Books  of  Chronicles.  The  study  of 
these  books  shows  the  method  of  the  authors  with  a  definiteness  which 
leaves  nothing  to  be  desired.  We  see  that  the  chronicler  had  before  him 
our  Book  of  Kings  as  one  of  his  sources.  He  takes  from  it  what  suits 
his  purpose.  What  he  takes  he  generally  transfers  without  material 
change.  He  omits  a  good  deal  which  does  not  answer  his  purpose,  and 
he  inserts  a  good  deal  from  other  sources.  He  pursues  exactly  the  plan, 
that  is,  which  we  suppose  to  have  been  followed  by  the  other  historical 
writers.  Now  compare  the  following  passages."  (Dr.  Smith  then 
compares  2  Sam.  viii.  4  with  1  Chron.  xviii.  3;  2  Sam.  x.  16  with 
1  Chron.  xxix.  6;  2  Sam.  x.  18  with  1  Chron.  xix.  18;  2  Sam.  xxiv. 
9  with  1  Chron.  xxi.  5 ;  2  Sam.  xxxiv.  24  with  1  Chron.  xxi.  25 ;  1 
Kings  iv.  26  with  2  Chron.  ix.  25 ;  1  Kings  xvi.  2  with  2  Chron.  iii.  4, 
and  1  Kings  vii.  26  with  2  Chron.  iv.  5. ) 

Page  103:  "  Now  it  will  be  said  at  once  that  these  are  all  discrepancies 
in  numbers,  which  are  very  liable  to  corruption,  and  that,  therefore,  these 
are  all  cases  of  error  in  transmission.  But  I  ask  you  to  notice  that  these 
are  all,  but  one,  cases  in  which  the  larger  number  is  in  the  text  of  the 
chronicler.  Where  the  age  of  a  king  or  the  length  of  his  reign  is  con- 
cerned, I  have  not  taken  account  of  the  difference.  But  in  matters  of 
statistics  it  is  curious  that  the  errors  should  be  nearly  all  one  way.  Re- 
membering that  the  chronicler  was  much  further  away  in  time  from  the 
events  narrated,  we  find  it  natural  that  he  should  have  an  exaggerated 
idea  of  the  resources  of  his  country  in  the  days  of  her  glory.  In  the  case 
of  David's  purchase  of  the  field  of  Oman,  he  finds  the  price  a  niggardly 
one  for  the  prince  to  pay.  He,  therefore,  does  not  hesitate  (supposing 
that  a  mistake  has  been  made)  to  put  in  a  larger  sum.  Of  course  we 
need  not  lay  this  to  the  charge  of  the  final  redactor  of  the  book.  He  had 
probably  before  him  other  written  elaborations  of  the  history  in  which 
his  exaggerated  idea  of  the  past  was  already  embodied.  The  personal 
equation  is  as  difficult  to  suppress  in  the  historian  as  is  individuality  of 
style.     Why  should  one  be  overruled  any  more  than  the  other  ?  " 

Page  104:  "  Now,  we  all  know  how  difficult  it  is  to  picture  to  ourselves 
a  different  piety  from  our  own.  Abraham,  the  Father  of  the  Faithful, 
we  picture  to  ourselves  as  an  enlightened  Christian  of  the  nineteenth 
century.  We  do  not  like  to  confess  that  he  was  guilty  of  deception,  or 
that  Jacob,  the  prince  of  God,  took  an  unfair  advantage  of  his  own 
brother.  So  with  the  chronicler.  He  could  think  of  David  only  as  a 
saint  of  his  own  pattern.  Therefore  he  does  not  copy  from  the  older 
history  the  shadows  that  rest  upon  David's  life — his  adultery,  the  trouble 
with  Amnon,  the  usurpation  of  Absalom  and  Adonijah,  the  charge  of 
vengeance  he  delivered  to  Solomon—  these  are  left  out  of  his  history  alto- 
gether. To  him  David  is  the  nursing  father  of  the  legitimate  priest- 
hood, and  the  virtual  builder  of  the  Temple." 

Pages  104,  105:  "  But  you  will  say  this  does  not  give  us  error  in  the 
record.  Let  me  then  call  attention  to  the  following:  [Dr.  Smith  then 
compares  1  Kings  ix.  11  with  2  Chron.  viii.  2;  and  1  Kings  xv.  14 
with  2  Chron.  xiv.  3-5.] 

"  These  certainly  look  on  their  face  like  direct  contradictions,  and  if 
we  allow  for  the  personal  equation  of  which  I  have  spoken,  we  can 
easily  explain  them.  It  would  be  hard,  indeed,  for  a  Jew  of  the  Persian 
period  to  imagine  Solomon  giving  away  the  sacred  territory  of  Israel  to 


62  CONFESSION    OF    FAITH,    CHAP.    I,    SECT.    II. 

the  heathen  king.  Rather  must  he  sujipose  the  mighty  Solomon  to  he 
the  recipient  of  gifts  of  territory.  The  same  line  of  reasoning  is  [105] 
followed  in  the  second  quotation.  The  high  places  were  the  old  sanctu- 
aries of  Jehovah,  regarded  as  legitimate  before  the  building  of  the 
Temple,  even  by  the  author  of  the  Book  of  Kings  (1  Kings  iii.  2),  and 
used  without  reserve  by  Samuel.  As  time  went  on  they  fell  more  and 
more  into  disrepute,  and  after  the  exile  the  requirements  of  the  law  were 
carried  out,  and  the  only  sanctuary  of  the  people  was  the  temple  at 
Jerusalem.  The  remembrance  of  the  high  places  was  only  that  of 
illegitimate  places  of  worship.  The  chronicler  and  his  generation  could 
not  imagine  a  good  king  as  even  tolerating  them.  Hence  the  change  in 
his  account." 

Pages  108,  109:  "  It  is  clear  that  we  cannot  ascribe  freedom  from  error 
to  the  statements  of  a  book  compiled  in  this  way.  You  will  say,  then  it 
should  be  cast  out  of  the  Canon.  To  which  I  reply,  by  no  means.  The 
Book  of  Chronicles  is  invaluable  to  us,  not  for  what  it  directly  teaches, 
but  for  the  light  it  throws  indirectly  upon  its  own  time.  What  the  Jews 
of  the  Persian  monarchy  were  thinking,  how  they  regarded  the  older 
histoiy,  how  they  were  preparing  the  way  for  the  scribes  and  Pharisees, 
for  the  crucifixion  and  the  Roman  war,  for  the  Talmud  and  Barkochba 
— this  is  made  known  to  us  in  the  Book  of  Chronicles  and  by  almost  no 
other  book  in  the  Bible.  But  it  is  made  known  to  us  by  reading  between 
the  lines,  that  is  to  say,  by  considering  and  weighing  not  what  the 
author  says  of  othei's,  but  by  what  he  betrays  of  himself.  What  is  the 
truth  of  history,  my  friends  ?  Is  it  simply  the  narrative  of  events 
definitely  defined,  and  labeled,  and  arranged  in  order  ?  Is  it  a  catalogue 
of  kings,  of  each  of  which  it  records  that  he  was  born,  made  war  and 
died  ?  Is  it  not  rather  a  series  of  pictures,  each  of  which  describes  an 
age  with  its  thoughts,  its  aspirations,  its  ideals  ?  If  so,  sacred  history 
cannot  be  made  up  by  a  string  of  inerrant  statements. ' ' 

Note,  page  108:  "As  some  questions  have  been  raised  by  my  assertions 
about  the  chronicler,  I  will  add  that  of  course  I  do  not  suppose  him 
guilty  of  intentional  falsification  of  the  record.  He  had  before  him,  it 
would  appear,  a  considerable  literature  which  commented  on  the  history 
in  the  spirit  of  the  time — his  changes  are  made  from  these  documents. 
The  ideas  which  govern  this  literatui'e  were  a  part  of  the  mental  furni- 
ture of  the  chronicler  himself.  His  inspiration,  which  made  him  a 
source  of  religious  edification  to  his  contemporaries,  and  which  makes  his 
work  still  a  part  of  the  infallible  rule  of  faith,  did  not  correct  his  his- 
torical point  of  view,  any  more  than  it  corrected  his  scientific  point  of 
view,  which  no  doubt  made  the  earth  the  centre  of  the  solar  system." 

Page  109:  "It  must  show  unconsciously  and  by  suggestion  the  spirit 
that  informs  the  Church  of  God  and  makes  it  live  and  grow.  To  secure 
us  an  inerrant  chronicle  of  dates  and  names  would  not  give  us  this 
history.  To  give  us  the  pictures  of  the  men  drawn  by  themselves  is  to 
give  us  this  history.  To  discover  these  pictures,  and  to  locate  them, 
and  set  them  in  their  true  light,  is  the  work  of  Biblical  theology  working 
by  criticism." 

Page  115 :  "Only  it  should  be  observed  that  the  chances  for  error  in  the 
Old  Testament  are  much  greater  than  in  the  New  Testament.  The  Old 
Testament  took  form  in  a  cruder  state  of  society  and  its  books  cover  a 
much  greater  period  of  time  than  is  the  case  in  the  New  Testament. 
We  should  naturally  expect  greater  difficulties  in  the  Old  Testament. 


OF   THE   HOLY   SCRIPTURE.  63 

The  caution  exercised  with  regard  to  d  priori  theories  in  regard  to  the 
New  Testament  commends  itself  with  double  force,  when  we  come  to  the 
Old." 

These  declarations  are  contrary  to  the  Scriptures:  2  Tim.  iii.  16,  17; 
2  Peter  i.  20,  21;  2  Peter  iii.  15,  16,  R.V.;  John  x.  34-36;  Deut.  iv. 
2;  Rev.  xxii.  18,  19;  Exod.  iv.  14-16;  Num.  xvi.  28-30,  33;  Num. 
xxiii.  7,  8;  Num.  xxiii.  12,  13;  Num.  xxiii.  25,  26;  Num.  xxiv.  12, 
13;  1  Cor.  x.  11;  1  Cor.  xiv.  37;  Num.  xii.  6-8;  Deut.  xxviii.  1,  15; 
Jer.  xxxvi.  16;  Isa.  li.  1-6;  Jer,  i.  9;  Jer.  ii.  1;  Psa.  xcv.  7,  8;  Heb. 
iii.  7,  8;  Heb.  i.  1,  2,  R.V.;  Jer.  xxxi.  33;  Heb.  x.  15,  16,  R.V.; 
Matt.  X.  19,  20;  Luke  xii.  11,  12;  John  xiv.  26;  John  xvi.  13-15; 
Luke  xxiv.  27;  Luke  xxiv.  44,  45;  John  v.  46,  47;  Matt.  iv.  4,  7, 
10;  Matt.  V.  17,  18;  Isa.  viii.  20;  1  Peter  i.  23,  25;  2  Sam.  xxiii.  2; 
Psa.  xix.  7;  Dan.  x.  21;  Num.  xxiii.  19;  Psa.  cxix.  160;  Prov.  xxx. 
5,  6;  Matt.  i.  22,  cf.  also  R.V. ;  Acts  i.  16;  John  xvii.  16,  17;  Matt. 
xxiv.  35;  Matt.  xxii.  29,  32;  John  xvii.  12;  Acts  xxiv.  14;  Mark  xii. 
36;  Actsiv.  24,  25;  Acts  iii.  21;  1  Thess.  ii.  13;  GaL  iii.  8;  Gal.  iii. 
16;  1  Peter  i.  10,  11 ;  James  iv.  5,  cf.  also  R.V.  ;  John  xix.  24;  John 
xix.  36,  37;  Matt.  iii.  3,  cf.  Isa.  xl.  3;  Matt.  viii.  17,  cf.  Isa.  liii.  4; 
Matt.  xii.  17,  18;  Matt.  xii.  17,  cf.  Isa.  xl.  1;  Luke  iii.  4,  5,  6,  cf 
Isa.  xl.  3,  4,  5;  Luke  iv.  17-19,  cf  Isa.  Ixi.  1,  2;  John  i.  23,  cf 
Isa.  xl.  3;  Rom.  x.  16,  20;  John  xii.  38,  cf  Isa.  liii.  1;  Acts  viii.  28, 
30,  cf  Isa.  liii.  7,  8. 

These  declarations  are  contrary  to  our  Standards :  Confession  of  Faith, 
Chap,  i.  Sees,  i,  ii,  iv,  v,  viii,  ix,  x;  Chap,  xiv,  Sec.  ii;  Larger  Cate- 
chism, [questions]  2  and  3,  4  and  157. 

Charge  III. 

The  Presbyterian  Church  in  the  United  States  of  America  charges  the 
Rev.  Henry  Preserved  Smith,  D.D.,  a  minister  in  said  Church,  a  mem- 
ber of  the  Presbytery  of  Cincinnati,  in  a  pamphlet  entitled  "  Biblical 
Scholarship  and  Inspiration, ' '  while  alleging  that  the  Holy  Scriptures 
are  inspired,  and  an  infallible  rule  of  faith  and  practice,  with  denying 
in  fact  their  inspiration  in  the  sense  in  which  inspiration  is  attributed  to 
the  Holy  Scriptures,  by  the  Holy  Scriptures  themselves  and  by  the 
Confession  of  Faith. 

SPECIFICATION    I. 

In  a  pamphlet  entitled  ' '  Biblical  Scholarship  and  Inspiration, ' '  pub- 
lished by  the  said  Rev.  Henry  Preserved  Smith,  D.D.,  in  different 
editions  in  the  year  1891,  which  pamphlet  has  been  extensively  circulated 
with  his  knowledge  and  approval,  he  teaches  that  the  inspiration  of  the 
Holy  Scriptures  is  consistent  with  the  unprofitableness  of  portions  of  the 
sacred  writings. — Page  116,  cited  below. 

SPECIFICATION    II, 

In  the  pamphlet  referred  to  in  Specification  I,  he  teaches  that  the 
inspiration  of  the  Holy  Scriptures  is  consistent  with  error  of  fact  in  their 
affirmations.— Pages  92,  95,  96,  100,  101,  102,  103,  104,  105,  107,  109, 
115,  cited  under  Charge  II;  93,  cited  below. 

SPECIFICATION    III. 

In  the  pamphlet  referred  to  in  Specification  I,  he  teaches  that  the 
inspiration  of  the  Holy  Scriptures  is  consistent  with  such  unreliability  in 


64  CONFESSION    OF    FAITH,    CHAP.     I,    SECT.    II. 

their  utterances  that  the  truth  of  events  cannot  be  ascertained  from  their 
utterances  themselves. — Pages  100,  102,  108,  109,  cited  under  Charge  11. 

SPECIFICATION  IV. 

In  the  pamphlet  referred  to  in  Specification  I,  he  teaches  that  the 
inspiration  of  the  Holy  Scriptures  is  consistent  with  a  bias  in  the  inspired 
writers,  rendering  them  incapable  of  recording  the  truth  of  events 
because  incapable  of  believing  it. — Pages  104,  105,  107,  109,  cited 
under  Charge  II. 

Quotations  from  "Biblieal  Scholarship  and  Inspiration.^' 

Page  116:  "  All  Scripture  is  God -inspired — true.  But  the  remarkable 
thing  is  that  the  text  affirms  more  than  this.  All  Scripture  is  not  only 
God-inspired,  but  all  Scripture  is  '  profitable  for  teaching,  for  reproof, 
for  correction,  for  instruction  which  is  in  righteousness ;  that  the  man  of 
God  may  be  furnished  completely  unto  every  good  work.'  This  seems 
to  me  the  hardest  part  of  it.  I  find  no  difficulty  in  supposing  the  list  of 
dukes  of  Edom  God-inspired,  even  though  in  the  original  autographs  it 
had  some  names  wrongly  placed,  but  do  you  make  it  profitable  for 
instruction  in  righteousness  ?  Do  you  make  it  profitable  to  yourself  for 
completely  furnishing  yourself  to  every  good  work  ?  If  not,  you  can 
not  lightly  condemn  me  for  not  drawing  your  deduction  from  its  inspira- 
tion. ' ' 

Page  93:  "  First,  however,  allow  me  a  word  of  personal  explanation. 
Some  years  ago,  when  a  candidate  for  ordination,  I  received  as  a  text 
for  my  trial  sermon  the  well-known  passage  of  2  Timothy:  'All  Scrip- 
ture is  given  by  inspiration  of  God.'  In  that  sermon  I  took  the 
very  ground  of  the  authors  I  have  been  quoting.  For  more  than  fifteen 
years  since  that  time  I  have  been  engaged  in  direct  daily  study  of  the 
Old  Testament.  It  has  been  my  duty  to  familiarize  myself  with  the 
facts  of  the  record,  and  as  well  with  the  statements  of  scholars  about 
these  facts.  I  well  recall  the  reluctance  which  I  felt  to  read  some 
books  which  departed  from  'the  views  commonly  received  among  us,' 
and  on  reflection  I  cannot  convict  myself  of  undue  sympathy  with 
German  mysticism  or  rationalism.  But  I  have  felt  it  my  duty  to  know 
facts,  and  I  sincerely  believe  that  the  truth  of  God  is  evident  in  all  the 
facts  of  His  Word.  But  in  the  examination  of  facts  to  which  I  now 
proceed,  remember  that  it  is  my  desire  to  give  no  one  pain,  and  I  ask 
you  not  to  take  my  statement,  but  to  examine  the  record  itself." 

b.  Finding  and  judgment  of  the  Presbytery  of  Cincinnati. 

On  December  13,  Presbytery  suspended  the  accused  from  the  ministry 
in  the  following  action: 

"  Charges  II  and  III  have  thus  been  proved,  and  Dr.  Smith  is  found 
guilty  of  both  charges. 

"  Therefore  the  judgment  of  the  Presbytery  sitting  as  a  Court  is,  that 
the  Rev.  Henry  Preserved  Smith,  D.D.,  be,  and  hereby  is,  suspended 
from  the  ministry  of  the  Presbyterian  Church  until  such  time  as  he  shall 
make  manifest,  to  the  satisfaction  of  Presbytery,  his  renunciation  of  the 
errors  he  has  been  found  to  hold,  and  his  solemn  purpose  no  longer  to 
teach  or  propagate  them. ' ' 


OF   THE    HOLY   SCRIPTURE.  65 

C.  Appeal  of  Dr.  Smith  to  the  Synod  of  Ohio. 

[From  this  action  of  the  Presbytery  of  Cincinnati,  Dr.  Smith  took  an 
appeal  to  the  Synod  of  Ohio,  meeting  in  Cincinnati,  October  10-13, 
1893. 

The  appeal  was  entertained  by  the  Synod,  and,  after  trial  had,  it  was 
not  sustained,  51  to  78. 

No  one  of  the  specifications  of  error  having  been  sustained,  and  no 
error  having  been  found  in  the  record,  the  Moderator  declared  the  judg- 
ment of  the  inferior  judicatory  to  be  affirmed.] — Minutes,  Synod  of 
Ohio,  1893,  p.  173. 

d.  Appeal  of  Dr.  Smith  to  the  General  Assembly ;  judgment  of  Synod 

affirmed. 

From  this  decision  and  final  judgment  of  the  Synod  of   Ohio,  Dr. 
Smith  took  an  appeal  to  the  General  Assembly. 
[Note. — For  the  Appeal  in  full,  see  Minutes,  1894,  pp.  197-201.] 

The  appeal  was  entertained,  and,  after  full  discussion  and  trial  had, 
was  not  sustained,  102  to  396. 

The  Moderator  made  announcement  as  follows: 

No  specification  of  error  having  been  sustained,  and  the  appeal  as  a 
whole  not  having  been  sustained,  the  judgment  of  the  Synod  of  Ohio  in 
the  case  of  the  Presbyterian  Church  in  the  United  States  of  America  vs. 
Rev.  H.  P.  Smith,  D.D.,  has  been  and  is  affirmed.— 1894,  p.  106. 

[Note. — See  also  in  this  connection  the  action  of  the  Assembly  on  a  Memorial  from 
the  Independent  Synod  of  Missouri. — 1874,  p.  30.J 

III.  The  books  commonly  called  Apocrypha,  not  being  of  divine 
inspiration,  are  no  part  of  the  canon  of  the  Scripture;  and  therefore  are 
of  no  authority  in  the  Church  of  God,  nor  to  be  any  otherwise  approved, 
or  made  use  of,  than  other  human  writings. 

IV.  The  authority  of  the  Holy  Scripture,  for  which  it  ought  to  be 
believed  and  obeyed,  dependeth  not  upon  the  testimony  of  any  man  or 
church,  but  wholly  upon  God,  (who  is  truth  itself,)  the  author  thereof; 
and  therefore  it  is  to  be  received,  because  it  is  the  Word  of  God. 

V.  We  may  be  moved  and  induced  by  the  testimony  of  the  Church 
to  an  high  and  reverent  esteem  of  the  Holy  Scripture;  and  the  heaven- 
liness  of  the  matter,  the  efficacy  of  the  doctrine,  the  majesty  of  the 
style,  the  consent  of  all  the  parts,  the  scope  of  the  whole,  (which  is  to 
give  all  glory  to  God,)  the  full  discovery  it  makes  of  the  only  way  of 
man's  salvation,  the  many  other  incomparable  excellencies,  and  the 
entire  perfection  thereof,  are  arguments  whereby  it  doth  abundantly  evi- 
dence itself  to  be  the  Word  of  God ;  yet,  notwithstanding,  our  full  per- 
suasion and  assurance  of  the  infallible  truth,  and  divine  authority  thereof, 
is  from  the  inward  work  of  the  Holy  Spirit,  bearing  witness  by  and  with 
the  Word  in  our  hearts. 

VI.  The  whole  counsel  of  God,  concerning  all  things  necessary  for 
his  own  glory,  man's  salvation,  faith,  and  life,  is  either  expressly  set 
down   in  Scripture,    or   by   good    and   necessary  consequence  may   be 

5 


66  CONFE.SSION    OF    FAITH,    CHAPS.    I-IL 

deduced  from  Scripture:  unto  which  nothing  at  any  time  is  to  be  added, 
whether  by  new  revelations  of  the  Spirit  or  traditions  of  men.  Never- 
theless we  acknowledge  the  inward  illumination  of  the  Spirit  of  God  to 
be  necessary  for  the  saving  understanding  of  such  things  as  are  revealed 
in  the  Word :  and  there  are  some  circumstances  concerning  the  worship 
of  God  and  government  of  the  Church,  common  to  human  actions  and 
societies,  which  are  to  be  ordered  by  the  light  of  nature  and  Christian 
prudence,  according  to  the  general  rules  of  the  Word,  which  are  always 
to  be  observed. 

yil.  All  things  in  Scripture  ax'e  not  alike  plain  in  themselves,  nor 
alike  clear  unto  all;  yet  those  things  which  are  necessary  to  be  known, 
believed,  and  observed,  for  salvation,  are  so  clearly  propounded  and 
opened  in  some  place  of  Scripture  or  other,  that  not  only  the  learned,  but 
the  unlearned,  in  a  due  use  of  the  ordinary  means,  may  attain  unto  a 
sufficient  understanding  of  them. 

VIII.  The  Old  Testament  in  Hebrew,  (which  was  the  native  language 
of  the  people  of  God  of  old,)  and  the  New  Testament  in  Greek,  (which 
at  the  time  of  the  writing  of  it  was  most  generally  known  to  the  na- 
tions, )  being  immediately  inspired  by  God,  and  by  his  singular  care  and 
providence  kept  pure  in  all  ages,  are  therefore  authentical;  so  as  in  all 
controversies  of  religion  the  Church  is  finally  to  appeal  unto  them.  But 
because  these  original  tongues  are  not  known  to  all  the  people  of  God 
who  have  right  unto  and  interest  in  the  Scriptures,  and  are  commanded, 
in  the  fear  of  God,  to  read  and  search  them,  therefore  they  are  to  be 
translated  into  the  vulgar  language  of  every  nation  unto  which  they 
come,  that  the  Word  of  God  dwelling  plentifully  in  all,  they  may  wor- 
ship him  in  an  acceptable  manner,  and,  through  patience  and  comfort  of 
the  Scriptures,  may  have  hope. 

1.  The  Bible,  in  its  various  translations,  is  the  very  Word  of  God. 

The  following  deliverance  was  offered  on  the  inspiration  and  integrity 
of  the  Scriptures: 

Resolved,  That  the  Bible  as  we  now  have  it,  in  its  various  translations 
and  versions,  when  freed  from  all  errors  and  mistakes  of  translators, 
copyists,  and  printers,  is  the  very  Word  of  God,  and  consequently 
wholly  without  error. 

This  deliverance  was  unanimously  adopted. — 1893,  p.  169. 

Resolved,  That  all  our  ministei-s  be  careful,  in  expounding  the  Word 
publicly,  so  to  expound,  as  to  inspire  and  sustain  confidence  in  our  excel- 
lent version,  as  truly  the  Word  of  God ;  believing,  as  we  do,  that  the 
honest-hearted  inquirer  searching  after  the  truth,  with  a  teachable  spirit, 
will  find  it.— 1855,  N.  S.,  p.  28. 

IX.  The  infallible  rule  of  interpretation  of  Scripture  is  the  Scripture 
itself ;  and  therefore,  when  there  is  a  question  about  the  true  and  full 
sense  of  any  scripture,  (which  is  not  manifold,  but  one, )  it  may  be 
searched  and  known  by  other  places  that  speak  more  clearly. 


OF   THE   SCRIPTURES,    GOD,    AND    THE   TRINITY.  67 

X.  The  Supreme  Judge,  by  whom  all  controversies  of  religion  are  to 
be  determined,  and  all  decrees  of  councils,  opinions  of  ancient  writei-s, 
doctrines  of  men,  and  private  spirits,  are  to  be  examined,  and  in  whose 
sentence  we  are  to  rest,  can  be  no  other  but  the  Holy  Spirit  speaking  in 
the  Scripture. 


CHAPTER  11. 
OF  GOD,  AND  OF  THE  HOLY  TRINITY. 

I.  There  is  but  one  only  living  and  true  God,  who  is  infinite  in  being 
and  perfection,  a  most  pure  spirit,  invisible,  without  body,  parts,  or 
passions,  immutable,  immense,  eternal,  incomprehensible,  almighty, 
most  wise,  most  holy,  most  free,  most  absolute,  working  all  things 
according  to  the  counsel  of  his  own  immutable  and  most  righteous  will, 
for  his  own  glory;  most  loving,  gracious,  merciful,  long-suffering, 
abundant  in  goodness  and  truth,  forgiving  iniquity,  transgression,  and 
sin;  the  re  warder  of  them  that  diligently  seek  him;  and  withal  most  just 
and  terrible  in  his  judgments,  hating  all  sin,  and  who  will  by  no  means 
clear  the  guilty. 

II.  God  hath  all  life,  glory,  goodness,  blessedness,  in  and  of  himself; 
and  is  alone  in  and  unto  himself  all-sufficient,  not  standing  in  need  of 
any  creatures  which  he  hath  made,  nor  deriving  any  glory  from  them, 
but  only  manifesting  his  own  glory  in,  by,  unto,  and  upon  them :  he 
is  the  alone  fountain  of  all  being,  of  whom,  through  whom,  and  to 
whom,  are  all  things;  and  hath  most  sovereign  dominion  over  them, 
to  do  by  them,  for  them,  and  upon  them,  whatsoever  himself  pleaseth. 
In  his  sight  all  things  are  open  and  manifest;  his  knowledge  is  infinite, 
infallible,  and  independent  upon  the  creature,  so  as  nothing  is  to  him 
contingent  or  uncertain.  He  is  most  holy  in  all  his  counsels,  in  all  his 
works,  and  in  all  his  commands.  To  him  is  due  from  angels  and  men, 
and  every  other  creature,  whatsoever  worship,  service,  or  obedience,  he  is 
pleased  to  require  of  them. 

III.  In  the  unity  of  the  Godhead  there  be  three  persons  of  one  sub- 
stance, power,  and  eternity;  God  the  Father,  God  the  Son,  and  God 
the  Holy  Ghost.  The  Father  is  of  none,  neither  begotten  nor  pro- 
ceeding; the  Son  is  eternally  begotten  of  the  Father  ;  the  Holy  Ghost 
eternally  proceeding  from  the  Father  and  the  Son. 

[Note.— See  under  Chap,  vi,  case  of  John  Miller,  Specification  3.] 

1.  Refusal  to  alter  the  language  of  the  Confession. 

Overture  from  Rev.  Sayres  Gazley  in  relation  to  changes  in  the  lan- 
guage of  our  Confession  of  Faith,  regarding  the  doctrine  of  the  Trinity 
and  other  doctrines. 

The  Committee  recommend  as  an  answer,  that  no  change  in  the  Ian- 


68  CONFESSION    OF    FAITH,    CHAPS.    III-V. 

guage  of  the  Confession,  respecting  the  points  suggested,  is  desirable, 
or  consistent  with  the  Word  of  God.  Adopted  unanimously. — 1859, 
p.  532,  O.  S. 


CHAPTER  III. 
OF  GOD'S  ETERNAL  DECREE. 

I.  God  from  all  eternity  did  by  the  most  wise  and  holy  counsel  of 
his  own  will,  freely  and  unchangeably  ordain  whatsoever  comes  to  pa.ss: 
yet  so  as  thereby  neither  is  God  the  author  of  sin,  nor  is  violence  offered 
to  the  will  of  the  creatures,  nor  is  the  Kberty  or  contingency  of  second 
causes  taken  away,  but  rather  established. 

II.  Although  God  knows  whatsoever  may  or  can  come  to  pass  upon 
all  supposed  conditions;  yet  hath  he  not  decreed  anything  because  he 
foresaw  it  as  future,  or  as  that  which  would  come  to  pass  upon  such 
conditions. 

[Note;. — See  case  of  Samuel  Harker,  under  Chap,  vii,  below.] 

III.  By  the  decree  of  God,  for  the  manifestation  of  his  glory,  some 
men  and  angels  are  predestinated  unto  everlasting  life,  and  others  fore- 
ordained to  everlasting  death. 

IV.  These  angels  and  men,  thus  predestinated  and  fore-ordained,  are 
particularly  and  unchangeably  designed;  and  their  number  is  so  certain 
and  definite  that  it  cannot  be  either  increased  or  diminished. 

V.  Those  of  mankind  that  are  predestinated  unto  life,  God,  before  the 
foundation  of  the  world  was  laid,  according  to  his  eternal  and  immutable 
purpose,  and  the  secret  counsel  and  good  pleasure  of  his  will,  hath  chosen 
in  Christ,  unto  everlasting  glory,  out  of  his  mere  free  grace  and  love, 
without  any  foresight  of  faith  or  good  works,  or  perseverance  in  either 
of  them,  or  any  other  thing  in  the  creature,  as  conditions,  or  causes  mov- 
ing him  thereunto;  and  all  to  the  praise  of  his  glorious  grace. 

VI.  As  God  hath  appointed  the  elect  unto  glory,  so  hath  he,  by  the 
eternal  and  most  free  purpose  of  his  will,  fore-ordained  all  the  means 
thereunto.  Wherefore  they  Avho  are  elected  being  fallen  in  Adam,  are 
redeemed  by  Christ,  are  effectually  called  unto  faith  in  Christ  by  his 
Spirit  working  in  due  season;  are  justified,  adopted,  sanctified,  and  kept 
by  his  poAver  through  faith  unto  salvation.  Neither  are  any  other 
redeemed  by  Christ,  effectually  called,  justified,  adopted,  sanctified, 
and  saved,  but  the  elect  only. 

VII.  The  rest  of  mankind,  God  was  pleased,  according  to  the  un- 
searchable counsel  of  his  own  will,  whereby  he  extendeth  or  withholdeth 
mercy  as  he  pleaseth,  for  the  glory  of  his  sovereign  power  over  his  crea- 
tures, to  pass  by,  and  to  ordain  them  to  dishonor  and  wrath  for  their  sin, 
to  the  praise  of  his  glorious  justice. 


THE   ETERNAL   DECREE,    CREATION   AND    PROVIDENCE.  69 

VIII.  The  doctrine  of  this  high  mystery  of  predestination  is  to  be 
handled  with  special  prudence  and  care,  that  men  attending  the  will 
of  God  revealed  in  his  Word,  and  yielding  obedience  thereunto,  may, 
from  the  certainty  of  their  effectual  vocation,  be  assured  of  their  eternal 
election.  So  shall  this  doctrine  afford  matter  of  praise,  reverence,  and 
admiration  of  God;  and  of  humility,  diligence,  and  abundant  consola- 
tion, to  all  that  sincerely  obey  the  Gospel. 
[Note. — See  case  of  Thomas  B.  Craighead,  under  Chap,  xi,  below.] 


CHAPTER  IV. 
OF  CREATION. 


I.  It  pleased  God  the  Father,  Son,  and  Holy  Ghost,  for  the  manifes- 
tation of  the  glory  of  his  eternal  power,  wisdom,  and  goodness,  in  the 
beginning,  to  create,  or  make  of  nothing,  the  world,  and  all  things 
therein,  whether  visible  or  invisible,  in  the  space  of  six  days,  and  all  very 
good. 

II.  After  God  had  made  all  other  creatures,  he  created  man,  male 
and  female,  with  reasonable  and  immortal  souls,  endued  "with  knowledge, 
righteousness,  and  true  holiness,  after  his  own  image,  having  the  law  of 
God  written  in  their  hearts,  and  power  to  fulfill  it;  and  yet  under  a  pos- 
sibility of  transgressing,  being  left  to  the  liberty  of  their  own  will,  which 
was  subject  unto  change.  Besides  this  law  written  in  their  hearts,  they 
received  a  command  not  to  eat  of  the  tree  of  the  knowledge  of  good 
and  evil;  which  while  they  kept  they  were  happy  in  their  communion 
with  God,  and  had  dominion  over  the  creatures. 

[Note. — See  case  of  John  Miller,  under  Chap,  vi,  Sec.  vi,  Specification  1.] 


CHAPTER  V. 
OF  PROVIDENCE. 


I.  God,  the  great  Creator  of  all  things,  doth  uphold,  direct,  dispose, 
and  govern  all  creatures,  actions,  and  things,  from  the  greatest  even  to  the 
least,  by  his  most  wise  and  holy  providence,  according  to  his  infallible 
foreknowledge,  and  the  free  and  immutable  counsel  of  his  own  will,  to 
the  praise  of  the  glory  of  his  wisdom,  power,  justice,  goodness,  and  mercy. 

II.  Although,  in  relation  to  the  foreknowledge,  and  decree  of  God, 
the  first  cause,  all  things  come  to  pass  immutably  and  infallibly,  yet,  by 
the  same  providence,  he  ordereth  them  to  fall  out  according  to  the 
nature  of  second  causes,  either  necessarily,  freely,  or  contingently. 


70  CONFESSION    OF    FAITH.    CHAPS.    V-VI. 

III.  God,  in  his  ordinary  providence,  maketh  use  of  means,  yet  is 
free  to  work  without,  above,  and  against  them,  at  his  pleasure. 

IV.  The  almighty  power,  unsearchable  wisdom,  and  infinite  goodness 
of  God,  so  far  manifest  themselves  in  his  providence,  that  it  extendeth 
itself  even  to  the  first  fall,  and  all  other  sins  of  angels  and  men,  and 
that  not  by  a  bare  permission,  but  such  as  hath  joined  with  it  a  most 
wise  and  powerful  bounding,  and  otherwise  ordering  and  governing  of 
them,  in  a  manifold  dispensation,  to  his  own  holy  ends;  yet  so,  as  the 
sinfulness  thereof  proceedeth  only  from  the  creature,  and  not  from  God ; 
who  being  most  holy  and  righteous,  neither  is,  nor  can  be  the  author  or 
approver  of  sin. 

V.  The  most  wise,  righteous,  and  gracious  God  doth  oftentimes  leave 
for  a  season  his  own  children  to  manifold  temptations,  and  the  corruption 
of  their  own  hearts,  to  chastise  them  for  their  former  sins,  or  to  discover 
unto  them  the  hidden  strength  of  corruption  and  deceitfulness  of  their 
hearts,  that  they  may  be  humbled ;  and  to  raise  them  to  a  more  close  and 
constant  dependence  for  their  support  upon  himself,  and  to  make  them 
more  watchful  against  all  future  occasions  of  sin,  and  for  sundry  other 
just  and  holy  ends. 

VI.  As  for  those  wicked  and  ungodly  men,  whom  God  as  a  righteous 
judge,  for  former  sins,  doth  blind  and  harden,  from  them  he  not  only 
withholdeth  his  grace,  whereby  they  might  have  been  enlightened  in  their 
understandings,  and  wrought  upon  in  their  hearts;  but  sometimes  also 
withdraweth  the  gifts  which  they  had,  and  exposeth  them  to  such  objects 
as  their  corruption  makes  occasion  of  sin ;  and  withal,  gives  them  over 
to  their  own  lusts,  the  temptations  of  the  world,  and  the  power  of  Satan : 
whereby  it  comes  to  pass  that  they  harden  themselves,  even  under  those 
means  which  God  useth  for  the  softening  of  others. 

VII.  As  the  providence  of  God  doth,  in  general,  reach  to  all  crea- 
tures; so,  after  a  most  special  manner,  it  taketh  care  of  his  Churchy 
and  disposeth  all  things  to  the  good  thereof. 


CHAPTER  VI. 


OF  THE  FALL  OF  MAN,    OF  SIN,  AND  OF  THE 
PUNISHMENT  THEREOF. 

I.  Our  first  parents,  being  seduced  by  the  subtlety  and  temptation  of 
Satan,  sinned  in  eating  the  forbidden  fruit.  This  their  sin  God  was 
pleased,  according  to  his  wise  and  holy  counsel,  to  permit,  having  pur- 
posed to  order  it  to  his  own  glory. 

II.  By  this  sin  they  fell  from  their  original  righteousness,  and  com- 
munion with  God,  and  so  became  dead  in  sin,  and  wholly  defiled  in  all 
the  faculties  and  parts  of  soul  and  body. 


OF  THE  FALL  OF  MAN,  OF  SIN,  AND  OF  THE  PUNISHMENT  THEEEOF.  71 

III.  They  being  the  root  of  all  mankind,  the  guilt  of  this  sin  was  im- 
puted, and  the  same  death  in  sin  and  corrupted  nature  conveyed,  to  all 
their  posterity,  descending  from  them  by  ordinary  generation. 

[Note. — See  case  of  John  Miller,  under  Sec.  vi,  below.] 

IV.  From  this  original  corruption,  whereby  we  are  utterly  indisposed, 
disabled,  and  made  opposite  to  all  good,  and  wholly  inclined  to  all  evil, 
do  proceed  all  actual  transgressions. 

V.  This  corruption  of  nature,  during  this  life,  doth  remain  in  those 
that  are  regenerated :  and  although  it  be  through  Christ  pardoned  and 
mortified,  yet  both  itself,  and  all  the  motions  thereof,  are  truly  and 
properly  sin. 

VI.  Every  sin,  both  original  and  actual,  being  a  transgression  of  the 
righteous  law  of  God,  and  contrary  thereunto,  doth,  in  its  own  nature, 
bring  guilt  upon  the  sinner,  whereby  he  is  bound  over  to  the  wrath  of 
God,  and  curse  of  the  law,  and  so  made  subject  to  death,  with  all 
miseries  spiritual,  temporal,  and  eternal. 

1.  Case  of  Rev.  Hezekiah  Balch. 

The  consideration  of  the  references  relative  to  Mr.  Balch  was  re- 
sumed, and  after  some  amendments  made  on  the  draught  brought  in  by 
the  Committee,  it  was  adopted,  and  is  as  follows,  viz. : 

They  remark  upon  the  first  article  of  the  creed  aforesaid  that  Mr. 
Balch  is  erroneous  in  making  disinterested  benevolence  the  only  definition 
(tf  holiness  or  true  religion,  because  this  may  perplex  the  minds  of 
those  not  accustomed  to  abstract  speculations,  is  questionable  in  itself, 
and  may  convey  the  idea  that  an  absolute  God,  or  a  God  out  of  Christ, 
is  the  object  of  the  highest  affection  to  the  renewed  mind. 

On  the  second  article  they  remark  that  he  has  confounded  self-love 
with  selfishness  in  an  abstract  speculation  calculated  to  puzzle  plain  Chris- 
tians and  lead  to  unprofitable  disputes. 

On  the  third  article  they  remark  that  the  transferring  of  personal  sin 
or  righteousness  has  never  been  held  by  Calvinistic  divines,  nor  by  any 
person  in  our  Church,  so  far  as  is  known  to  us,  and  therefoi'e  that  Mr. 
Balch' s  observations  on  that  subject  appear  to  be  either  nugatory  or 
calculated  to  mislead.  With  regard  to  his  doctrine  of  original  sin,  it  is 
to  be  observed  that  he  is  erroneous  in  representing  personal  corruption 
as  not  derived  from  Adam,  making  Adam' s  sin  to  be  imputed  to  his  pos- 
terity in  consequence  of  a  corrupt  nature  already  possessed,  and  derived 
from  we  know  not  what;  thus,  in  eflfect,  setting  aside  the  idea  of  Adam's 
being  the  federal  head  or  representative  of  his  descendants,  and  the 
whole  doctrine  of  the  covenant  of  works. 

It  is  also  manifest  that  Mr.  Balch  is  greatly  erroneous  in  asserting 
that  the  formal  cause  of  a  believer' s  justification  is  the  imputation  of  the 
fruits  and  effects  of  Christ's  righteousness,  and  not  that  righteousness 
itself,  because  righteousness,  and  that  alone,  is  the  formal  demand  of  the 
law,  and  consequently  the  sinner's  violation  of  the  divine  law  can  be  par- 
doned only  in  virtue  of  the  Redeemer's  perfect  righteousness  being 
imputed  to  him  and  reckoned  as  his.  It  is  also  not  true  that  the  benefits 
of  Christ's  righteousness  are,  with  strict  propriety,  said  to  be  imputed  at 


72  CONFESSION   OF    FAITH,    CHAP.    VI,    SECT.    VI, 

all,  as  these  benefits  flow  to  and  are  possessed  by  the  believer  as  a  con- 
sequence of  his  justification  and  having  an  interest  in  the  infinite  merits 
of  the  Saviour. 

On  the  fourth  article  no  remark  is  necessary. 

With  regard  to  the  fifth  article  it  is  to  be  remarked  that  Mr.  Balch 
appears  to  confound  sentiment  with  the  mere  perception  of  truth,  whereas 
it  always  partakes  of  the  disposition  of  the  heart,  and  consequently  in- 
volves in  it  either  sin  or  holiness.  The  article  as  stated  by  him  contra- 
dicts the  principle  laid  down  in  the  introduction  to  our  Form  of  Govern- 
ment, and  levels  the  important  distinction  between  truth  and  falsehood 
so  as  to  be  liable  to  the  construction  that  it  is  no  matter  what  a  man 
believes.  And  though  Mr.  Balch  may  not,  and  probably  did  not, 
intend  to  insinuate  anything  disrespectful  to  the  Holy  Scriptures,  where  he 
asserts  that  ' '  there  are  wrong  sentiments  in  the  Bible, ' '  yet,  as  his  ex- 
pression is  liable  to  such  a  construction,  we  judge  it  highly  censurable. 

With  regard  to  the  sixth  and  seventh  articles,  no  remarks  seem  to 
be  necessary,  except  that  the  offense  given  by  the  reflection  cast 
on  his  brethren,  the  Presbyterians,  in  the  seventh,  has  been  sufficiently 
removed  by  his  candid  acknowledgment  before  the  Synod  and  General 
Assembly. 

The  eighth,  ninth  and  tenth  articles  require  no  remark,  except  that 
they  appear  to  be  unimportant. 

With  I'egard  to  the  twelfth  article  it  is  remarked  that  his  observation 
upon  love  as  exercised  by  the  human  race,  so  far  as  it  may  be  applicable 
to  a  state  of  infancy,  is  unintelligible,  and  that  though  a  distinction  may 
be  made  between  regeneration  and  conversion,  yet  the  terms  in  which  the 
article  is  expressed  are  exceptionable,  as  they  seem  to  discourage  the 
use  of  the  means  of  grace. 

With  regard  to  the  thirteenth  article  it  is  remarked  that  in  making 
repentance  and  faith  to  proceed  wholly  from  love  or  charity,  Mr.  Balch 
has  expressed  an  opinion  unnecessary  and  improper. 

In  regard  to  the  subject  of  false  doctrine,  in  discoui-sing  from  Psalm 
li.  5  and  Isaiah  xlviii.  8,  nothing  seems  necessary  to  be  added  to  the 
remarks  made  on  the  subject  of  original  sin  as  contained  in  Mr.  Balch' s 
creed,  except  that  he  charges  Calviuistic  divines  with  holding  sentiments 
relative  to  infants  which  they  do  not  hold;  and  that  he  makes  positive 
declarations  in  regard  to  the  state  of  infants,  when  it  has  pleased  a  wise 
and  holy  God  to  be  silent  on  this  subject  in  the  revelation  of  his  will. 

In  regard  to  the  subject  of  indecent  language  alleged  to  have  been  used 
in  the  pulpit  by  Mr.  Balch,  it  is  remarked,  that  if  he  was  not  misun- 
derstood by  the  witnesses,  he  has,  notwithstanding,  declared  such  a  deep 
and  suitable  abhorrence  of  all  such  language  in  jiublic  discourse  as  ren- 
ders it  unnecessary  to  take  any  further  notice  of  it. 

On  the  whole,  your  Committee  recommend  that  Mr.  Balch  be  required 
to  acknowledge  before  the  Assembly  that  he  Avas  wrong  in  the  publica- 
tion of  his  creed;  that  in  the  particulars  specified  as  above  he  renounce 
the  errors  thei'ein  pointed  out;  that  he  engage  to  teach  nothing  hereafter 
of  a  similar  nature;  that  the  Moderator  admonish  him  of  the  divisions, 
disorder,  trouble  and  inconvenience  which  he  has  occasioned  to  the 
Church  and  its  judicatories  by  his  imprudent  and  unwarrantable  conduct, 
and  warn  him  against  doing  anything  in  time  to  come  that  may  tend  to 
produce  such  serious  and  lamentable  evils.  That  if  ]\Ir.  Balch  submit  to 
this,  he  be  considered  as  in  good  standing  with  the  Church,  and  that  the 


OF  THE  FALL  OF  MAN,  OF  SIN,  AND  OF  THE  PUNISHMENT  THEREOF.  73 

reference  and  queries  of  the  Synod  of  the  Carolinas  be  considered  as 
fully  aaswered  by  the  adoption  of  these  measures. — 1798,  pp.  155,  156. 
Mr.  Balch  appeared  before  the  Assembly,  acknowledged  his  error  in 
publishing  his  creed,  disavowed  the  errors  imputed  to  him,  and  submitted 
to  the  admonition  of  the  Assembly. — 1798,  p.  158.  Digest,  1886,  pp. 
220-222. 

2.  Appeal  of  Rev.  John  Miller,  D.D,,  from  the  judgment  of  the  Synod 

of  New  Jersey. 

After  a  full  hearing  of  the  evidence  as  presented  by  both  parties  in  the 
case,  the  Assembly  reached  the  decision  not  to  sustain  the  appeal  by 
the  following  vote:  to  sustain,  three  [3]  ;  to  sustain  in  part,  eighteen 
[18]  ;  not  to  sustain,  two  hundred  and  seventy -four  [274]. 

This  expression  of  the  General  Assembly  approaches  the  nearer  to 
practical  unanimity,  since,  as  it  is  understood,  those  who  voted  to  sustain 
in  part  have  doubts  only  in  regard  to  the  conclusiveness  of  the  proof 
adduced  for  Specification  No.  2,  viz. : 

"  Mr.  Miller  teaches  that  Christ,  as  a  child  of  Adam,  was  personally 
accounted  guilty  of  Adam's  sin;  that,  like  other  children  of  Adam,  he 
inherited  a  corrupt  nature;  and  that  he  needed  to  be,  and  was,  redeemed 
by  his  own  death." 

Not  to  recount  his  own  admissions  and  assertions  in  the  presence  of  the 
General  Assembly,  it  is  proper  to  state  that  the  multiplied  evidences 
drawn  from  Mr.  Miller's  book  conclusively  established  the  original 
charge  preferred  by  the  Presbytery  of  New  Brunswick,  viz. : 

"  We  charge  Mr.  Miller  with  publicly  denying  and  assailing  import- 
ant doctrines  of  the  Confession  of  Faith  and  the  Catechisms  of  our 
Church." 

Under  this  charge  are  the  three  following  specifications: 

"  Specification  1. — Mr.  Miller  teaches  that  the  soul  is  not  immortal; 
that  at  the  death  of  the  body  it  dies,  becomes  extinct,  and  so  continues 
until  the  resurrection. 

' '  Specification  2.  — Mr.  Miller  teaches  that  Christ,  as  a  child  of  Adam, 
was  personally  accounted  guilty  of  Adam's  sin;  that,  like  other  children 
of  Adam,  he  inherited  a  corrupt  nature,  and  that  he  needed  to  be,  and 
was,  redeemed  by  his  own  death. 

' '  Specification  3.  — Mr.  Miller  teaches  that  there  is  but  one  person  in 
the  Godhead." 

This  decision  of  the  General  Assembly  confirms  the  action  of  the 
Synod  of  New  Jersey,  which  approves  the  resolution  unanimously 
adopted  by  the  Presbytery  of  New  Brunswick,  May  4,  viz. : 

''Resolved,  That  the  Rev.  John  Miller,  be,,  and  hereby  is,  suspended 
from  the  ministry  of  the  Presbyterian  Church  until  such  time  as  he  shall 
make  manifest  to  the  satisfaction  of  the  Presbytery  his  renunciation  of 
the  errors  he  has  been  found  to  hold,  and  his  solemn  purpose  no  longer  to 
proclaim  them. ' ' 

Whilst  the  Assembly  thus  declare  their  unwavering  adherence  to  our 
confessional  symbols,  they  desire  at  the  same  time  to  express  only  the 
kindest  feelings  toward  Mr.  Miller;  and  they  make  this  disposition  of  the 
case  only  because  the  interests  of  truth  imperatively  demand  it. 

While  in  accordance  with  complete  freedom  of  conscience  the  General 
Assembly  would  urge  upon  all  fidelity  to  our  doctrinal  Standards,  they 
would,  at  the  same  time,   earnestly  advise  any  one  who  may  entertain 


74  CONFESSION    OF    FAITH,    CHAP.    VII,    SECT.    VI. 

views  irreconcilable  with  our  Standards  to  take  the  authorized  course, 
after  consultation  with  his  Presbytery,  and  peaceftilly  withdraw  from  the 
ministry  of  our  Church.— 1878,  pp.  98,  99, 


CHAPTER   VII. 
OF  GOD'S  COVENANT  WITH  MAN. 

I.  The  distance  between  God  and  the  creature  is  so  great,  that 
although  reasonable  creatures  do  owe  obedience  unto  him  as  their  Crea- 
tor, yet  they  could  never  have  any  fruition  of  him,  as  their  blessedness 
and  reward,  but  by  some  voluntary  condescension  on  God's  part,  which 
he  hath  been  pleased  to  express  by  way  of  covenant. 

II.  The  first  covenant  made  with  man  was  a  covenant  of  works, 
wherein  life  was  promised  to  Adam,  and  in  him  to  his  posterity,  upon 
condition  of  perfect  and  personal  obedience. 

[Note. — See  case  of  William  C.  Davis,  under  Chap,  xi,  below,  p.  79.] 

III.  Man,  by  his  fall,  having  made  himself  incapable  of  life  by  that 
covenant,  the  Lord  Avas  pleased  to  make  a  second,  commonly  called  the 
covenant  of  grace :  wherein  he  freely  oflereth  unto  sinners  life  and  salva- 
tion by  Jesus  Christ,  requiring  of  them  faith  in  him,  that  they  may  be 
saved;  and  promising  to  give  unto  all  those  that  are  ordained  unto  life, 
his  Holy  Spirit,  to  make  them  willing  and  able  to  believe. 

IV.  This  covenant  of  grace  is  frequently  set  foi'th  in  the  Scripture  by 
the  name  of  a  testament,  in  reference  to  the  death  of  Jesus  Christ,  the 
testator,  and  to  the  everlasting  inheritance,  with  all  things  belonging  to 
it,  therein  bequeathed. 

V.  This  covenant  was  differently  administered  in  the  time  of  the  law, 
and  in  the  time  of  the  gospel:  under  the  law  it  was  administered  by 
promises,  prophecies,  sacrifices,  circumcision,  the  paschal  lamb,  and  other 
types  and  ordinances  delivered  to  the  people  of  the  Jews,  all  fore- 
signifying  Christ  to  come,  which  were  for  that  time  sufficient  and  effica- 
cious, through  the  operation  of  the  Spirit,  to  instruct  and  build  up  the 
elect  in  faith  in  the  promised  Messiah,  by  whom  they  had  full  remission 
of  sins,  and  eternal  salvation;  and  is  called  the  Old  Testament. 

VI.  Under  the  gospel,  when  Christ  the  substance  was  exhibited,  the 
ordinances  in  which  this  covenant  is  dispensed  are  the  })reaching  of  the 
Word,  and  the  administration  of  the  Sacraments  of  Baptism  and  the 
Lord's  Supper;  which,  though  fewer  in  number,  and  administered  with 
more  simplicity  and  less  outward  glory,  yet  in  them  it  is  held  forth  in 
more  fullness,  evidence,  and  spiritual  efficacy,  to  all  nations,  both  Jews 
and  Gentiles;  and  is  called  the  New  Testament.  There  are  not,  there- 
fore, two  covenants  of  grace  differing  in  substance,  but  one  and  the  same 
under  various  dispensations. 


OF   THE   COVENANT    AND    OF   CHRIST   THE    MEDIATOR.  75 

Case  of  Samuel  Harker. 

A  reference  was  brought  into  the  Synod  from  the  New  Brunswick 
Presbytery  respecting  Mr.  Samuel  Harker,  one  of  their  members,  as 
having  imbibed  and  vented  certain  erroneous  doctrines.  The  further 
consideration  of  this  affair  is  deferred  till  the  next  sederunt. — 1758, 
p.  283. 

[The  matter  was  continued  from  year  to  year.  Synod  endeavoring  to 
remove  the  difficulty  and  bring  Mr.  Harker  to  a  sense  of  his  error.  In 
1761,  Mr.  Harker  printed  and  published  his  \'iews,  and  the  Synod 
(1762)  appointed  a  Committee  to  examine  the  book,  who  reported  the 
next  year.] 

The  Synod  proceeded  to  consider  Mr.  Harker' s  principles,  collected 
from  his  book  by  the  Committee,  which  are  in  substance  as  follows: 

1 .  That  the  covenant  of  grace  is  in  such  a  sense  conditional  that  fallen 
mankind  in  their  unregenerate  state,  by  the  general  assistance  given  to 
all  under  the  gospel,  have  a  sufficient  ability  to  fulfill  the  conditions 
thereof,  and  so  by  their  own  endeavors  to  ensure  to  themselves  regenera- 
ting grace  and  all  saving  blessings. 

2.  That  God  has  bound  Himself  by  promise  to  give  them  regenerating 
grace  upon  their  fulfilling  what  he  (Mr.  Harker)  calls  the  direct  condi- 
tions of  obtaining  it,  and,  upon  the  whole,  makes  a  certain  and  an 
infallible  connection  between  their  endeavors  and  the  aforesaid  blessings. 

3.  That  God's  prescience  of  future  events  is  previous  to  and  not 
dependent  on  His  decrees;  that  His  decrees  have  no  influence  on  His 
own  conduct,  and  that  the  foresight  of  faith  was  the  ground  of  the  decree 
of  election. 

It  is  further  observed  that  he  often  uses  inaccurate,  unintelligible  and 
dangerous  modes  of  expression  that  tend  to  lead  people  into  false  notions 
in  several  important  matters,  as  that  Adam  was  the  federal  father  of  his 
posterity  in  the  second  covenant  as  well  as  in  the  first;  that  the  regener- 
ate are  not  in  a  state  of  probation  for  heaven,  and  several  such  like. 

The  Synod  judge  that  these  principles  are  of  a  hurtful  and  a  danger- 
ous tendency,  giving  a  false  view  of  the  covenant  of  grace,  perverting  it 
into  a  new  modeled  covenant  of  works,  and  misrepresent  the  doctrine  of 
the  divine  decrees  as  held  by  the  best  reformed  Churches,  and,  in  fine, 
are  contrary  to  the  Word  of  God  and  our  approved  Standards  of  doc- 
trine.—1763,  p.  329. 

[Note.— See  Baird's  Digest,  pp.  624-626;  Moore's  Digest,  1886,  pp.  218,  219.] 


CHAPTER  VIII. 
OF  CHRIST  THE  MEDIATOR. 

1.  It  pleased  God,  in  his  eternal  purpose,  to  choose  and  ordain  the 
Lord  Jesus,  his  only  begotten  Son,  to  be  the  Mediator  between  God  and 
man;  the  prophet,  priest,  and  king;  the  head  and  Saviour  of  his  Church; 
the  heir  of  all  things,  and  judge  of  the  world;  unto  whom  he  did,  from 
all  eternity,  give  a  people  to  be  his  seed,  and  to  be  by  him  in  time 
redeemed,  called,  justified,  sanctified,  and  glorified. 


76  CONFESSION    OF    FAITH,    CHAP.     VIII,    SECT. 

II.  The  Son  of  God,  the  second  person  in  the  Trinity,  being  very  and 
eternal  God,  of  one  substance,  and  equal  with  the  Father,  did,  when  the 
fullness  of  time  was  come,  take  upon  him  man's  nature,  with  all  the 
essential  properties  and  common  infirmities  thereof,  yet  without  sin :  being 
conceived  by  the  power  of  the  Holy  Ghost,  in  the  womb  of  the  Virgin 
Mary,  of  her  substance.  So  that  two  whole,  {ierfect,  and  distinct 
natures,  the  Godhead  and  the  manhood,  were  inseparably  joined  together 
in  one  person,  without  conversion,  composition,  or  confusion.  Which 
person  is  very  God  and  very  man,  yet  one  Christ,  the  only  Mediator 
between  God  and  man. 

III.  The  Lord  Jesus,  in  his  human  nature  thus  united  to  the  divine, 
was  sanctified  and  anointed  with  the  Holy  Spirit  above  measure;  having 
in  him  all  the  treasures  of  wisdom  and  knowledge;  in  whom  it  pleased 
the  Father  that  all  fullness  should  dwell:  to  the  end  that  being  holy, 
harmless,  undefiled,  and  full  of  grace  and  truth,  he  might  be  thoroughly 
furnished  to  execute  the  office  of  a  Mediator  and  Surety.  Which  office 
he  took  not  unto  himself,  but  was  thereunto  called  by  his  Father;  who 
put  all  power  and  judgment  into  his  hand,  and  gave  him  commandment 
to  execute  the  same. 

IV.  This  office  the  Lord  Jesus  did  most  willingly  undertake:  which, 
that  he  might  discharge,  he  was  made  under  the  law,  and  did  perfectly 
fulfill  it;  endured  most  grievous  torments  immediately  in  his  soul,  and 
most  painful  sufferings  in  his  body;  was  crucified,  and  died;  was  buried, 
and  remained  under  the  power  of  death,  yet  saw  no  corruption.  On  the 
third  day  he  arose  from  the  dead,  with  the  same  body  in  which  he 
suffered;  with  which  also  he  ascended  into  heaven,  and  there  sitteth  at 
the  right  hand  of  his  Father,  making  intercession;  and  shall  return  to 
judge  men  and  angels,  at  the  end  of  the  world. 

V.  The  Lord  Jesus,  by  his  perfect  obedience  and  sacrifice  of  himself, 
which  he  through  the  eternal  Spirit  once  offered  up  unto  God,  hath  fully 
satisfied  the  justice  of  his  Father;  and  purchased  not  only  reconciliation, 
but  an  everlasting  inheritance  in  the  kingdom  of  heaven,  for  all  those 
whom  the  Father  hath  given  unto  him. 

VI.  Although  the  work  of  redemption  was  not  actually  wrought  by 
Christ  till  after  his  incarnation,  yet  the  virtue,  efficacy,  and  benefits 
thereof,  were  communicated  unto  the  elect,  in  all  ages  successively  from 
the  beginning  of  the  world,  in  and  by  those  px'omises,  types,  and  sacri- 
fices, wherein  he  was  revealed  and  signified  to  be  the  seed  of  the  woman 
which  should  bruise  the  serpent's  head,  and  the  Lamb  slain  from  the 
beginning  of  the  world,  being  yesterday  and  to-day  the  same,  and  for 
ever, 

VII.  Christ,  in  the  work  of  mediation,  acteth  according  to  both 
natures ;  by  each  nature  doing  that  which  is  proper  to  itself:  yet  by  reason 
of  the  unity  of  the  person,  that  which  is  proper  to  one  nature,  is  some- 


OF    FREE    WILL    AND    EFFECTUAL   CALLING.  77 

times  in  Scripture,  attributed  to  the  person  denominated  by  the  other 
nature. 

VIII.  To  all  those  for  whom  Christ  hath  purchased  redemption,  he 
doth  certainly  and  effectually  apply  and  communicate  the  same;  making 
intercession  for  them,  and  revealing  unto  them,  in  and  by  the  Word,  the 
mysteries  of  salvation;  effectually  persuading  them  by  his  Spirit  to 
believe  and  obey;  and  governing  their  hearts  by  his  Word  and  Spirit; 
overcoming  all  their  enemies  by  his  almighty  power  and  wisdom,  in  such 
manner  and  ways  as  are  most  consonant  to  his  wonderful  and  unsearcha- 
ble dispensation. 

[Note. — See  case  of  Thomas  B.  Craighead,  under  Chap,  xi,  below.] 


CHAPTER  IX. 
OF  FREE  WILL. 


I.  God  hath  endued  the  will  of  man  with  that  natural  liberty,  that  it 
is  neither  forced,  nor,  by  any  absolute  necessity  of  nature,  determined 
to  good  or  evil. 

II.  Man,  in  his  state  of  innocency,  had  freedom  and  power  to  will 
and  to  do  that  which  is  good  and  well-pleasing  to  God;  but  yet  mutably, 
so  that  he  might  fall  from  it. 

III.  Man,  by  his  fall  into  a  state  of  sin,  hath  wholly  lost  all  ability  of 
will  to  any  spiritual  good  accompanying  salvation;  so  as  a  natural  man, 
being  altogether  averse  from  that  good,  and  dead  in  sin,  is  not  able,  by 
his  own  strength,  to  convert  himself,  or  to  prepare  himself  thereunto. 

IV.  When  God  converts  a  sinner,  and  translates  him  into  the  state 
of  grace,  he  freeth  him  from  his  natural  bondage  under  sin,  and,  by  his 
grace  alone,  enables  him  freely  to  will  and  to  do  that  which  is  spiritually 
good;  yet  so  as  that,  by  reason  of  his  remaining  corruption,  he  doth  not 
perfectly,  nor  only,  will  that  which  is  good,  but  doth  also  will  that  which 
is  evil. 

V.  The  will  of  man  is  made  perfectly  and  immutably  free  to  good 
alone,  in  the  state  of  glory  only. 


CHAPTER  X. 
OF  EFFECTUAL  CALLING. 


I.  All  those  whom  God  hath  predestinated  unto  life,  and  those  only,  he 
is  pleased,  in  his  appointed  and  accepted  time,  effectually  to  call,  by  his 
Word  and  Spirit,  out  of  that  state  of  sin  and  death,  in  which  they  are 
by  nature,  to  grace  and  salvation  by  Jesus  Christ;  enlightening  their 
minds  spiritually  and  savingly,  to  understand  the  things  of  God;  taking 


78  CONFESSION    OF    FAITH,    CHAP.    XI,    SECT.    III. 

away  their  heart  of  stone,  and  giving  unto  them  an  heart  of  flesh;  renew- 
ing their  wills,  and  by  his  almighty  power  determining  them  to  that 
which  is  good;  and  effectually  drawing  them  to  Jesus  Christ,  yet  so  as 
they  come  most  freely,  being  made  willing  by  his  grace. 

II.  This  effectual  call  is  of  God's  free  and  special  grace  alone,  not 
from  any  thing  at  all  foreseen  in  man,  who  is  altogether  passive  therein, 
until,  being  quickened  and  renewed  by  the  Holy  Spirit,  he  is  thereby 
enabled  to  answer  this  call,  and  to  embrace  the  grace  offered  and  con- 
veyed in  it. 

Note.— See  case  of  William  C.  Davis,  under  Chap,  xi,  below,  Doctrine  v.] 

III.  Elect  infants,  dying  in  infancy,  are  regenerated  and  saved  by 
Christ  through  the  Spirit,  who  worketh  when,  and  where,  and  how  he 
pleaseth.  So  also  are  all  other  elect  persons,  who  are  incapable  of  being 
outwardly  called  by  the  ministry  of  the  Word. 

IV.  Others,  not  elected,  although  they  may  be  called  by  the  ministry 
of  the  Word,  and  may  have  some  common  operations  of  the  Spirit,  yet 
they  never  truly  come  to  Christ,  and  therefore  cannot  be  saved :  much 
less  can  men,  not  professing  the  Christian  religion,  be  saved  in  any  other 
way  whatsoever,  be  they  never  so  diligent  to  frame  their  lives  according 
to  the  light  of  nature,  and  the  law  of  that  religion  they  do  profess;  and 
to  assert  and  maintain  that  they  may  is  very  pernicious,  and  to  be 
detested. 


CHAPTER  XI. 
OF  JUSTIFICATION. 


I.  Those  whom  God  effectually  calleth,  he  also  freely  justifieth:  not 
by  infusing  righteousness  into  them,  but  by  pardoning  their  sins,  and  by 
accounting  and  accepting  their  persons  as  righteous:  not  for  anything 
wrought  in  them,  or  done  by  them,  but  for  Christ's  sake  alone:  not  by 
imputing  faith  itself,  the  act  of  believing,  or  any  other  evangelical 
obedience  to  them,  as  their  righteousness;  but  by  imputing  the  obedience 
and  satisfaction  of  Christ  unto  them,  they  receiving  and  resting  on  him 
and  his  righteousness  by  faith;  which  faith  they  have  not  of  themselves, 
it  is  the  gift  of  God. 

II.  Faith,  thus  receiving  and  resting  on  Christ  and  his  righteousness, 
is  the  alone  instrument  of  justification;  yet  is  it  not  alone  in  the  person 
justified,  but  is  ever  accompanied  with  all  other  saving  graces,  and  is  no 
dead  faith,  but  worketh  by  love. 

III.  Christ,  by  his  obedience  and  death,  did  fully  discharge  the  debt 
of  all  those  that  are  thus  justified,  and  did  make  a  propei',  real,  and  full 
satisfaction  to  his  Father's  justice  in  their  behalf.  Yet,  inasmuch  as  he 
was  given  by  the  Father  for  them;  and  his  obedience  and  satisfaction 


OF   JUSTIFICATION.  79 

accepted  in  their  stead;  and,  both,  freely,  not  for  any  thing  in  them, 
their  justification  is  only  of  free  grace;  that  both  the  exact  justice,  and 
rich  grace  of  God,  might  be  glorified  in  the  justification  of  sinners. 

IV.  God  did,  from  all  eternity,  decree  to  justify  all  the  elect;  and 
Christ  did,  in  the  fullness  of  time,  die  for  their  sins,  and  rise  again  for 
their  justification:  nevertheless  they  are  not  justified,  until  the  Holy 
Spirit  doth,  in  due  time,  actually  apply  Christ  unto  them. 

V.  God  doth  continue  to  forgive  the  sins  of  those  that  are  justified: 
and  although  they  can  never  fall  from  the  state  of  justification,  yet  they 
may  by  their  sins  fall  under  God's  fatherly  displeasure,  and  not  have 
the  light  of  his  countenance  restored  unto  them,  until  they  humble  them- 
selves, confess  their  sins,  beg  pardon,  and  renew  their  faith  and  repent- 
ance. 

VI.  The  justification  of  believers  under  the  Old  Testament  was,  in  all 
these  respects,  one  and  the  same  with  the  justification  of  believers  under 
the  New  Testament. 

1.  Case  of  Rev.  William  C.  Davis. 

An  overture  from  the  Synod  of  the  Carolinas  was  referred  to  a  Com- 
mittee, whose  report  was  adopted,  as  follows: 

The  Committee,  presuming  that  a  complete  and  perfect  enumeration 
of  all  the  objectionable  parts  of  said  book  is  not  expected,  called  the 
attention  of  the  Assembly  only  to  the  following  doctrines,  supposed  to 
be  contrary  to  the  Confession  of  Faith  of  the  Presbyterian  Church: 

Doctrine  I.  That  the  active  obedience  of  Christ  constitutes  no  part  of 
that  righteousness  by  which  a  sinner  is  justified,  pp.  257,  261,  264,  3d 
corollary. 

Doctrine  II.  That  obedience  to  the  moral  law  was  not  required  as  the 
condition  of  the  covenant  of  works,  pp.  178,  180. 

These  pages  being  read,  the  Assembly  resolved  that  they  do  consider 
these  doctrines  as  contrary  to  the  Confession  of  our  Church. 

Doctrine  III.  God  Himself  is  as  firmly  bound  in  duty  (not  obedience) 
to  His  creatures  as  His  creatures  are  bound  in  obedience  or  duty  to  Him, 
pp.  164,  166.  Also,  that  God's  will  is  not  the  standard  of  right  and 
wrong.  If  God's  will  is  the  primary  rule  of  His  own  actions.  He  would 
be:  1.  Entirely  void  of  holiness;  2.  There  could  be  no  justice  in  God; 
3.  It  would  be  impossible  for  God  to  be  unchangeable;  4.  If  the  will 
of  God  is  the  standard  of  right  and  wrong,  then  it  would  be  no  infringe- 
ment on  the  divine  character  to  be  unfaithful  to  His  Word  and  promise, 
pp.  168-171. 

These  pages  being  read. 

Resolved,  That,  without  deciding  on  the  question  whether  these  senti- 
ments are  contrary  to  our  Confession  of  Faith,  the  Assembly  consider 
the  mode  in  which  they  are  expressed  as  unhappy,  and  calculated  to 
mislead  the  reader. 

Doctrine  IV.  God  could  not  make  Adam,  or  any  other  creature, 
either  holy  or  unholy.     Compare  p.  194  with  166. 

Doctrine  V.  Regeneration  must  be  a  consequence  of  faith.  Faith 
precedes  regeneration,  p.  352. 


80  CONFISSSION    OF    FAITH,    CHAT.     XI,    SECT.    VI. 

Doctrine  VI.    Faith,  iu  the  first  act  of  it,  is  not  a  holy  act,  p.  358,  etc. 

These  pages  being  read. 

Resolved,  That  the  Assembly  do  consider  the  three  last -mentioned, 
doctrines  contrary  to  the  Confession  of  Faith  of  our  Church. 

Doctrine  VII.  Christians  may  sin  willfully  and  habitually,  pp.  532, 
534. 

These  pages  being  read, 

Resolved,  That  the  Assembly  consider  the  expressions  in  the  pages 
referred  to  as  very  unguarded;  and  so  far  as  they  intimate  it  to  be  the 
author's  opinion  that  a  person  may  live  in  an  habitual  and  allowed  sin,  and 
yet  be  a  Christian,  the  Assembly  consider  them  contrary  to  the  lettei* 
and  spirit  of  the  Confession  of  Faith  of  our  Church,  and  in  their 
tendency  highly  dangerous. 

Doctrine  VIII.  If  God  has  to  plant  all  the  principal  parts  of  salva- 
tion in  a  sinner' s  heart  to  enable  him  to  believe,  the  ' '  Gospel  Plan  ' '  is 
quite  out  of  his  reach,  and  consequently  does  not  suit  his  case;  and  it 
must  be  impossible  for  God  to  condemn  a  man  for  unbelief,  for  no  just 
law  condemns  or  criminates  any  person  for  not  doing  what  he  cannot 
do,  p.  413. 

This  page,  and  several  others  on  the  same  subject,  being  read, 

Resolved,  That  the  Assembly  do  consider  this  last-mentioned  doctrine 
contrary  to  the  Confession  of  Faith  of  our  Church. 

On  the  whole. 

Resolved,  That  this  Assembly  cannot  but  view  with  disapprobation 
various  parts  of  the  work  entitled  "  The  Gospel  Flan,"  of  which  AVil- 
liam  C.  Davis  is  stated  in  the  title-page  to  be  the  author.  In  several 
instances  in  this  work,  modes  of  expression  are  adopted,  so  different 
from  those  which  are  sanctioned  by  use  and  by  the  best  orthodox  writers, 
that  the  Assembly  consider  them  as  calculated  to  produce  useless  or 
mischievous  speculations. 

In  several  other  instances  there  are  doctrines  asserted  and  advocated, 
as  has  been  already  decided,  contrary  to  the  Confession  of  Faith  of  our 
Church  and  the  Word  of  God;  which  doctrines  the  Assembly  feel 
constrained  to  pronounce  to  be  of  very  dangerous  tendency;  and  the 
Assembly  do  judge,  and  do  hereby  declare,  that  the  preaching  or 
publishing  of  them  ought  to  subject  the  person  or  persons  so  doing  to  be 
dealt  with  by  their  respective  Presbyteries,  according  to  the  discipline  of 
the  Church  relative  to  the  propagation  of  errors. — 1810,  pp.  448,  452,  453. 

[Note. — See  Baird's  Digest  (revised  edition),  pp.  64&-648.  Mr.  Davis  was  subse- 
quently suspended  and  deposed  by  the  Presbytery  of  Concord,  October,  1811.] 

2.  Case  of  Rev.  Thomas  B.  Craighead. 

[On  an  appeal  from  the  Synod  of  Kentuck3^  After  speaking  of 
certain  irregularities  in  the  conduct  both  of  the  Synod  and  the  appellant, 
they  say,] 

But  from  matters  of  form  the  General  Assembly  will  now  pass  to  the 
merits  of  the  case;  and  for  the  sake  of  brevity,  the  first  and  second 
charges  only  shall  be  brought  into  view. 

"  Charge  1.  We  charge  him  with  denying  and  vilifying  the  real 
agency  of  the  Spirit  in  regeneration,  and  in  the  production  of  faith  and 
.sanctification  in  general." 

And  first  they  would  observe  that  there  can  be  no  doubt  that  the 
denial  of  the  real  agency  of  the  Spirit  is  a  dangerous  and  fundamental 


OF   JUSTIFICATION.  81 

error;  and  if  Mr.  Craighead  taught  such  au  error,  he  ought  to  have 
been  suspended. 

The  question  then  is,  Do  the  passages  of  Mr.  Craighead's  sermon 
referred  to  in  the  charge  prove  that  he  did  deny  the  reality  of  the  opera- 
tions of  the  Spirit  ? 

Here  it  will  be  important  to  remark  that  a  man  cannot  fairly  be 
convicted  of  heresy  for  using  expressions  which  may  be  so  interpreted  as 
to  involve  heretical  doctrines  if  they  may  also  admit  of  a  more  favorable 
construction,  because  no  one  can  tell  in  what  sense  an  ambiguous  expres- 
sion is  used  but  the  speaker  or  writer,  and  he  has  a  right  to  explain 
himself;  and  in  such  cases  candor  requires  that  a  court  should  favor  the 
accused,  by  putting  on  his  words  the  more  favorable,  rather  than  the  less 
favorable,  construction. 

Another  principle  is  that  no  man  can  rightly  be  convicted  of  heresy 
by  inference  or  implication — that  is,  we  must  not  charge  an  accused 
person  with  holding  those  consequences  which  may  legitimately  flow  from 
his  assertions.  Many  nien  are  grossly  inconsistent  with  themselves;  and 
while  it  is  right  in  argument  to  overthrow  false  opinions  by  tracing  them 
in  their  connections  and  consequences,  it  is  not  right  to  charge  any  man 
with  an  opinion  which  he  disavows. 

With  these  principles  in  view,  the  General  Assembly  proceed  to 
observe  that  there  is  abundant  evidence  that  Mr.  Craighead  did  deny 
the  immediate  agency  of  the  Spirit,  but  no  clear  evidence  that  he  denied 
the  real  agency  of  the  Spirit.  These  are  very  different  things,  and  the 
proof  of  the  one  does  by  no  means  establish  the  other.  Immediate 
agency  or  operation  is  opposed  to  mediate.  This  is  a  well-known  dis- 
tinction in  theology,  and  a  point  which  has  been  greatly  controverted. 
The  Reformed  Church,  of  which  ours  is  a  part,  in  all  their  purest  times, 
maintained  the  doctrine  of  the  immediate  operation  of  the  Spirit,  not 
without  the  Word,  but  distinct  from  it,  and  in  the  order  of  nature 
preceding  it.  Other  Protestant  Churches,  never  charged  with  funda- 
mental error,  have  as  uniformly  maintained  the  doctrine  of  a  mediate 
agency,  and  those  commonly  believe  that  this  operation  is  not  occasional, 
but  uniform,  and  diversified  in  its  effects  by  the  difference  of  resistance 
with  which  it  meets.  Neither  the  Presbytery  nor  the  Synod  appear  to 
have  attended  sufficiently  to  this  distinction.  They  appear  to  have 
thought  that  a  denial  of  immediate  agency  was  a  denial  of  all  real 
agency.  It  deserves  special  regard  here  that  our  Confession  takes  no 
notice  of  these  nice  distinctions  about  the  mode  in  which  the  Holy  Spirit 
operates.  It  usually  mentions  the  Word  and  the  Spirit  together,  and 
the  former  as  the  instrument  of  the  latter.  And  they  who  believe  in 
the  immediate  agency  of  the  Spirit  do  not  exclude  the  instrumentality  of 
the  Word;  they,  however,  explain  it  in  a  different  way  from  those  who 
hold  that  there  is  no  agency  of  the  Spirit  distinct  from  the  Word.  But 
this  is  the  more  favorable  construction;  there  is  another  which,  if  not 
more  probable,  is  more  obvious.  Mr.  Craighead  may  be  understood  as 
teaching  that  the  only  real  agency  of  the  Spirit  was  in  inspiring  the 
Scriptures  and  confirming  them  by  signs  and  miracles.  There  is  much 
in  his  discourse  that  has  this  bearing,  and  undoubtedly  this  is  the 
common  impression  among  the  people  where  it  is  best  known.  This  was 
the  idea  of  the  Synod  of  Kentucky  when  they  condemned  him,  and  this 
is  in  fact  denying  the  reality  of  the  operation  of  the  Spirit  in  our  days; 
and  whether  his  expressions  have  been  fairly  interpreted  or  not,  they  are 
6 


82  CONFESSION    OF    FAITH,    CHAPS.    XI-XIII. 

dangerous,  and  ought  to  be  condemned.  In  justice  to  Mr.  Craighead, 
however,  it  ought  to  be  remembered  that  he  utterly  disclaims  this  mean- 
ing in  his  defense  set  up  to  this  Assembly;  and  would  it  be  fair  to 
continue  to  charge  upon  him  opinions  which  he  solemnly  disavows  ?  Of 
the  sincerity  of  his  disavowal  (iod  is  the  judge.  The  conclusion  is  that 
the  first  charge,  though  supported  by  strong  probabilities,  is  not  so  con- 
clusively established  as  to  remove  all  doubts,  because  the  words  adduced 
in  proof  will  bear  a  different  construction  from  that  put  on  them  by  the 
Presbytery  and  Synod. 

The  evidence  in  support  of  the  second  charge  is  still  less  clear  and 
conclusive.     The  charge  is: 

"  We  charge  him  with  denying,  vilifying  and  misrepresenting  the 
doctrine  of  divine  fore-ordination  and  sovereignty  and  election." 

It  might,  perhaps,  be  shown  by  argument  that  Mr.  Craighead  uses 
many  expressions  not  consistent  with  these  doctrines;  but  agreeably  to 
the  principle  laid  down  above,  he  must  not  be  charged  with  holding  these 
consequences  unless  he  has  avowed  them.  These  passages  of  his  dis- 
course, it  is  true,  contain  erroneous  and  offensive  things,  but  they  do  not 
establish  the  charge  of  denying,  vilifying,  etc.  In  one  single  instance 
he  seems  to  deny  that  everything  should  be  referred  to  the  sovereignty 
of  God's  will,  but  the  words  in  their  connection  may  have  an  innocent 
meaning.  Here  again  it  must  be  observed  that  Mr.  Craighead  solemnly 
declares  his  belief  in  the  doctrine  of  decrees  and  election  as  expressed 
in  our  Standards. 

But  whilst  the  General  Assembly  are  of  opinion  that  the  charges 
against  Mr.  Craighead  are  not  clearly  and  fully  supported  by  the  refer- 
ences, they  feel  it  to  be  their  duty  to  say  that  the  impression  which  they 
have  received  from  hearing  extracts  from  this  discourse  are  very  unfav- 
orable,- and  they  do  believe  that  Mr.  Craighead  by  preaching  and  print- 
ing this  sermon  did  subject  himself  justly  to  censure. 

Moreover,  the  Assembly  are  of  opinion  that  the  doctrines  of  this 
sermon,  in  the  most  favorable  construction,  are  different  from  those  of 
the  Reformed  Churches  and  of  our  Church,  and  are  erroneous,  although 
the  error  is  not  of  fundamental  importance.  They  have  observed  also, 
that  this  discourse  contains  many  unjust  and  illiberal  reflections  on  the 
doctrines  which  have  been  the  common  and  uniform  belief  of  the  great 
majority  of  the  preachers  and  writers  of  the  Reformed  Churches.  He 
mentions  the  names  of  a  few  persons  as  favoring  the  doctrine  which  he 
opposes;  but  he  might  have  put  into  the  list  almost  every  standard  writer 
of  our  own  and  sister  Churches  since  the  Reformation. 

The  sermon  also  contains  much  declamation  which  confounds  fanati- 
cism and  piety,  and  representations  of  opinions  which  are  true  and 
important,  so  associated  with  error  and  absurdity,  as  to  exhibit  them  in 
a  ridiculous  and  odious  light. 

Finally,  the  General  Assembly  are  deeply  impressed  with  the  evidences 
of  an  improper  spirit  and  an  evil  tendency  in  this  sermon,  and  are  of 
opinion  that  Mr.  Craighead  ought  so  to  retract  or  explain  his  sentiments 
as  to  afford  reasonable  satisfaction  to  his  brethren. 

Whereupon,  Resolved,  That  as  the  proceedings  in  the  case  of  Mr. 
Craighead  have  been,  in  many  respects,  irregular,  and  he  has  suffered 
much  injury  from  the  delay  produced  by  these  irregularities,  and 
whereas,  also,  the  charges  are  not  so  conclusively  established  as  to  remove 
all  doubt,  the  General  Assembly  cannot  see  their  way  clear  finally  to 


OF   ADOPTION    AND   SANCTIFICATION.  83 

confirm  the  sentence  of  the  Synod  of  Kentucky,  although  they  are  of 
the  opinion  that  Mr.  Craighead  has  subjected  himself,  by  preaching  and 
printing  this  sermon,  to  just  censure.  But  as  Mr.  Craighead  has  had  no 
fair  opportunity  of  vindicating  himself,  or  of  making  satisfactory  expla- 
nations or  retractions,  therefore, 

Resolved,  That  the  whole  cause  be  transmitted  to  the  Presbytery  of 
West  Tennessee,  in  the  bounds  of  which  Mr.  Craighead  resides;  and 
that  they  be  directed  to  give  him  an  early  opportunity  of  offering  that 
satisfaction  which  the  Church  expects,  for  the  offense  received ;  and  that 
upon  receiving  such  explanation  or  retractions  as  to  them  shall  be  satis- 
factory, Mr.  Craighead  be  restored  to  the  Gospel  ministry,  from  which  he 
has  been  suspended. — 1824,  pp.  122-124. 

[Note. — Mr.  Craighead  was  restored.    See  Baird's  Digest  (revised  edition),  pp.  649- 
655.J 


CHAPTER  XII. 
OF  ADOPTION. 


I.  All  those  that  are  justified,  God  vouchsafeth,  in  and  for  his  only 
Son  Jesus  Christ,  to  make  partakers  of  the  grace  of  adoption:  by  which 
they  are  taken  into  the  number,  and  enjoy  the  liberties  and  privileges  of 
the  children  of  God;  have  his  name  put  upon  them;  receive  the  Spirit 
of  adoption;  have  access  to  the  throne  of  grace  with  boldness;  are 
enabled  to  cry  Abba,  Father;  are  pitied,  protected,  provided  for,  and 
chastened  by  him  as  by  a  Father ;  yet  never  cast  oflT,  but  sealed  to  the  day 
of  redemption,  and  inherit  the  promises,  as  heirs  of  everlasting  salvation. 


CHAPTER  XIII. 
OF  SANCTIFICATION. 


I.  They  who  are  effectually  called  and  I'egenerated,  having  a  new 
heart  and  a  new  spirit  created  in  them,  are  further  sanctified,  really  and 
personally,  through  the  virtue  of  Christ's  death  and  resurrection,  by  his 
Word  and  Spirit  dwelling  in  them:  the  dominion  of  the  whole  body  of 
sin  is  destroyed,  and  the  several  lusts  thereof  are  more  and  more  weak- 
ened and  mortified;  and  they  more  and  more  quickened  and  strength- 
ened, in  all  saving  graces,  to  the  practice  of  true  holiness,  without  which 
no  man  shall  see  the  Lord. 

II.  This  sanctification  is  throughout  in  the  whole  man,  yet  imperfect 
in  this  life:  there  abideth  still  some  remnants  of  corruption  in  every 
part,  whence  ariseth  a  continual  and  irreconcilable  war,  the  flesh  lusting 
against  the  spirit,  and  the  spirit  against  the  flesh. 

III.  In  which  war,  although  the  remaining  corruption  for  a  time  may 
much  prevail,  yet,  through  the  continual  supply  of  strength  from  the 
sanctifying  Spirit  of  Christ,  the  regenerate  part  doth  overcome:  and  so 
the  saints  grow  in  grace,  perfecting  holiness  in  the  fear  of  God. 


84  CONFESSION    OF    FAITH,    CHAPS.    XIV-XVI. 

CHAPTER   XIV. 
OF  SA  VINQ  FAITH. 

I.  The  grace  of  faith,  whereby  the  elect  are  enabled  to  believe  to  the 
saving  of  their  souls,  is  the  work  of  the  Spirit  of  Christ  in  their  hearts; 
and  is  ordinarily  wrought  by  the  ministry  of  the  Word:  by  which  also, 
and  by  the  administration  of  the  Sacraments,  and  prayer,  it  is  increased 
and  strengthened. 

II.  By  this  faith,  a  Christian  believeth  to  be  true,  whatsoever  is  re- 
vealed in  the  Word,  for  the  authority  of  God  himself  speaking  therein: 
and  acteth  differently,  upon  that  which  each  particular  passage  thereof 
containeth ;  yielding  obedience  to  the  commands,  trembling  at  the  threat- 
enings,  and  embracing  the  promises  of  God  for  this  life,  and  that  which 
is  to  come.  But  the  principal  acts  of  saving  faith  are,  accepting,  re- 
ceiving, and  resting  upon  Christ  alone  for  justification,  sanctification, 
and  eternal  life,  by  virtue  of  the  covenant  of  grace. 

III.  This  faith  is  different  in  degrees,  Aveak  or  strong;  may  be  often 
and  many  ways  assailed  and  weakened,  but  gets  the  victory;  growing 
up  in  many  to  the  attainment  of  a  full  assurance  through  Christ,  who  is 
both  the  author  and  finisher  of  our  faith. 


CHAPTER  XV. 
OF  REPENTANCE  UNTO  LIFE. 

I.  Repentance  unto  life  is  an  evangelical  grace,  the  doctrine  whereof 
is  to  be  preached  by  every  minister  of  the  gospel,  as  well  as  that  of 
faith  in  Christ. 

II.  By  it  a  sinner,  out  of  the  sight  and  sense,  not  only  of  the  danger, 
but  also  of  the  filthiness  and  odiousness  of  his  sins,  as  contrary  to  the 
holy  nature  and  righteous  law  of  God,  and  upon  the  apprehension  of 
his  mercy  in  Christ  to  such  as  are  penitent,  so  grieves  for  and  hates  his 
sins,  as  to  turn  from  them  all  unto  God,  purposing  and  endeavoring  to 
walk  with  him  in  all  the  ways  of  his  commandments. 

III.  Although  repentance  be  not  to  be  i-ested  in  as  any  satisfaction 
for  sin,  or  any  cause  of  the  pardon  thereof,  which  is  the  act  of  God's 
free  grace  in  Christ;  yet  is  it  of  such  necessity  to  all  sinners,  that  none 
may  expect  pardon  without  it. 

IV.  As  there  is  no  sin  so  small  but  it  deserves  damnation ;  so  there  is 
no  sin  so  great,  that  it  can  bring  damnation  upon  those  who  truly  repent, 

V.  Men  ought  not  to  content  themselves  with  a  general  repentance, 
but  it  is  every  man's  duty  to  endeavor  to  repent  of  his  particular  sins, 
particularly. 


OF  SAVING  FAITH,  REPENTANCE  AND  GOOD  WORKS.  85 

VI.  As  every  man  is  bound  to  make  private  confession  of  his  sins  to 
God,  praying  for  the  pardon  thereof;  upon  which,  and  the  forsaking  of 
them,  he  shall  find  mercy:  so  he  that  scandalizeth  his  brother,  or  the 
Church  of  Christ,  ought  to  be  willing,  by  a  private  or  public  confession 
and  sorrow  for  his  sin,  to  declare  his  repentance  to  those  that  are 
ofiended;  who  are  thereupon  to  be  reconciled  to  him,  and  in  love  to 
receive  him. 


CHAPTER  XVI. 
OF  GOOD  WORKS. 


I.  Good  works  are  only  such  as  God  hath  commanded  in  his  holy 
Word,  and  not  such  as,  without  the  warrant  thereof,  are  devised  by  men 
out  of  blind  zeal,  or  upon  any  pretense  of  good  intention. 

II.  These  good  works,  done  in  obedience  to  God's  commandments, 
are  the  fruits  and  evidences  of  a  true  and  lively  faith:  and  by  them 
believers  manifest  their  thankfulness,  strengthen  their  assurance,  edify 
their  brethren,  adorn  the  profession  of  the  gospel,  stop  the  mouths  of  the 
adversaries,  and  glorify  God,  whose  workmanship  they  are,  created  in 
Christ  Jesus  thereunto;  that,  having  their  fruit  unto  holiness,  they  may 
have  the  end,  eternal  life. 

III.  Their  ability  to  do  good  works  is  not  at  all  of  themselves,  but 
wholly  from  the  Spirit  of  Christ.  And  that  they  may  be  enabled  there- 
unto, besides  the  graces  they  have  already  received,  there  is  required  an 
actual  influence  of  the  same  Holy  Spirit  to  work  in  them  to  will  and  to 
do  of  his  good  pleasure :  yet  are  they  not  hereupon  to  grow  negligent, 
as  if  they  were  not  bound  to  perform  any  duty  unless  upon  a  special 
motion  of  the  Spirit;  but  they  ought  to  be  diligent  in  stirring  up  the 
grace  of  God  that  is  in  them. 

IV.  They  who,  in  their  obedience,  attain  to  the  greatest  height  which 
is  possible  in  this  life,  are  so  far  from  being  able  to  supererogate  and  to 
do  more  than  God  requires,  that  they  fall  short  of  much  which  in  duty 
they  are  bound  to  do. 

V.  We  cannot,  by  our  best  works,  merit  pardon  of  sin,  or  eternal 
life,  at  the  hand  of  God,  by  reason  of  the  great  disproportion  that  is 
between  them  and  the  glory  to  come,  and  the  infinite  distance  that  is 
between  us  and  God,  whom  by  them  we  can  neither  profit,  nor  satisfy 
for  the  debt  of  our  former  sins;  but,  when  we  have  done  all  we  can,  we 
have  done  but  our  duty,  and  are  unprofitable  servants;  and  because,  as 
they  are  good,  they  proceed  from  his  Spirit;  and,  as  they  are  wrought  by 
us,  they  are  defiled  and  mixed  with  so  much  weakness  and  imperfec- 
tion, that  they  cannot  endure  the  severity  of  God's  judgment. 

VI.  Yet  notwithstanding,  the  persons  of  believers  being  accepted 
through  Christ,  their  good  works  also  are  accepted  in  him,  not  as  though 


86  CONFESSION    OF    FAITH,    CHAP.    XVII-XIX. 

they  were  in  this  life  wholly  unblamable  and  unreprovable  in  God's 
sight;  but  that  he,  looking  upon  them  in  his  Son,  is  pleased  to  accept 
and  reward  that  which  is  sincere,  although  accompanied  with  many 
weaknesses  and  imperfections. 

VII.  Works  done  by  unregenerate  men,  although,  for  the  matter  of 
them,  they  may  be  things  which  God  commands,  and  of  good  use  both 
to  themselves  and  others:  yet,  because  they  proceed  not  from  a  heart 
purified  by  faith ;  nor  are  done  in  a  right  manner,  according  to  the  Word ; 
nor  to  a  right  end  the  glory  of  God;  they  are  therefore  sinful,  and 
cannot  please  God,  or  make  a  man  meet  to  receive  grace  from  God.  And 
yet  their  neglect  of  them  is  more  sinful,  and  displeasing  unto  God. 


CHAPTER  XVII. 
OF  THE  PERSEVERANCE  OF  THE  SAINTS. 

I.  They  whom  God  hath  accepted  in  his  Beloved,  effectually  called 
and  sanctified  by  his  Spirit,  can  neither  totally  nor  finally  fall  away  from 
the  state  of  grace ;  but  shall  certainly  persevere  therein  to  the  end,  and 
be  eternally  saved. 

II.  This  perseverance  of  the  saints  depends,  not  upon  their  own  free- 
will, but  upon  the  immutability  of  the  decree  of  election,  flowing  from 
the  free  and  unchangeable  love  of  God  the  Father;  upon  the  efficacy  of 
the  merit  and  intercession  of  Jesus  Christ;  the  abiding  of  the  Spirit  and 
of  the  seed  of  God  within  them;  and  the  nature  of  the  covenant  of 
grace:  from  all  which  ariseth  also  the  certainty  and  infallibility  thereof. 

III.  Nevertheless  they  may,  through  the  temptations  of  Satan  and  of 
the  world,  the  prevalency  of  corruption  remaining  in  them,  and  the 
neglect  of  the  means  of  their  preservation,  fall  into  grievous  sins;  and 
for  a  time  continue  therein :  whereby  they  incur  God' s  displeasure,  and 
grieve  his  Holy  Spirit;  come  to  be  deprived  of  some  measure  of  their 
graces  and  comforts;  have  their  hearts  hardened,  and  their  consciences 
wounded;  hurt  and  scandalize  others,  and  bring  temporal  judgments 
upon  themselves. 


CHAPTER  XVIII. 

OF  THE  ASSURANCE  OF  GRACE  AND  SALVATION. 

I.  Although  hypocrites,  and  other  unregenerate  men,  may  vainly 
deceive  themselves  with  false  hopes  and  carnal  presumptions  of  being  in 
the  favor  of  God  and  estate  of  salvation;  which  hope  of  theirs  shall 
perish :  yet  such  as  truly  believe  in  the  Lord  Jesus,  and  love  him  in 
sincerity,  endeavoring  to  walk  in  all  good  conscience  before  him,  may  in 


OP   PERSEVERANCE,    ASSURANCE   AND   THE    LAW.  87 

this  life  be  certainly  assured  that  they  are  in  a  state  of  grace,  and  may 
rejoice  in  the  hope  of  the  glory  of  God;  which  hope  shall  never  make 
them  ashamed. 

II.  This  certainty  is  not  a  bare  conjectural  and  probable  persuasion, 
grounded  upon  a  fallible  hope;  but  an  infallible  assurance  of  faith> 
founded  upon  the  divine  truth  of  the  promises  of  salvation,  the  inward 
evidence  of  those  graces  unto  which  these  promises  are  made,  the  testi- 
mony of  the  Spirit  of  adoption  witnessing  with  our  spirits  that  we  are  the 
children  of  God :  which  Spirit  is  the  earnest  of  our  inheritance,  whereby 
we  are  sealed  to  the  day  of  redemption. 

III.  This  infallible  assurance  doth  not  so  belong  to  the  essence  of  faith, 
but  that  a  true  believer  may  wait  long,  and  conflict  with  many  difficulties 
before  he  be  partaker  of  it:  yet,  being  enabled  by  the  Spirit  to  know 
the  things  which  are  freely  given  him  of  God,  he  may,  without  extraor- 
dinary revelation,  in  the  right  use  of  ordinary  means,  attain  thereunto. 
And  therefore  it  is  the  duty  of  every  one  to  give  all  diligence  to  make  his 
calling  and  election  sure;  that  thereby  his  heart  may  be  enlarged  in 
peace  and  joy  in  the  Holy  Ghost,  in  love  and  thankfulness  to  God,  and 
in  strength  and  cheerfulness  in  the  duties  of  obedience,  the  proper  fruits 
of  this  assurance:  so  far  is  it  from  inclining  men  to  looseness. 

IV.  True  believers  may  have  the  assurance  of  their  salvation  divers 
ways  shaken,  diminished,  and  intermitted:  as,  by  negligence  in  preserv- 
ing of  it;  by  falling  into  some  special  sin,  which  woundeth  the  conscience, 
and  grieveth  the  Spirit;  by  some  sudden  or  vehement  temptation;  by 
God's  withdrawing  the  light  of  his  countenance,  and  suffering  even  such 
as  fear  him  to  walk  in  darkness  and  to  have  no  light:  yet  are  they 
never  utterly  destitute  of  that  seed  of  God,  and  life  of  faith ;  that  love  of 
Christ  and  the  brethren ;  that  sincerity  of  heart  and  conscience  of  duty ; 
out  of  which,  by  the  operation  of  the  Spirit,  this  assurance  may  in  due 
time  be  revived,  and  by  the  which,  in  the  mean  time,  they  are  supported 
from  utter  despair. 


CHAPTER  XIX. 
OF  THE  LAW  OF  GOD. 


I.  God  gave  to  Adam  a  law,  as  a  covenant  of  works,  by  which  he 
bound  him  and  all  his  posterity  to  personal,  entire,  exact,  and  perpetual 
obedience;  promised  life  upon  the  fulfilling,  and  threatened  death  upon 
the  breach  of  it ;  and  endued  him  with  power  and  ability  to  keep  it. 

II.  This  law,  after  his  fall,  continued  to  be  a  perfect  rule  of  righte- 
ousness, and,  as  such,  was  delivered  by  God  upon  Mount  Sinai  in  ten 
commandments,  and  written  in  two  tables;  the  first  four  commandments 
containing  our  duty  towards  God,  and  the  other  six  our  duty  to  man. 


88  CONFESSION    OF    FAITH,    CHAPS.     XIX-XXI. 

III.  Besides  this  law,  commonly  called  moral,  God  was  pleased  to 
give  to  the  people  of  Israel,  as  a  Church  uuder  age,  ceremonial  laws, 
containing  several  typical  ordinances,  partly  of  worship,  prefiguring 
Christ,  his  graces,  actions,  sufterings,  and  benefits;  and  partly  holding 
forth  divers  instructions  of  moral  duties.  All  which  ceremonial  laws 
are  now  abrogated  under  the  New  Testament. 

IV.  To  them  also,  as  a  body  politic,  he  gave  sundry  judicial  laws, 
which  expired  together  with  the  state  of  that  people,  not  obliging  any 
other,  now,  further  than  the  general  equity  thereof  may  require. 

V.  The  moral  law  doth  for  ever  bind  all,  as  well  justified  persons  as 
others,  to  the  obedience  thereof;  and  that  not  only  in  regard  of  the 
matter  contained  in  it,  but  also  in  respect  of  the  authority  of  God  the 
Creator  who  gave  it.  Neither  doth  Christ  in  the  gospel  any  way  dis- 
solve, but  much  strengthen,  this  obligation. 

VI.  Although  true  believers  be  not  under  the  law  as  a  covenant  of 
works,  to  be  thereby  justified  or  condemned;  yet  is  it  of  great  use  to 
them,  as  well  as  to  others;  in  that,  as  a  rule  of  life,  informing  them  of 
the  will  of  God  and  their  duty,  it  directs  and  binds  them  to  walk  accord- 
ingly; discovering  also  the  sinful  pollutions  of  their  nature,  hearts,  and 
lives;  so  as,  examining  themselves  thereby,  they  may  come  to  further 
conviction  of,  humiliation  for,  and  hatred  against  sin;  together  with  a 
clearer  sight  of  the  need  they  have  of  Christ,  and  the  perfection  of  his 
obedience.  It  is  likewise  of  use  to  the  regenerate,  to  restrain  their  cor- 
ruptions, in  that  it  forbids  sin;  and  the  threatenings  of  it  serve  to  show, 
what  even  their  sins  deserve,  and  what  afflictions  in  this  life  they  may 
expect  for  them,  although  freed  from  the  curse  thereof  threatened  in  the 
law.  The  promises  of  it,  in  like  manner,  show  them  God's  approbation 
of  obedience,  and  what  blessings  they  may  expect  upon  the  performance 
thereof,  although  not  as  due  to  them  by  the  law  as  a  covenant  of  works: 
so  as  a  man's  doing  good,  and  refraining  from  evil,  because  the  law 
encourageth  to  the  one,  and  deterreth  from  the  other,  is  no  evidence  of 
his  being  under  the  law,  and  not  under  grace. 

VII.  Neither  are  the  forementioned  uses  of  tlie  law  contrary  to  the 
grace  of  the  gospel,  but  do  sweetly  comply  with  it;  the  Spirit  of  Christ 
subduing  and  enabling  the  will  of  man  to  do  that  freely  and  cheerfully, 
which  the  will  of  God,  revealed  in  the  law,  requireth  to  be  done. 


CHAPTER  XX. 


OF  CHRISTIAN  LIBERTY,  AND  LIBERTY  OF 
CONSCIENCE. 

I.    The  liberty  which  Christ  hath  purchased  for  believers  under  the 
gospel  consists  in  their  freedom  from  the  guilt  of  sin,   the  condemning 


OF   CHRISTIAN    LIBERTY    AND    RELIGIOUS    WORSHIP.  89 

wrath  of  God,  the  curse  of  the  moral  law,  and  in  their  being  delivered 
from  this  present  evil  world,  bondage  to  Satan,  and  dominion  of  sin, 
from  the  evil  of  afflictions,  the  sting  of  death,  the  victory  of  the  grave, 
and  everlasting  damnation;  as  also  in  their  free  access  to  God,  and  their 
yielding  obedience  unto  him,  not  out  of  slavish  fear,  but  a  child-like 
love,  and  a  willing  mind.  All  which  were  common  also  to  believers 
under  the  law :  but  under  the  New  Testament,  the  liberty  of  Christians 
is  further  enlarged  in  their  freedom  from  the  yoke  of  the  ceremonial 
law,  to  which  the  Jewish  Church  was  subjected ;  and  in  greater  boldness 
of  access  to  the  throne  of  grace,  and  in  fuller  comnmnications  of  the 
free  Spirit  of  God,  than  believers  under  the  law  did  ordinarily  partake  of. 

II.  God  alone  is  lord  of  the  conscience,  and  hath  left  it  free  from  the 
doctrines  and  commandments  of  men  which  are  in  any  thing  contrary  to 
his  Word,  or  beside  it,  in  matters  of  faith  or  worship.  So  that  to  believe 
such  doctrines,  or  to  obey  such  commandments  out  of  conscience,  is  to 
betray  true  liberty  of  conscience ;  and  the  requiring  of  an  implicit  faith, 
and  an  absolute  and  blind  obedience,  is  to  destroy  liberty  of  conscience, 
and  reason  also. 

[Note. — See  Form  of  Government,  Chap,  i,  Sees,  i  and  vii.] 

III.  They  who,  upon  pretence  of  Christian  liberty,  do  practice  any 
sin,  or  cherish  any  lust,  do  thereby  destroy  the  end  of  Christian  liberty ; 
which  is,  that,  being  delivered  out  of  the  hands  of  our  enemies,  we 
might  serve  the  Lord  without  fear,  in  holiness  and  righteousness  before 
him,  all  the  days  of  our  life. 

IV.  And  because  the  powers  which  God  hath  ordained,  and  the 
liberty  which  Christ  hath  purchased,  are  not  intended  by  God  to  destroy, 
but  mutually  to  uphold  and  preserve  one  another;  they  who,  upon  pre- 
tence of  Christian  liberty,  shall  oppose  any  lawful  power,  or  the  lawful 
exercise  of  it,  whether  it  be  civil  or  ecclesiastical,  resist  the  ordinance  of 
God.  And  for  their  publishing  of  such  opinions,  or  maintaining  of  such 
practices,  as  are  contrary  to  the  light  of  nature;  or  to  the  known  princi- 
ples of  Christianity,  whether  concerning  faith,  worship,  or  conversation; 
or  to  the  power  of  godliness:  or  such  erroneous  opinions  or  practices,  as 
either,  in  their  own  nature,  or,  in  the  manner  of  publishing  or  main- 
taining them,  are  destructive  to  the  external  peace  and  order  which  Christ 
hath  established  in  the  Church:  they  may  lawfully  be  called  to  account, 
and  proceeded  against  by  the  censures  of  the  Church. 


CHAPTER  XXI. 

OF  RELIGIOUS  WORSHIP  AND  THE  SABBATH-DAY. 

I.    The  light  of  nature  showeth  that  there  is  a  God,  who  hath  lordship 
and  sovereignty  over  all;  is  good,  and  doeth  good  unto  all;  and  is  there- 


90  CONFESSION    OF    FAITH,    CHAPS.    XXI-XXII. 

fore  to  be  feared,  loved,  praised,  called  upon,  trusted  in,  and  served  with 
all  the  heart,  and  with  all  the  soul,  and  with  all  the  might.  But  the 
acceptable  way  of  worshiping  the  true  God  is  instituted  by  himself,  and 
so  limited  by  his  own  revealed  will,  that  he  may  not  be  worshiped  accord- 
ing to  the  imaginations  and  devices  of  men,  or  the  suggestions  of  Satan, 
under  any  visible  representation,  or  any  other  way  not  prescribed  in  the 
Holy  Scripture. 

II.  Religious  worship  is  to  be  given  to  God,  the  Father,  Son,  and 
Holy  Ghost;  and  to  him  alone:  not  to  angels,  saints,  or  any  other  crea- 
ture: and,  since  the  fall,  not  without  a  Mediator;  nor  in  the  mediation 
of  any  other  but  of  Christ  alone. 

III.  Prayer,  with  thanksgiving,  being  one  special  part  of  religious 
worship,  is  by  God  required  of  all  men;  and,  that  it  may  be  accepted, 
it  is  to  be  made  in  the  name  of  the  Son,  by  the  help  of  his  Spirit, 
according  to  his  will,  with  understanding,  reverence,  humility,  fervency, 
faith,  love,  and  perseverance;  and,  if  vocal,  in  a  known  tongue. 

IV.  Prayer  is  to  be  made  for  things  lawful,  and  for  all  sorts  of  men 
living,  or  that  shall  live  hereafter;  but  not  for  the  dead,  nor  for  those  of 
whom  it  may  be  known  that  they  have  sinned  the  sin  unto  death. 

V.  The  reading  of  the  Scriptures  with  godly  fear;  the  sound  preach- 
ing, and  conscionable  hearing  of  the  Word,  in  obedience  unto  God,  with 
understanding,  faith,  and  reverence;  singing  of  psalms  with  grace  in  the 
heart;  as,  also,  the  due  administration  and  worthy  receiving  of  the 
Sacraments  instituted  by  Christ;  are  all  parts  of  the  ordinary  religious 
worship  of  God:  besides  religious  oaths,  and  vows,  solemn  fastings,  and 
thanksgivings  upon  special  occasions;  which  are,  in  their  several  times 
and  seasons,  to  be  used  in  an  holy  and  religious  manner. 

VI.  Neither  prayer,  nor  any  other  part  of  religious  worship,  is  now, 
under  the  gospel,  either  tied  unto,  or  made  more  acceptable  by,  any  place 
in  which  it  is  performed,  or  towards  which  it  is  directed:  but  God  is  to  be 
worshiped  everywhere  in  spirit  and  in  truth ;  as  in  private  families  daily, 
and  in  secret  each  one  by  himself;  so  more  solemnly  in  the  public  assem- 
blies, which  are  not  carelessly  or  willfully  to  be  neglected  or  forsaken, 
when  God,  by  his  Word  or  providence,  calleth  thereunto. 

VII.  As  it  is  of  the  law  of  nature,  that,  in  general,  a  due  proportion 
of  time  be  set  apart  for  the  worship  of  God;  so,  in  his  Word,  by  a  posi- 
tive, moral  and  perpetual  commandment,  binding  all  men  in  all  ages, 
he  hath  particularly  appointed  one  day  in  seven  for  a  Sabbath,  to  be 
kept  holy  unto  him:  which,  from  the  beginning  of  the  world  to  the 
resurrection  of  Christ,  was  the  last  day  of  the  week;  and,  from  the 
resurrection  of  Christ,  was  changed  into  the  first  day  of  the  week,  which 
in  Scripture  is  called  the  Lord' s  Day,  and  is  to  be  continued  to  the  end 
of  the  world,  as  the  Christian  Sabbath. 

VIII.  This  Sabbath  is  then  kept  holy  unto  the  Lord,  when  men,  after 


OF    RELIGIOUS    WORSHIP    AND    LAWFUL    OATHS.  91 

a  due  preparing  of  their  hearts,  and  ordering  of  their  common  affairs 
beforehand,  do  not  only  observe  an  holy  rest  all  the  day  from  their  own 
works,  words,  and  thoughts,  about  their  worldly  employments  and  recrea- 
tions; but  also  are  taken  up  the  whole  time  in  the  public  and  private 
exercise  of  his  worship,  and  in  the  duties  of  necessity  and  mercy. 
[Note. — See  Directory  for  Worship,  Chaps,  i,  iii,  iv,  vii,  viii  and  xv.] 


CHAPTER  XXII. 
OF  LAWFUL  OATHS  AND   VOWS. 

I.  A  lawful  oath  is  a  part  of  religious  worship,  wherein,  upon  just 
occasion,  the  person  swearing,  solemnly  calleth  God  to  witness  what  he 
asserteth  or  promiseth;  and  to  judge  him  according  to  the  truth  or  false- 
hood of  what  he  sweareth. 

II.  The  name  of  God  only  is  that  by  which  men  ought  to  swear,  and 
therein  it  is  to  be  used  with  all  holy  fear  and  reverence ;  therefore  to  swear 
vainly  or  rashly  by  that  glorious  and  dreadful  name,  or  to  swear  at  all 
by  any  other  thing,  is  sinful  and  to  be  abhorred.  Yet  as,  in  matters  of 
weight  and  moment,  an  oath  is  warranted  by  the  Word  of  God,  under 
the  New  Testament,  as  well  as  under  the  Old;  so  a  lawful  oath,  being 
imposed  by  lawful  authority,  in  such  matters,  ought  to  be  taken. 

[Note. — For  the  form  of  the  oath  or  affirmation,  see  Book  of  DiscipHne,  Chap,  viii. 
Sec.  61,  p.  672.] 

III.  Whosoever  taketh  an  oath  ought  duly  to  consider  the  weightiness 
of  so  solemn  an  act,  and  therein  to  avouch  nothing  but  what  he  is  fully 
persuaded  is  the  truth.  Neither  may  any  man  bind  himself  by  oath 
to  any  thing  but  what  is  good  and  just,  and  what  he  believeth  so  to  be, 
and  what  he  is  able  and  resolved  to  perform.  Yet  it  is  a  sin  to  refuse 
an  oath  touching  any  thing  that  is  good  and  just,  being  imposed  by  law- 
ful authority. 

IV.  An  oath  is  to  be  taken  in  the  plain  and  common  sense  of  the 
words,  without  equivocation  or  mental  reservation.  It  cannot  oblige  to 
sin;  but  in  any  thing  not  sinful,  being  taken,  it  binds  to  performance, 
although  to  a  man's  own  hurt:  nor  is  it  to  be  violated,  although  made 
to  heretics  or  infidels. 

V.  A  vow  is  of  the  like  nature  with  a  promissory  oath,  and  ought  to 
be  made  with  the  like  religious  care,  and  to  be  performed  with  the  like 
faithfulness. 

VI.  It  is  not  to  be  made  to  any  creature,  but  to  God  alone:  and,  that 
it  may  be  accepted,  it  is  to  be  made  voluntarily;  out  of  faith  and  con- 
science of  duty;  in  way  of  thankfulness  for  mercy  received;  or  for 
obtaining  of  what  we  want:  whereby  we  more  strictly  bind  ourselves  to 


92  CONFESSION    OF    FAITH,    CHAPS.    XXIII-XXIV. 

necessary  duties;  or  to  other  things,  so  far  and  so  long  as  they  may  fitly 
conduce  thereunto. 

VII.  No  man  may  vow  to  do  anything  forbidden  in  the  Word  of 
God,  or  what  would  hinder  any  duty  therein  commanded,  or  which 
is  not  in  his  own  power,  and  for  the  performance  whereof  he  hath  no 
promise  or  ability  from  God.  In  which  respects,  popish  monastical  vows 
of  perpetual  single  life,  professed  poverty,  and  regular  obedience,  are  so 
far  from  being  degrees  of  higher  perfection,  that  they  are  superstitious 
and  sinful  snares,  in  which  no  Christian  may  entangle  himself. 


CHAPTER  XXIII. 
OF  THE  CIVIL  MAGISTRATE. 

I.  God,  the  Supreme  Lord  and  King  of  all  the  world,  hath  ordained 
civil  magistrates  to  be  under  him  over  the  people,  for  his  own  glory 
and  the  public  good;  and,  to  this  end,  hath  armed  them  with  the  power 
of  the  sword,  for  the  defence  and  encouragement  of  them  that  are  good, 
and  for  the  punishment  of  evil  doers. 

II.  It  is  lawful  for  Christians  to  accept  and  execute  the  office  of  a 
magistrate,  when  called  thereunto:  in  the  managing  whereof,  as  they 
ought  especially  to  maintain  piety,  justice,  and  peace,  according  to  the 
wholesome  laws  of  each  commonwealth;  so,  for  that  end,  they  may  law- 
fully, now  under  the  New  Testament,  wage  war  upon  just  and  necessary 
occasions. 

III.  Civil  magistrates  may  not  assume  to  themselves  the  administra- 
tion of  the  Word  and  Sacraments;  or  the  power  of  the  keys  of  the 
kingdom  of  heaven;  or,  in  the  least,  interfere  in  matters  of  faith. 
Yet,  as  nursing  fathers,  it  is  the  duty  of  civil  magistrates  to  protect  the 
Church  of  our  common  Lord,  without  giving  the  preference  to  any 
denomination  of  Christians  above  the  rest,  in  such  a  manner  that  all 
ecclesiastical  persons  whatever  shall  enjoy  the  full,  free,  and  unques- 
tioned liberty  of  discharging  every  part  of  their  sacred  functions,  with- 
out violence  or  danger.  And,  as  Jesus  Christ  hath  appointed  a  regular 
government  and  discipline  in  his  Church,  no  law  of  any  commonwealth 
should  interfere  with,  let,  or  hinder,  the  due  exercise  thereof,  among 
the  voluntary  members  of  any  denomination  of  Christians,  according  to 
their  own  profession  and  belief.  It  is  the  duty  of  civil  magistrates  to 
protect  the  person  and  good  name  of  all  their  people,  in  such  an  efiectual 
manner  as  that  no  pereon  be  suffered,  either  upon  pretence  of  religion  or 
of  infidelity,  to  offer  any  indignity,  violence,  abuse,  or  injury  to  any 
other  person  whatsoever:  and  to  take  order,  that  all  religious  and  ecclesi- 
astical assemblies  be  held  without  molestation  or  disturbance. 


OF   THE    CIVIL    MAGISTRATE    AND    OF    MARRIAGE.  93 

IV,  It  is  the  duty  of  people  to  pray  for  magistrates,  to  honor  their 
persons,  to  pay  them  tribute  and  other  dues,  to  obey  their  lawful  com- 
mands, and  to  be  subject  to  their  authority,  for  conscience'  sake. 
Infidelity  or  difference  in  religion,  doth  not  make  void  the  magistrate's 
just  and  legal  authority,  nor  free  the  people  from  their  due  obedience  to 
him :  from  which  ecclesiastical  persons  are  not  exempted  ;  much  less  hath 
the  Pope  any  power  or  jurisdiction  over  them  in  their  dominions,  or  over 
any  of  their  people ;  and  least  of  all  to  deprive  them  of  their  dominions 
or  lives,  if  he  shall  judge  them  to  be  heretics,  or  upon  any  other  pre- 
tence whatsoever. 

[Note. — See  "Testimony  of  the  Assembly  on  the  Outbreak  of  the  Civil  War," 
Digest,  1886,  pp.  235,  236  ;  Minutes,  1861,  p.  446,  N.  8.  See,  also,  under  Form  of  Govern- 
ment, Chap,  viii,  Sec.  ii,  p.  154.] 


CHAPTER  XXIV. 
OF  MARRIAGE  AND  DIVORCE. 

I.  Marriage  is  to  be  between  one  man  and  one  woman:  neither  is  it 
lawful  for  any  man  to  have  more  than  one  wife,  nor  for  any  woman  to 
have  more  than  one  husband,  at  the  same  time. 

[Note. — See  Directory  for  Worship,  Chap,  xii.  Sec.  iii.] 

1.  A  minister,  having  married  again,  required  to  cease  officiating  until 

proof  is  furnished  of  the  death  of  his  first  wife. 

The  business  concerning  Mr.  Van  Vleck  and  his  people  again  taken 
into  consideration. 

It  was  concluded  that  after  the  Presbytery  had  examined  the  several 
evidences  brought  in  relation  to  the  crime  of  bigamy,  alleged  against 
Mr.  Van  Vleck,  as  also  the  exceptions  offered  by  the  said  Van  Vleck 
against  the  evidences  and  in  vindication  of  himself,  the  Presbytery  not 
finding  the  evidences  clear  and  positive  enough  to  prove  the  crime  against 
him,  and  yet  Mr.  Van  Vleck' s  vindication  not  sufficient  to  take  off  the 
scandal  wholly,  do  therefore,  till  such  time  as  Mr.  Van  Vleck  bring 
satisfying  proof  of  his  first  wife's  death,  for  the  honor  of  the  Gospel, 
advise  that  he  do  not  officiate  as  a  minister  of  the  Gospel — 1712,  p.  26. 

2.  A  bigamist  to  be  excluded  from  the  privileges  of  the  Church.    Will- 

ful desertion  a  just  cause  for  divorce.    If  just  cause  exist  and 
divorce  be  refused,  the  Church  may  receive  him. 

[Note.— See  the  case  stated.  Digest,  1886,  p.  812  ;  Minutes,  1790,  p.  28.] 

3.  Deliverances  on  polygamy  and  Mormonism. 

Polygamy  a  criminal  offence,  and  to  he  suppressed. 

a.  Overture. — The  Committee  also  recommended  the  adoption  of  the 
following  preamble  and  resolutions,  referred  to  them  by  the  Assembly: 

Whereas,  By  a  recent  decision  of  the  Supreme  Court  of  the  United 
States,  the  sin  of  polygamy  has  been  declared  to  be  a  criminal  offence 
against  the  Constitution  and  the  laws  of  our  country,  and  under  it  prose- 
cution and  conviction  have  followed ; 


94  CONFESSION    OF    FATTH,    CHAP.    XXIV,    SECT.    I. 

Resolved,  1.  That  this  Assembly  hereby  records  its  gniteful  acknowl- 
edgment to  God  that  the  legal  status  of  this  affront  to  our  Christian 
civilization  and  this  menace  to  our  social  order  has  been  finally  deter- 
mined, and  so  determined  as  to  declare  the  laws  and  the  policy  of  our 
country,  in  respect  to  this  crime,  to  be  in  accord  with  the  conscientious 
convictions  of  all  patriotic  and  Christian  men. 

Resolved,  2.  That  this  Assembly  earnestly  invokes  the  continued  and 
persistent  efforts  of  all  executive  officials  for  the  maintenance  and  the 
execution  of  this  law,  and  hereby  also  apjieals  to  the  patriotic  Christian 
men  and  women  of  our  land  to  use  their  united  influence  in  support  of 
that  public  sentiment,  now  formulated  into  legal  enactment,  which  has 
exposed  the  pretence  of  this  monstrous  practice  to  be  a  religious  observ- 
ance, and  which  justly  holds  it  to  companionship  with  other  vices  which 
are  the  contempt  and  abhorrence  of  mankind. 

Resolved,  3.  That  these  resolutions  be  transmitted  to  the  Assemblies 
now  in  session  at  Louisville  and  Memphis,  with  a  request  for  concurrent 
action. 

Resolved,  4.  That  these  resolutions  be  transmitted,  as  an  oflBcial 
expression  from  this  body,  to  His  Excellency  the  President  of  the 
United  States.— Adopted  1879,  pp.  586,  587. 

b.  Overture. — In  reply  to  the  overture  on  Mormonism,  we  recommend 
the  adoption  of  the  following: 

Resolved,  That,  inasmuch  as  the  General  Assembly  of  1879  expressed 
its  abhorrence  of  the  abominations  of  Mormonism  in  the  action  taken  on 
the  subject  of  polygamy,  and  did  further  heartily  commend  the  steps 
taken  by  the  civil  power  towards  the  total  suppression  of  this  great 
iniquity,  it  is  deemed  unnecessary  for  this  Assembly  to  make  any  further 
deliverance  in  this  matter,  other  than  to  express  its  earnest  hope  that  the 
General  Government  will  use  its  utmost  endeavor  to  wipe  out  the  last 
vestige  of  this  monstrous  evil  at  the  earliest  practicable  period.  — Adopted. 
1880,  p.  77. 

C.  Overtures  from  the  Presbyteries  of  Chicago  and  Logansport,  pray- 
ing the  Assembly  to  take  further  action  on  the  subject  of  polygamy. 
Your  Committee  would  respectfully  ofler  the  following  for  adoption  by 
the  Assembly: 

Action,  condemnatory  of  polygamy,  has  been  taken  at  several  recent 
meetings  of  the  Assembly.  Yet,  as  the  practice  of  this  vice  continues, 
not  only  unsuppressed  but  unabated,  within  the  bounds  of  our  national 
territory,  and  since  a  recent  decision  of  the  Supi'eme  Court  of  the  United 
States  makes  the  attempt  to  strike  it  more  difficult  than  before,  the 
Assembly  feels  that  silence  on  the  subject  would  now  be  inexcusable. 
This  enormous  wickedness  has  gradually  grown  through  a  period  of  years, 
organizing  itself  into  a  government  for  its  own  defence,  under  the  eye  of 
the  National  Government,  until  it  has  gained  sufficient  force  to  defy  the 
legislative  and  executive  power  of  the  nation.  It  now  stands  more 
haughty  and  resolved  than  ever.  Its  efforts  to  strengthen  itself  by 
immigration  of  the  weak  and  ignorant  from  Europe,  and  by  despotic 
suppression  of  liberty  among  its  votaries  and  victims,  are  systematically 
exerted.  For  its  own  fortification,  it  is  forcing  its  way  from  its  original 
stronghold  into  adjacent  territory,  where,  unobserved,  it  may  take  root 
and  fasten  on  the  land  by  finding  quiet  recognition  in  local  laws. 

Its  spirit  grows,  with  age,  no  less  hostile  to  the  law  of  Christianity,  to 
the  instincts  of  morality,  to  the  essential  principles  of  civilization,  and 


OF    MARRIAGE    AND    DIVORCE.  95 

to  the  existence  of  liberty  for  the  people.  It  is  condemned  alike  by  the 
Church,  by  the  State,  by  the  family,  and  by  the  individual  conscience. 
It  is  abhorred  by  God.  It  seems  all  the  more  detestable  because  it  hides 
its  crime  for  shelter  under  the  sacred  garb  of  religion.  It  is  growing  as 
slavery  grew,  from  infancy  to  maturity  of  grasp  upon  the  national  life. 
The  terrible  conflict  required  for  the  extermination  of  the  one  should 
sound  timely  warning  as  to  the  latent  perils  of  the  other.  The  Territo- 
ries in  which  polygamy  yet  exists  are  under  the  control  of  the  President 
and  of  Congress,  i.  e.,  of  the  National  Government.  The  nation,  as 
such,  is  therefore  responsible  for  its  continuance.  The  Christian  citizens 
of  the  nation  bear  their  share  in  this  common  responsibility. 

Should  these  Territories  once  become  States,  with  polygamy  maintained, 
the  difficulty  of  reaching  it  would  be  vastly  heightened.  They  are 
rapidly  increasing  in  wealth  and  in  population,  and  will  soon  be  knocking 
for  admission  as  States  at  the  national  door.  Efficient  action  for  its 
obliteration  must  then,  if  taken  at  all,  begin  without  delay. 

1.  We,  therefore,  as  an  Assembly,  solemnly  protest  before  God  and 
before  men  against  this  heinous  and  abominable  crime,  as  a  foul  blot 
on  the  face  of  our  country,  for  the  existence  of  which  God  will  hold  the 
nation  to  account,  and  for  which  He  will  surely  call  it  into  judgment 
except  the  evil  be  speedily  abated. 

2.  We  rejoice  in  the  determination  of  the  President  of  the  United 
States,  as  expressed  in  his  inaugural  address,  to  deal  vigorously  with  this 
iniquity.  And  w^e  assure  him  of  our  sympathy  and  support  in  all  lawful 
and  just  efforts  for  its  extinction,  praying  him  not  to  withhold  his  hand. 

3.  We  reiterate  our  hearty  approval  of  the  stand  taken  by  Governor 
Murray  of  Utah  and  his  counselors,  and  by  the  United  States  courts  of 
the  Territory,  in  hostility  to  polygamous  marriages. 

4.  We  respectfully  memorialize  the  National  Legislature  to  enact 
whatever  laws  may  seem  most  wise  and  most  efficient  for  the  utter  oblit- 
eration of  this  vice,  whether  as  an  organized  system  or  as  an  individual 
practice. 

5.  And  we  urge  our  own  members,  without  respect  to  party  lines, 
zealously  to  exert  their  influence  in  every  lawful  method  for  the  enact- 
ment of  an  amendment  to  the  national  Constitution  that  shall  forever 
forbid  the  existence  of  polygamy  in  the  nation. 

Your  Committee  would  also  recommend  that  a  copy  of  this  action  be 
officially  laid  before  the  President  of  the  United  States  and  the  presiding 
officers  of  the  two  houses  of  Congress,  as  conveying  the  unanimous 
sentiment  of  the  ministry  and  membership  of  the  Presbyterian  Church 
in  the  United  States.— Adopted  1881,  pp.  549,  550. 

d.  The  Special  Committee  on  Mormonism  respectfully  recommend  to 
the  General  Assembly  the  adoption  of  the  following  resolutions: 

Itesolved,  1.  That  the  Presbyterian  Church  regards  the  doctrines  and 
practices  of  the  Mormon  institution  with  loathing  and  abhorrence,  and 
the  continued  existence,  in  this  country  and  age,  of  an  organization  that 
encourages  and  defends  polygamy  as  a  foul  blot  on  our  national  character 
and  institutions. 

2.  That  we  have  noticed  with  great  gratification  the  recent  vigorous 
action  of  Congress  in  the  enactment  of  laws  for  the  suppression  of  this 
great  evil,  and  look  with  confidence  to  the  Government  of  the  United 
States  for  their  prompt  and  vigorous  execution. 

3.  That,  in  view  of  our  profound  conviction  that  the  National  Legis- 


96  CONFESSION    OF    FAITH,    CHAP.    XXIV,    SECT.    III-VI. 

latiire  will  succeed  in  removing  this  evil,  only  when  accompanied  by  the 
spread  of  the  Gospel  of  Christ,  this  Assembly,  while  commending  the 
Board  of  Home  Missions  for  its  past  efforts,  urges  still  greater  effort  in 
all  the  territory  in  which  Mormonism  and  polygamy  exist. — Adopted 
1882,  pp.  65,  66. 

II.  Marriage  is  ordained  for  the  mutual  help  of  husband  and  wife; 
for  the  increase  of  mankind  with  a  legitimate  issue,  and  of  the  Church 
with  an  holy  seed ;  and  for  the  preventing  of  uncleanness. 

III.  It  is  lawful  for  all  sorts  of  people  to  marry  who  are  able  with 
judgment  to  give  their  consent;  yet  it  is  the  duty  of  Christians  to  marry 
only  in  the  Lord.  And,  therefore,  such  as  profess  the  true  reformed 
religion  should  not  marry  with  infidels,  papists  or  other  idolaters:  neither 
should  such  as  are  godly  be  unequally  yoked,  by  marrying  with  such  as 
are  notoriously  wicked  in  their  life,  or  maintain  damnable  heresies. 

1.  Marriage  of  converts  with  heathen.    The  Presbyteries  to  judge. 

A  memorial  from  the  Presbytery  of  Ningpo  in  China,  asking  for 
advice  from  this  General  Assembly  on  the  subject  of  the  marriage  of 
professing  Christians  with  the  heathen. 

The  Committee  recommended  that  it  be  answered  as  follows: 

In  performing  the  work  of  missions  among  the  heathen,  many  difficul- 
ties will  arise  which  will  require  great  wisdom  and  forbearance,  and 
which  can  only  be  overcome  by  a  wise  application  of  Scriptural  rules. 
Of  this  kind  are  the  cases  respecting  marriage,  which  will  frequently 
occur  so  long  as  the  great  majority  of  the  people  are  heathen.  And 
this  application  of  these  rules  must  be  made  with  a  sound  discretion,  and 
be  very  much  modified  by  particular  circumstances.  That  the  apostolical 
direction,  "  be  not  unequally  yoked  together  with  unbelievers,"  is  the 
advice  of  the  Lord  by  the  apostle,  and  is  to  be  observed  carefully  in  all 
cases,  as  far  as  practicable,  is  true.  But  like  other  divine  injunctions,  it 
must  be  applied  in  all  cases  with  due  consideration  of  circumstances.  It 
is  not,  therefore,  in  the  circumstances  stated  in  the  overture,  to  be 
regarded  as  sinful  universally  and  necessarily  for  a  Christian  to  marry  a 
heathen;  nor  is  a  Christian  to  be  subjected  to  discipline  on  this  account, 
unless  the  circumstances  show  criminality  and  require  the  infliction  of 
censure,  of  which  circumstances  the  missionaries  are  the  best  judges. 
[The  overture  was]  referred  back  to  the  Presbytery  of  Ningpo. — 1850, 
pp.  458,  482,  O.  S. 

IV.  Marriage  ought  not  to  be  within  the  degrees  of  consanguinity  or 
affinity  forbidden  in  the  Word;  nor  can  such  incestuous  marriages  ever 
be  made  lawful  by  any  law"  of  man,  or  consent  of  parties,  so  as  those 
persons  may  live  together  as  man  and  wife. 

Prior  to  1887,  Section  iv,  Chap,  xxiv,  read: 

Marriage  ought  not  to  be  within  the  degrees  of  consanguinity  or 
affinity  forbidden  in  the  Word ;  nor  can  such  incestuous  marriages  ever 
be  made  lawful  by  any  law  of  man  or  consent  of  parties,  so  as  those 
persons  may  live  together  as  man  and  wife.  The  man  may  not  marry 
any  of  his  wife's  kindred  nearer  in  blood  than  he  may  of  his  own,  nor 
the  woman  of  her  husband's  kindred  nearer  in  blood  than  of  her  OAvn. 

J 


ON    MARRIAGE    AND    DIVORCE.  97 

In  that  year  the  following  amendment  was  adopted : 
Whereas,  One  hundred  and  fifty -six  (156)  Presbyteries,  being  more 
than  two-thirds  of  the  Presbyteries  under  the  care  of  the  General 
Assembly,  have,  in  writing,  approved  of  an  amendment  to  Chapter 
xxiv.  Section  iv,  of  the  Confession  of  Faith,  by  striking  out  the  last 
])eriod  thereof;  therefore,  be  it  enacted  by  the  General  Assembly  that 
the  following  words:  "The  man  may  not  marry  any  of  his  wife's 
kindred  nearer  in  blood  than  he  may  of  his  own,  nor  the  woman  of  her 
husband's  kindred  nearer  in  blood  than  her  own,"  be  and  are  hereby 
stricken  from  Chapter  xxiv,  Section  iv,  of  the  Confession  of  Faith. 

[Note. — The  secticin  as  amended  was  referred  to  a  Committee  to  consider  and 
report  if  any  further  action  was  necessary  to  accomplish  the  purpose  aimed  at.  Tlie 
Committee  reported  that  the  purpose  aimed  at  in  the  amendment  was  "  To  remove 
any  obstacles  that  may  have  existed  to  the  marriage  of  a  deceased  wife's  sister,"  and 
that  in  their  judgment  no  further  action  by  the  Church  was  now  needed. — 1887,  p.  138. 

For  Decisions,  and  Deliverances  under  Sec.  iv  prior  to  its  amendment;  see  under 
Directory  for  Worship,  Digest  of  1886,  pp.  814-818.  The  following  case  does  not  come 
under  the  intent  of  the  amendment.] 

1.  Marriag-e  with  a  sister's  daughter. 

The  report  of  the  Connnittee  on  Bills  and  Overtures  in  answer  to  the 
tAvo  questions,  "  May  a  man,  in  accordance  with  the  teachings  of  the 
Scriptures,  marry  a  daughter  of  his  own  sister  ?' '  and  ' '  When  members 
of  the  Church  have  contracted  such  a  marriage,  may  they  still  retain 
their  standing  in  the  Church  ?"  was  taken  up  for  consideration. 

Resolved,  1.  That  the  first  question  be  answered  in  the  negative,  such 
marriages  being  evidently  contrary  to  the  teachings  of  the  Scripture, 
and  incestuous.     See  Lev.  xviii.  6,  12,  13. 

Resolved,  2.  That  the  second  question  in  the  overture  be  answered  as 
follows,  viz. ,  in  the  judgment  of  this  Assembly,  such  a  connection  as  is 
contemplated  by  the  overture  demands  the  judicial  action  of  the  Church, 
and,  if  not  repented  of,  should  incur  Church  censure. — 1853,  p.  339, 
N.  S. 

V.  Adultery  or  fornication,  committed  after  a  contract,  being 
detected  before  marriage,  giveth  just  occasion  to  the  innocent  party  to 
dissolve  that  contract.  In  the  case  of  adultery  after  marriage,  it  is  law- 
ful for  the  innocent  party  to  sue  out  a  divorce,  and  after  the  divorce  to 
marry  another,  as  if  the  offending  party  were  dead. 

1.  In  divorce  for  adultery  the  innocent  party  may  marry  again. 

The  following  question,  referred  to  Synod  by  the  Presbytery  of  Done- 
gal for  their  decision,  was  brought  in  by  the  Committee  of  Overtures, 
viz. : 

Whether,  on  full  proof  of  adultery  by  one  party,  the  Presbytery  has 
a  right  to  declare  the  marriage  so  far  void  as  that  the  innocent  party 
may  marry  again  without  being  liable  to  Church  censure  ? 

And  after  some  time  spent  in  debating  the  case,  it  was  moved  and 
agreed  that  each  member  should  speak  to  the  question  in  the  order  of  the 
roll.  After  which  the  vote  was  put,  and  the  question  carried  in  the 
affirmative,  by  a  small  majority. — 1785,  p.  509. 

VI.  Although  the  corruption  of  man  be  such  as  is  apt  to  study  argu- 
ments, unduly  to  put  asunder  those  whom  God  hath  joined  together  in 
marriage;  yet  nothing  but  adultery,  or  such  willful  desertion  as  can  no 


98  CONFESSION    OF    FAITH,    CHAP.    XXIV,    SECT.     VI. 

way  be  remedied  by  the  Church  or  civil  magistrate,  is  cause  sufficient  of 
dissolving  the  bond  of  marriage:  wherein  a  public  and  orderly  course 
of  proceeding  is  to  be  observed;  and  the  persons  concerned  in  it  not  left 
to  their  own  wills  and  discretion  in  their  own  case. 

1.  Marriage  with  a  woman  divorced  for  cause  other  than  adultery. 

[The  Assembly,  by  a  vote  of  106  to  52,  sustained  the  complaint  of 
the  Presbytery  of  Des  Moines,  in  the  case  of  Rev.  James  H.  Shields. 
The  minute  adopted  states  the  case — ] 

In  the  year  1853,  Maria  C.  Cowles  presented  a  petition  under  oath  to 
the  District  Court  of  Wayne  county,  Iowa,  prapng  for  a  divorce  from 
her  husband,  William  A.  Cowles,  in  which  it  was  stated  substantially, 
that  she  had  been  lawfully  married  to  said  Cowles  in  January,  1889,  in 
the  State  of  Massachusetts;  that  they  had  lived  together  there  until 
August,  1851,  when  she  separated  herself  from  him,  and  proceeded  to 
Iowa,  where  she  has  since  resided.  That,  previous  to  her  departing  from 
him  in  1851,  her  husband  was  in  the  habit  of  becoming  intoxicated,  and 
when  so  intoxicated,  was  ill-natured  and  abusive — so  much  so  that  her 
situation  as  his  wife  became  intolerable  ;  and  she  had  been  under  the 
necessity  of  leaving  his  house,  and  of  making  her  own  living  since  that 
time,  the  defendant  having  neglected  to  make  provision  for  her  support 
since  the  period  of  her  separation  from  him.  No  pertinent  proof  of  the 
truth  of  these  allegations  was  made;  but  the  court,  notwithstanding, 
granted  her  a  divorce  a  vinculo  matrimomi;  when  James  H.  Sliields, 
then  a  member  of  the  Presbytery  of  Des  Moines,  being  cognizant  of  all 
the  facts  in  the  case,  was  married  to  the  said  Maria  C.  Cowles,  and  has 
continued  to  cohabit  with  her  as  his  wife.  In  April,  1856,  the  Presby- 
tery instituted  proceedings  against  him  for  adultery,  and  finally  convicted 
him  of  that  ofieuce,  and  deposed  him  from  the  ministry  and  excom- 
municated him  from  the  Church.  Thereupon  the  said  Shields  appealed 
to  the  Synod  of  Iowa,  who  reversed  the  decision  of  Presbytery.  The 
case  is  before  this  General  Assembly  on  a  complaint  of  the  Rev.  Thomp- 
son Bird,  on  behalf  of  the  Presbytery,  against  the  action  of  Synod. 

In  view  of  all  the  testimony  brought  before  the  Assembly,  the 
complaint  is  sustained. 

It  has  not  been  made  to  appear  that  the  said  Maria  C.  Cowles 
attempted  to  establish  the  fact  of  adultery  against  her  husband,  William 
A.  Cowles.  Neither  has  there  been  proved  "  such  willful  desertion  "  on 
his  part,  "  as  can,  no  way  he  remedied  by  the  Church  or  civil  magis- 
trate," as  is  recognized  in  the  Confession  of  Faith  (Chap,  xxiv,  Sec. 
vi),  as  "  cause  sufficient  of  dissolving  the  bond  of  marriage." 

The  General  Assembly  do,  therefore,  consider  that  the  said  James  H. 
Shields  was  properly  convicted  of  adultery ;  and  the  decision  of  the 
Synod  of  Iowa  in  this  case  is  hereby  reversed,  and  the  judgment  of  the 
Presbytery  of  Des  Moines  therein  confirmed. 

The  Assembly,  whilst  rendering  this  decision,  takes  occasion  to  call 
the  attention  of  the  churches  under  its  care  to  a  tendency,  manifest  in 
some  portions  of  our  country,  to  relax  the  sacredness  of  the  marriage 
tie.  Lying,  as  the  institution  of  marriage  does,  at  the  very  foundation 
of  order,  purity  and  prosperity  in  the  State  and  in  the  Church,  the 
Assembly  cannot  view  without  abhorrence  any  attempt  to  diminish  its 


OF    MARRIAGE   AND    DIVORCE.  99 

sanctity  or  to  extend  beyond  the  warrant  of  the  Holy  Scriptures  the 
grounds  of  divorce.— 1858,  pp.  599,  600,  N.  S. 

2.  Marriage  on  a  divorce  obtained  on  other  than  Scriptural  grounds. 

The  Assembly  resumed  the  consideration  of  the  appeal  of  the  Rev. 
Geoi'ge  Sheldon. 

The  original  parties  having  been  fully  heard,  the  roll  was  called,  and 
opportunity  was  given  to  the  members  of  the  Assembly  to  express  their 
opinions  on  the  case.  After  which  the  final  vote  Avas  taken,  and  the 
appeal  was  not  sustained,  nineteen  voting  in  the  affirmative,  and  fifty - 
four  in  the  negative. — 1858,  p.  607,  N.  S. 

[Mr.  Sheldon  was  deposed  by  the  Presbytery  of  Portage,  on  the 
ground  of  adultery,  in  having  married  a  second  wife  during  the  life  of 
his  first  wife,  from  whom  he  had  obtained  a  divorce  in  the  civil  courts, 
in  the  judgment  of  the  Presbytery  on  other  than  Scriptural  grounds. 
From  the  decision  of  the  Presbytery  he  took  an  appeal  to  the  Synod  of 
the  Western  Reserve.     The  Synod  decided  as  follows,  viz. : 

After  a  full  and  patient  hearing  of  the  whole  case  of  appeal  by 
George  Sheldon,  from  the  Presbytery  of  Portage,  the  Synod  are 
constrained  to  believe  that  the  decision  of  the  Presbytery  was  just;  and 
that  the  Presbytery  conducted  the  case  with  as  much  order  and  tender- 
ness as  the  inherent  difficulties  of  the  case  would  admit.] 

In  view  of  the  whole  case: 

Resolved,  That  the  decision  of  the  Presbytery  of  Portage  be  sustained. 
—1858,  p.  607,  N.  S. 

3.  Deliverance  on  marriage,  divorce  and  infanticide. 

a.  Overture  No.  44,  relating  to  unscriptural  views  of  marriage, 
divorce  and  infanticide.  The  Committee  recommends  the  following, 
which  was  adopted: 

The  Committee  on  Bills  and  Overtures,  to  which  was  referred  the 
paper  relating  to  divorce  and  infanticide,  begs  leave  to  report  that  it 
recommends  the  adoption  of  the  following: 

That  it  is  with  great  pain  we  are  constrained  to  admit  the  increasing 
prevalence  in  many  parts  of  our  country  of  unscriptural  views  of  the 
marriage  relation,  in  consequence  of  which  the  obligations  of  that  rela- 
tion are  disregarded  by  many,  and  separations  of  husband  and  wife  and 
divorces  for  slight  and  unwarrantable  reasons  are  becoming  more 
frequent  every  year.  Nor  can  we  shut  our  eyes  to  the  fact  that  the 
horrible  crime  of  infanticide,  especially  in  the  form  of  destruction  by 
parents  of  their  own  offspring  before  birth,  also  prevails  to  an  alarming 
extent.  The  evils  which  these  errors  and  crimes  have  already  brought 
upon  our  country,  and  the  worse  evils  which  they  threaten  in  the  near 
future,  make  it  imperative,  as  we  believe,  that  the  whole  power  of  the 
ministry  and  Church  of  Jesus  Christ  should  be  put  forth  in  maintenance 
of  the  truth  and  of  virtue  in  regard  to  these  things.  Many  causes  have 
operated  to  produce  a  corruption  of  the  public  morals  so  deplorable, 
prominent  among  which  may  be  mentioned  the  facility  with  which 
divorces  may  be  obtained  in  some  of  the  States,  the  constant  promulga- 
tion of  false  ideas  of  marriage  and  its  duties  by  means  of  books,  lectures, 
etc.,  and  the  distribution  through  the  mails  of  imjiure  publications. 
But  an  influence  not  less  powerful  than  any  of  these  is  the  growing 


100  CONFESSION    OF    FAITH,    CHAP.    XXV. 

devotion  to  fashion  and  luxury  of  tills  age,  and  the  idea  which  practi- 
cally obtains  to  so  great  an  extent  that  pleasure,  instead  of  the  glory  of 
God  and  the  enjoyment  of  his  favor,  is  the  great  object  of  life.  It  is, 
therefore,  the  duty  of  the  Church  of  C'lu'ist  to  oppose  in  every  practica- 
ble way,  these  and  all  other  corrupting  agencies  and  tendencies,  and  we 
especially  urge  upon  all  ministers  of  the  Gospel  the  duty  of  giving 
instruction  to  the  people  of  their  respective  charges  as  to  the  Scriptural 
doctrine  concerning  the  marriage  relation.  We  warn  them  against 
joining  in  Avedlock  any  who  may  have  been  divorced  upon  other  than 
Scriptural  grounds.  We  also  enjoin  upon  church  sessions  the  exercise  of 
due  discipline  in  the  cases  of  those  members  who  may  be  guilty  of 
violating  the  law  of  Christ  in  this  particular. 

This  Assembly  regards  the  destruction  by  parents  of  their  own  off- 
spring before  birth  with  abhorrence,  as  a  crime  against  God  and  against 
nature;  and  as  the  frequency  of  such  murders  can  no  longer  be  con- 
cealed, we  hereby  warn  those  that  are  guilty  of  this  crime  that,  except 
they  repent,  they  cannot  inherit  eternal  life.  We  also  exhort  those  who 
have  been  called  to  preach  the  Gospel,  and  all  who  love  purity  and  the 
truth,  and  who  would  avert  the  just  judgments  of  Almighty  God  from 
the  nation,  that  they  be  no  longer  silent  or  tolerant  of  these  things,  but 
that  they  endeavor  by  all  proper  means  to  stay  the  floods  of  impurity 
and  cruelty. 

We  call  upon  all  to  remember  that  marriage  is  honorable  not  only  in 
itself,  but  in  its  ends.  Therefore  all  who  seek  to  avoid  the  responsibili- 
ties and  cares  connected  with  the  bringing  up  of  children  not  only 
dejirive  themselves  of  one  of  the  greatest  blessings  of  life,  and  fly  in  the 
face  of  God's  decrees,  but  do  violence  to  their  own  natures,  and  w411  be 
found  out  of  their  sins  even  in  this  world. — 1869,  p.  937,  O.  S. 

b.  From  the  Presbytery  of  Cleveland  on  divorce.  Recommending 
that  the  Assembly  refer,  in  reply,  to  the  deliverances  already  made  in 
full  on  the  subject,  as  published  in  the  Digest  [1873],  pp.  494,  682, 
683.— Adopted  1874,  p.  26. 

C.   The  following  resolution  was  adopted: 

Whereas,  The  preservation  of  the  marriage  relation  as  an  ordinance 
of  God  is  essential  to  social  order,  morality  and  religion ;  and, 

Whereas,  That  relation,  in  the  popular  mind,  is  shorn  of  its  divine 
sanctions,  to  such  an  extent,  that,  not  only  are  its  sacred  bonds  often 
sundered  for  insufficient  and  trifling  reasons,  but  the  action  of  the  civil 
courts,  and  the  divorce  laws  in  many  of  the  States,  are  in  direct  contra- 
vention of  the  law  of  God;  therefore  be  it 

Resolved,  That  the  General  Assembly  hereby  bears  testimony  against 
this  immorality,  and  earnestly  advises  the  churches  and  Presbyteries 
under  its  care  to  use  all  proper  measures  to  correct  this  widespread  evil. 
—1883,  p.  689:  1885,  p.  639. 


CHAPTER  XXV. 
OF  THE  CHURCH. 


I.    The  catholic  or  universal  Church,  which  is  invisible,  consists  of 
the  whole  number  of  the  elect,  that  have  been,  are,  or  shall  be  gathered 


OF   THE   CHUKCH.  101 

into  one,  under  Christ  the  head  thereof;  and  is  the  spouse,  the  body, 
the  fullness  of  him  that  filleth  all  in  all. 

II.  The  visible  Chui-ch,  which  is  also  catholic  or  universal  under  the 
gospel  (not  confined  to  one  nation,  as  before  under  the  law),  consists  of 
all  those  throughout  the  world,  that  profess  the  true  religion,  together 
with  their  children;  and  is  the  kingdom  of  the  Lord  Jesus  Christ,  the 
house  and  family  of  God,  out  of  which  there  is  no  ordinary  possibility 
of  salvation. 

III.  Unto  this  catholic  visible  Church,  Christ  hath  given  the  ministry, 
oracles,  and  ordinances  of  God,  for  the  gathering  and  perfecting  of  the 
saints,  in  this  life,  to  the  end  of  the  world:  and  doth  by  his  own  pres- 
ence and  Spirit,  according  to  his  promise,  make  them  effectual  there- 
unto. 

IV.  This  catholic  Church  hath  been  sometimes  more,  sometimes  less, 
visible.  And  particular  churches,  which  are  members  thereof,  are  more 
or  less  pure,  according  as  the  doctrine  of  the  gospel  is  taught  and 
embraced,  ordinances  administered,  and  public  worship  performed  more 
or  less  purely  in  them. 

V.  The  purest  churches  under  heaven  are  subject  both  to  mixture  and 
error:  and  some  have  so  degenerated,  as  to  become  no  churches  of 
Christ,  but  synagogues  of  Satan.  Nevertheless,  there  shall  be  always  a 
Church  on  earth,  to  worship  God  according  to  his  will. 

VI.  There  is  no  other  head  of  the  Church  but  the  Lord  Jesus  Christ. 
Nor  can  the  Pope  of  Rome,  in  any  sense  be  head  thereof;  but  is  that 
antichrist,  that  man  of  sin,  and  son  of  perdition,  that  exalteth  himself, 
in  the  Church,  against  Christ,  and  all  that  is  called  God. 

1.  The  Roman  Catholic  Church  essentially  apostate. 

Resolved,  That  this  Assembly,  in  full  accordance  with  the  words  of 
our  Confession  of  Faith  respecting  the  Church  of  Rome  and  its  so-called 
spiritual  head,  do  now  reaffirm  the  deliverance,  upon  this  subject,  of 
the  Assembly  of  1885,  as  applying  to  that  Roman  hierarchy  headed  by 
the  pope,  falsely  claiming  to  be  the  Church;  which,  opposed  absolutely 
and  irreconcilably  to  the  doctrines  of  Holy  Scripture,  is  corrupting  and 
degrading  a  large  part  of  Christ's  Church  over  which  it  has  usurped 
supreme  control. — 1879,  p.  630. 

The  deliverance  (of  1835)  referred  to  is  as  follows: 

1.  Resolved,  That  it  is  the  deliberate  and  decided  judgment  of  this 
Assembly  that  the  Roman  Catholic  Church  has  essentially  apostatized 
from  the  religion  of  our  Lord  and  Saviour  Jesus  Christ,  and  therefore 
cannot  be  recognized  as  a  Christian  Church. 

2.  Resolved,  That  it  be  recommended  to  all  in  our  communion  to 
endeavor,  by  the  difl^usion  of  light  by  means  of  the  pulpit  and  the  press, 
and  all  other  proper  and  Christian  means,  to  resist  the  extension  of 
Romanism,  and  lead  its  subjects  to  the  knowledge  of  the  truth  as  it  is 
taught  iu  the  Word  of  God. 

3.  Resolved,  That  it  is  utterly  inconsistent  with  the  strongest  obligations 


102  CONFESSION    OF    FAITH,     CHAPS.    XXVI-XXVIII. 

of  Christian  parents  to  place   their   children   for   education  in   Roman 
Catholic  seminaries. — 1835,  p.  490. 

[Note. — See  Confession,  Chap.  xxviii,No.  7,  and  Directory  for  Wor.ship,  Chap,  viii^ 
Sec.  i.] 

2.  The  Salvation  Army  not  a  Church. 

Overture  on  the  recognition  of  the  Salvation  Army  as  a  Church,  from 
the  Presbytery  of  Denver.  It  is  recommended  that  the  Assembly 
recognize  with  thankfulness  the  work  done  by  the  Salvation  Army.  But 
as  they  make  no  claim  to  be  a  Church,  no  action  is  necessary.  Adopted. 
—1895,  p.  76. 

3.  Declaration  of  principles  as  to  Church  unity. 

a.  All  believers  in  Christ  constitute  one  body,  mystical,  yet  real, 
and  destined  to  grow  into  the  fullness  of  Him  who  filleth  all  in  all. 

b.  The  universal  visible  Church  consists  of  all  those  throughout  the 
Avorld  who  profess  the  true  religion,  together  with  their  children. 

C.  Mutual  recognition  and  reciprocity  between  the  different  bodies 
who  profess  the  true  religion  is  the  first  and  essential  step  towards  practical 
Church  unity.— 1887,  p.  133;  1894,  p.  29. 


CHAPTER  XXVI. 
OF  THE  COMMUNION  OF  SAINTS. 

I.  All  saints  that  are  united  to  Jesus  Christ  their  head,  by  his  Spirit 
and  by  faith,  have  fellowship  with  him  in  his  graces,  suflferings,  death, 
resurrection,  and  glory:  and,  being  united  to  one  another  in  love,  they 
have  communion  in  each  other's  gifts  and  graces;  and  are  obliged  to  the 
performance  of  such  duties,  public  and  private,  as  do  conduce  to  their 
mutual  good,  both  in  the  inward  and  outward  man. 

II.  Saints,  by  profession,  are  bound  to  maintain  an  holy  fellowship 
and  communion,  in  the  worship  of  God,  and  in  performing  such  other 
spiritual  services  as  tend  to  their  mutual  edification ;  as  also  in  relieving 
each  other  in  outward  things,  according  to  their  several  abilities  and 
necessities.  Which  communion,  as  God  ofFereth  opportunity,  is  to  be 
extended  unto  all  those,  who,  in  every  place,  call  upon  the  name  of  the 
Lord  Jesus. 

III.  This  communion  which  the  saints  have  Avith  Christ,  doth  not  make 
them  in  any  wise  partakers  of  the  substance  of  his  Godhead,  or  to  be 
equal  with  Christ  in  any  respect:  either  of  which  to  aflSrm,  is  imj)ious 
and  blasphemous.  Nor  doth  their  communion  one  with  another,  as- 
saints,  take  away,  or  infringe  the  title  or  property  which  each  man  hath 
in  his  goods  and  possessions. 


OF   THE  COMMUNION    OF   SAINTS   AND   THE   SACRAMENTS.,  103 

CHAPTER  XXVII. 
OF  THE  SACRAMENTS. 

I.  Sacraments  are  holy  signs  and  seals  of  the  covenant  of  grace, 
immediately  instituted  by  God,  to  represent  Christ  and  his  benefits,  and 
to  confirm  our  interest  in  him :  as  also  to  put  a  visible  difierence  between 
those  that  belong  unto  the  Church,  and  the  rest  of  the  world;  and 
solemnly  to  engage  them  to  the  service  of  God  in  Christ,  according  to 
his  Word. 

II.  There  is  in  every  Sacrament  a  spiritual  relation,  or  sacramental 
union,  between  the  sign  and  the  thing  signified;  whence  it  comes  to  pass, 
that  the  names  and  effects  of  the  one  are  attributed  to  the  other. 

III.  The  grace  which  is  exhibited  in  or  by  the  Sacraments,  rightly 
used,  is  not  conferred  by  any  power  in  them;  neither  doth  the  efficacy 
of  a  Sacrament  depend  upon  the  piety  or  intention  of  him  that  doth 
administer  it,  but  upon  the  work  of  the  Spirit,  and  the  word  of  institution, 
Avhich  contains,  together  with  a  precept  authorizing  the  use  thereof,  a 
promise  of  benefit  to  worthy  receivers. 

IV.  There  be  only  two  Sacraments  ordained  by  Christ  our  Lord  in 
the  gospel,  that  is  to  say,  Baptism  and  the  Supper  of  the  Lord:  neither 
of  which  may  be  dispensed  by  any,  but  by  a  minister  of  the  Word, 
lawfully  ordained. 

[Note. — See  Directory  for  Worship,  Chap,  viii,  Sec.  i.] 

V.  The  Sacraments  of  the  Old  Testament,  in  regard  of  the  spiritual 
things  thereby  signified  and  exhibited,  were,  for  substance,  the  same 
with  those  of  the  New. 


CHAPTER  XXVIIL 
OF  BAPTISM. 


I.  Baptism  is  a  Sacrament  of  the  New  Testament,  ordained  by  Jesus 
Christ,  not  only  for  the  solemn  admission  of  the  party  baptized  into  the 
visible  Church,  but  also  to  be  unto  him  a  sign  and  seal  of  the  covenant 
of  grace,  of  liis  ingrafting  into  Christ,  of  regeneration,  of  remission  of 
sins,  and  of  his  giving  up  unto  God,  through  Jesus  Christ,  to  walk  in 
newness  of  life:  which  Sacrament  is,  by  Christ's  own  appointment,  to 
be  continued  in  his  Church  until  the  end  of  the  world. 

II.  The  outward  element  to  be  used  in  this  Sacrament  is  water,  where- 
with the  party  is  to  be  baptized  in  the  name  of  the  Father,  and  of  the 
Son,  and  of  the  Holy  Ghost,  by  a  minister  of  the  gospel,  lawfully  called 
thereunto. 

1.  Ruling  elders  may  not  administer  sealing  ordinances. 

Overture  from  the  Presbytery  of  Peoria  on  the  authority  of  ruling 
elders  to  administer  sealing  ordinances.      The  Committee  recommend 


104        .  CONFESSION    OF    FAITH,    CHAP.    XXVIII. 

that  they  be  i-eferred  to  the  Standards,  Directory  for  Worship,  Chap,  viii, 
Sec.  i,  and  Chap,  ix,  throughout. 
Adopted.— 1870,  p.  22. 

2.  Baptism  by  an  impostor  null  and  invalid. 

Whereas,  A  certain  person  pretending  at  Egg  Harbor  to  be  a  minister 
regularly  ordained  among  the  Presbyterians,  under  that  character 
baptized  some  adults  and  infants,  and  it  appearing  to  the  Synod  that  his 
pretences  were  false,  having  at  that  time  no  license  or  ordination,  it  is 
our  opinion  that  all  the  Gospel  ordinances  he  administered  under  that 
false  and  pretended  character  are  null  and  invalid. — 1752,  p.  249. 

3.  By  a  profligate.— Cases  to  be  judged  of  by  the  Session. 
The  following  question  was  proposed  by  the  Committee  of  Overtures, 
viz. : 

Ought  such  persons  to  be  rebaptized  as  have  been  offered  in  baptism 
by  notoriously  profligate  parents,  and  baptized  by  ministers  of  the  same 
description  T 

Resolved,  That  it  is  a  principle  of  the  Church  that  the  unworthiness  of 
the  ministers  of  the  Gospel  does  not  invalidate  the  ordinances  of  religion 
dispensed  by  them.  It  is  also  a  principle  that  as  long  as  any  denomina- 
tion of  Christians  is  acknowledged  by  us  a  Church  of  Christ,  we  ought 
to  hold  the  ordinances  dispensed  by  it  as  valid,  notwithstanding  the 
unworthiness  of  particular  ministers.  Yet,  inasmuch  as  no  general  rule 
can  be  made  to  embrace  all  circumstances,  there  may  be  irregularities  in 
particular  administrations  by  men  not  yet  divested  of  their  ofiice,  either 
in  this  or  in  other  Churches,  which  may  render  them  null  and  void. 
But  as  these  irregularities  must  often  result  from  circumstances  and 
situations  that  cannot  be  anticipated  and  pointed  out  in  the  rule,  they 
must  be  left  to  be  judged  of  by  the  prudence  and  wisdom  of  church 
sessions  and  the  higher  judicatories  to  which  they  may  be  referred.  In 
such  cases,  it  may  be  advisable  to  administer  the  ordinance  of  baptism 
in  a  regular  manner,  where  a  profane  exhibition  of  the  ceremony  may 
have  been  attempted.  These  cases  and  circumstances,  however,  are  to 
be  inquired  into  by  the  church  sessions,  and  referred  to  a  Presbytery 
before  a  final  decision. — 1790,  p.  26. 

4.  Unitarian  Baptism. 

A  person  who  had  been  baptized  in  infancy  by  Dr.  Priestly  applied 
for  admission  to  the  Lord's  table.  Should  the  baptism  administered  by 
Dr.  Priestly,  then  a  Unitarian,  be  considered  valid  ? 

Resolved,  That  this  question  be  answered  in  the  negative. 

In  the  present  state  of  our  country,  whilst  Unitarian  errors  in  various 
forms  are  making  their  insidious  approaches;  whilst  the  advocates  of 
this  heresy  in  many  cases  are  practicing  a  system  of  concealment,  and 
insinuating  themselves  into  the  confidence  of  multitudes  who  have  no 
suspicion  of  their  defection  from  the  faith,  the  Assembly  feel  it  to  be 
their  duty  to  speak  without  reserve. 

It  is  the  deliberate  and  unanimous  opinion  of  this  Assembly  that  those 
who  renounce  the  fundamental  doctrine  of  the  Trinity,  and  deny  that 
Jesus  Christ  is  the  same  in  substance,  equal  in  power  and  glory  with  the 
Father,  cannot  be  recognized  as  ministei-s  of  the  Gospel;  and  that  their 
ministrations  are  wholly  invalid. — 1814,  p.  549. 


OF   BAPTISM.  105 

5.  By  a  minister  after  lie  is  deposed. 

A  reference  from  the  Presbytery  of  Hudson,  requesting  of  the  Assem- 
bly an  answer  to  the  following  question,  was  received  and  read,  viz. : 

Is  baptism  administered  by  a  minister  after  he  is  deposed  from  office 
valid  ? 

Resolved,  That  in  answer  to  this  question,  the  Presbytery  be  referred 
to  Chap,  vii  [viii],  Sec.  i,  of  the  Directory  for  Public  Worship. — 1819, 
p.  701. 

6.  By  a  suspended  minister. 

The  following  overture  was  presented  by  the  Committee  of  Overtures, 
viz.:  "Can  a  Presbytery  consistently  acknowledge  as  valid  the  ordi- 
nance of  baptism  as  administered  by  those  who  are  regularly  suspended 
by  a  higher  judicatory  of  the  Church  ? 

"  If  not,  how  are  we  to  regard  the  baptism  of  the  Cumberland 
Presbyterians  ?" 

The  Assembly  resumed  the  consideration  of  the  report  of  the  Com- 
mittee on  the  overture  respecting  the  Cumberland  Presbyterians.  After 
considerable  discussion,  the  report  of  the  Committee  was  adopted,  and 
is  as  follows,  viz. : 

1.  That  in  the  opinion  of  this  Assembly,  ministers  of  the  Presbyterian 
Church,  when  regularly  suspended  by  the  competent  judicatories,  have 
no  right  to  exercise  the  functions  of  a  minister  during  that  suspension. 

2.  That  while  those  persons  styling  themselves  the  Cumberland 
Presbytery  were  under  suspension,  their  administrations  are  to  be  consid- 
ered as  invalid;  but  after  the  General  Assembly  have  declared  them  to 
be  no  longer  connected  with  our  Church,  their  administrations  are  to  be 
viewed  in  the  same  light  with  those  of  other  denominations  not  con- 
nected with  our  body.  This  decision  is  grounded  on  the  opinion  that  the 
Act  of  the  Assembly  of  1814  precluded  the  propriety  of  deposition,  or 
any  other  process  in  the  case. — 1825,  pp.  145,  156. 

7.  The  question,  Is  Baptism  in  the  Church  of  Rome  valid  ?  answered 
in  the  negative. 

a.  The  question  presented  to  this  Assembly  by  overture  from  the 
Presbytery  of  Ohio,  ' ' Is  baptism  in  the  Church  of  Rome  valid  f '  is  one 
of  a  very  grave  character  and  of  deep  practical  importance.  The 
answer  to  it  must  involve  principles  vital  to  the  peace,  the  purity  and 
the  stability  of  the  Church  of  God. 

After  a  full  discussion,  carried  through  several  days,  this  Assembly 
has  decided,  by  a  nearly  unanimous  vote  [173  yeas  to  8  nays],  that 
baptism  so  administered  is  not  valid. 

b.  Because,  since  baptism  is  an  ordinance  established  by  Christ  in  His 
Church  (Form  Gov.,  Chap,  vii;  Matt,  xxviii,  19,  20),  and  is  to  be 
administered  only  by  a  minister  of  Christ,  duly  called  and  ordained  to 
be  a  steward  of  the  mysteries  of  God  (Directory,  Chap,  viii,  Sec.  i),  it 
follows  that  no  rite  administered  by  one  who  is  not  himself  a  duly 
ordained  minister  of  the  true  Church  of  God  visible,  can  be  regarded  as 
an  ordinance  of  Chx'ist,  whatever  be  the  name  by  which  it  is  called, 
whatever  the  form  employed  in  its  administration.  The  so-called 
priests  of  the  Romish  communion  are  not  ministers  of  Christ,  for  they 
are  commissioned  as  agents  of  the  papal  hierarchy,  which  is  not  a  Church 
of  Christ,  but  the  Man  of  Sin,  apostate  from  the  truth,  the  enemy  of 


106  CONFESSION    OF    FAITH,    CHAP.    XXVill. 

righteousuess  and  of  God.     She  has  long  lain  under  the  curse  of  God, 
who  has  called   His  people  to  come  out  from  her,   that  they  be  not 

partakers  of  her  plagues 

In  1835  the  Assembly  declared  the  papacy  to  be  apostate  from 
Christ,  and  no  true  Church.  As  we  do  not  recognize  her  as  a  portion  of 
the  viable  Church  of  Christ,  we  cannot,  consistently,  view  her  priest- 
hood as  other  than  usurpers  of  the  sacred  functions  of  the  ministry,  her 
ordinances  as  unscriptural,  and  her  baptism  as  totally  invalid. — 1845, 
pp.  15,  34,  O.  S. 

[Note. — For  the  whole  deliverance  assigning  the  reasons  for  the  decision  of  the 
Assembly,  see  Digest,  1886,  pp.  789-792.] 

8.  The  deliverance  of  1845  affirmed. 

Overture  from  the  Presbytery  of  Tuscaloosa,  asking  whether  the 
ordinance  of  baptism  ought  to  be  administered  to  a  person  before  recep- 
tion into  our  Church  who  presents  a  certificate  of  good  and  regular 
standing  in  the  New  School  Presbyterian  Church,  but  who  has  received 
only  Roman  Catholic  baptism. 

The  Committee  answer  that  the  mei'e  fact  that  a  person  has  been  a 
member  of  another  Church  has  nothing  to  do  with  his  original  baptism. 
The  memorialists  are  referred  to  the  action  of  the  Assembly  in  1845. 
Adopted.— 1859,  p.  535,  O.  S. 

9.  The  question  of  rebaptism  of  a  convert  from  Romanism  left  to  the 
judgment  of  the  session. 

The  Committee  on  Bills  and  Overtures  further  reported  as  follows : 
No.  11.  From  the  Presbytery  of  Genesee,  asking  a  deliverance  on  the 
question,  "  Should  a  convert  from  Romanism,  applying  for  admission 
into  the  Presbyterian  Church,  be  again  baptized  ?"  to  which  they 
recommend  the  following  answer  be  given:  That  the  decision  of  the 
question  be  left  to  the  judgment  of  each  church  Session,  guided  by  the 
principles  governing  the  subject  of  baptism,  as  laid  down  in  the  Stand- 
ards of  our  Church. 

The  report  was  unanimously  adopted. — 1875,  p.  514. 

10.  The  above  deliverance  sustained. 

The  Judicial  Committee  presented  the  following,  which  was  unani- 
mously adopted : 

Judicial  Case  No.  1. — An  appeal  of  Elder  Walter  Bradshaw  from 
the  Synod  of  New  York. 

Statement  of  the  Case. — The  Session  of  Princeto"«Ti  church  declined  to 
recognize  the  validity  of  Roman  Catholic  baptism,  and  required  a  candi- 
date, Mr.  Edward  Francis  Graham,  for  admission  to  the  Church,  who  was 
a  Roman  Catholic,  to  be  baptized.  Mr.  Bradsliaw,  an  elder  of  the 
Prince  town  church  Session,  complained  to  the  Presb^'teiy  of  Albany, 
upon  the  ground  that  Roman  Catholic  baptism  was  recognized  by  the 
Church  as  valid,  and  that  an  applicant  for  the  privileges  of  the  com- 
munion of  the  Church  should  not  be  rebaptized. 

The  Presbytery  of  Albany  declined  to  entertain  the  complaint  of  Mr. 
Bradshaw  on  the  grounds  ' '  that  the  Presbyterian  Church  has  given  no 
judicial  decision  upon  the  subject  of  the  validity  of  Roman  Catholic 
baptism,  and  has  by  the  deliverances  of  the  General  Assembly  (Minutes, 
1875,  p.  514)  left  the  decision  of  the  validity  of  Roman  Catholic  bap- 
tism to  the  judgment  of  Sessions." 


OB^   BAPTISM.  107 

Mr.  Bradshaw  appealed  from  this  decision  of  the  Presbytery  of 
Albany  to  the  Synod  of  New  York,  on  the  gronuds  that  the  Presbytery 
had  refused  to  consider  the  question  of  the  validity  of  Roman  Catholic 
baptism,  and  had  dismissed  the  complaint,  basing  their  action  upon  the 
deliverance  of  the  Assembly,  leaving  the  question  of  validity  to  Sessions. 
The  Synod  of  New  York,  acting  under  Sec.  xcix  of  the  revised  Book 
of  Discipline,  declined  to  entertain  Mr.  Bradshaw' s  appeal  and  com- 
plaint, and  directed  the  fact  to  be  recorded  that  its  decision  was  unani- 
mous. 

From  this  decision  of  the  Synod,  Mr.  Bradshaw  appeals  to  this 
General  Assembly,  on  the  grounds  that  Roman  Catholic  baptism  is  valid, 
and  that  it  was  unconstitutional  for  the  Session  to  require  the  applicant 
to  be  rebaptized.  Your  Committee  can  discover  no  reasons  for  opening 
this  question,  and  being  convinced  that  the  Synod  of  New  York  had 
good  and  sufficient  reasons  for  declining  to  entertain  the  complaint  of 
Mr.  Bradshaw,  and  further  persuaded  that  these  reasons  should  likewise 
prevail  with  this  General  Assembly — viz. ,  that  the  deliverances  of  the 
General  Assembly  have  left  with  Sessions  the  right  to  decide  upon  the 
validity  of  Roman  Catholic  baptism  in  particular  cases,  and  that  the 
Princetown  church  acted  upon  such  deliverances — your  Committee  recom- 
mends that  the  appeal  and  complaint  of  Mr.  Bradshaw  against  the 
action  of  the  Synod  of  New  York  be  not  entertained. — 1885,  pp.  593, 
594. 

[Note. — See  also  Directory  for  Worship,  Chap,  viii,  Sees,  iv,  v.] 

11.  The  Assembly  declines  to  make  a  new  deliverance  on  the  validity 
of  Roman  Catholic  baptism. 

The  Committee  appointed  by  the  Assembly  of  1876,  and  continued 
(with  certain  changes)  by  the  Assembly  of  1877,  to  "  consider  and 
report  upon  the  validity  of  Roman  Catholic  baptism,"  respectfully 
recommend  the  following  for  adoption  by  this  General  Assembly: 

Resolved,  That  it  is  inexpedient  for  this  Assembly  to  make  any  new 
deliverance  on  this  subject. 

It  was  adopted. — 1878,  p.  23. 

III.  Dipping  of  the  person  into  the  water  is  not  necessary ;  but  bap- 
tism is  rightly  administered  by  pouring  or  sprinkling  water  upon  the 
person. 

1.  Mode  of  baptism. 

Is  it  expedient,  in  the  present  state  of  the  Church,  for  a  Presbyterian 
minister  to  baptize  by  immersion  in  any  case  ? 

The  Confession  of  Faith,  Chap,  xxviii.  Sec.  iii,  teaches  as  follows, 
viz. :  Dipping  of  the  person  into  the  water  is  not  necessary ;  but  baptism 
is  rightly  administered  by  pouring  or  sprinkling  of  water  upon  the 
person.  Your  Committee  see  no  cause  for  adding  anything  to  the  doc- 
trine of  the  Confession  on  this  subject.     Adopted. — 1834,  p.  433. 

IV.  Not  only  those  that  do  actually  profess  faith  in,  and  obedience 

unto  Christ,  but  also  the  infants  of  one  or  both  believing  parents  are  to 

be  baptized. 

[Note. — Book  of  Discipline,  Chap,  i,  Sec.  v ;  and  Directory  for  Worship,  Chap,  viii. 
Sec.  iii.] 


108  CONFESSION    OF    FAITH,    CHAPS.     XXVIII-XXIX. 

1.  The  duty  of  Christian  masters  to  have  their  servants  baptized. 
The  following  case  of  couscieuce  from  Donegal  Presbytery  was  over- 
tured,  viz.,  whether  Christian  masters  or  mistresses  ought,  in  duty,  to 
have  such  children  baptized  as  are  under  their  care,  though  born  of 
parents  not  in  the  communion  of  any  Christian  Church.  Upon  this 
overture  Synod  are  of  opinion  that  Christian  masters  and  mistresses, 
whose  religious  professions  and  conduct  are  such  as  to  give  them  a  right 
to  the  ordinance  of  baptism  for  their  own  children,  may  and  ought  to 
dedicate  the  children  of  their  household  to  God  in  that  ordinance  when 
they  have  no  scruple  of  conscience  to  the  contrary. — 1786,  p.  527. 

2.  Of  Christian  slaves  to  have  their  children  baptized. 

It  was  overtured  whether  Christian  slaves,  having  children  at  the 
entire  direction  of  unchristian  masters,  and  not  having  it  in  their  power 
to  instruct  them  in  religion,  are  bound  to  have  them  baptized,  and 
whether  a  Gospel  minister  in  this  predicament  ought  to  baptize  them, 
and  Synod  determined  the  question  in  the  affirmative. — 1786,  p.  527. 

3.  Infant  slaves  of  Christian  masters. 
Ought  baptism,  on  the  profession  and  promise  of  the  master,  to  be 
administered  to  the  children  of  slaves  ? 

1.  It  is  the  duty  of  masters  who  are  members  of  the  Church  to  pre- 
sent the  children  of  parents  in  servitude  to  the  ordinance  of  baptism, 
provided  they  are  in  a  situation  to  train  them  up  in  the  nurture  and 
admonition  of  the  Lord,  thus  securing  to  them  the  rich  advantages  which 
the  Gospel  provides. 

2.  It  is  the  duty  of  Christ's  ministers  to  inculcate  this  doctrine,  and 
to  baptize  all  children  of  this  description  when  presented  by  their  masters. 
—1816,  p.  617. 

4.  Orphan  children  of  heathen  parents  in  the  care  of  our  missions. 

fNoTE. — See  Directory  for  Worship,  Chap,  viii,  Sec.  iii.] 

V.  Although  it  be  a  great  sin  to  contemn  or  neglect  this  ordinance, 
yet  grace  and  salvation  are  not  so  inseparably  annexed  unto  it,  as  that 
no  person  can  be  regenerated  or  saved  without  it,  or  that  all  that  are 
baptized  are  undoubtedly  regenerated. 

VI.  The  efficacy  of  Baptism  is  not  tied  to  that  moment  of  time  where- 
in it  is  administered;  yet,  notwithstanding,  by  the  right  use  of  this 
ordinance  the  grace  j^romised  is  not  only  offered,  but  really  exhibited 
and  conferred  by  the  Holy  Ghost,  to  such  (whether  of  age  or  infants) 
as  that  grace  belongeth  unto,  according  to  the  counsel  of  God's  own  will, 
in  his  appointed  time. 

VII.  The  Sacrament  of  Baptism  is  but  once  to  be  administered  to 
any  person. 

1.  Rebaptism  disorderly. 

Overture  from  the  Presbytery  of  the  Cherokee  Nation,  asking,  "  What 
is  the  standing  of  an  elder  or  member  of  the  Presbyterian  Church,  who, 
becoming  dissatisfied  with  his  baptism  by  sprinkling,  secures  rebaptism  by 
immersion,  by  one  not  a  minister  of  the  Presbyterian  Church  ?" 

Atisiver:  The  action  is  clearly  disorderly  and  in  violation  of  Chap. 


OF    BAPTISM   AND   THE    LORD's   SUPPER.  109 

xxviii,  Sec.  vii,  of  the  Confession  of  Faith.  But  as  it  concerns  the 
mode,  rather  than  the  substance,  of  a  sacrament,  whether  the  act  is  to 
he  regarded  as  disciplinable,  must  be  determined  by  the  Session,  in  the 
light  of  the  circumstances  attending  each  particular  case. 

In  the  case  of  an  elder,  the  Form  of  Government  (Chap,  xiii.  Sees. 
vi,  vii)  makes  it  clear  that  in  certain  circumstances  he  should  at  least 
' '  cease  to  be  an  acting  elder, ' '  and  the  Session  should  ' '  take  order  on 
the  subject. "—1890,  p.  46. 


CHAPTER  XXIX. 
OF  THE  LORD'S  SUPPER. 


I.  Our  Lord  Jesus,  in  the  night  wherein  he  was  betrayed,  instituted 

the  Sacrament  of    his  body  and  blood,  called  the  Lord's  Supper,  to  be 

observed  in  his  Church  unto  the  end  of    the   world,  for  the  perpetual 

remembrance   of  the   sacrifice  of  himself  in  his  death,   the   sealing  all 

benefits  thereof    unto   true   believers,    their  spiritual  nourishment  and 

growth  in  him,  their  further  engagement  in,  and  to  all  duties  which  they 

owe  unto  him;  and  to  be  a  bond  and  pledge  of  their  communion  with 

him,  and  with  each  other,  as  members  of  his  mystical  body. 

[Note. — See  for  decisions  and  deliverances  on  the  Lord's  Supper,  Directory  for  Wor- 
ship, Chap,  ix.] 

II.  In  this  Sacrament  Christ  is  not  oflfered  up  to  his  Father,  nor  any 
real  sacrifice  made  at  all  for  remission  of  sins  of  the  quick  or  dead;  but 
only  a  commemoration  of  that  once  offering  up  of  himself,  by  himself, 
upon  the  cross,  once  for  all;  and  a  spiritual  oblation  of  all  possible 
praise  unto  God  for  the  same :  so  that  the  Popish  sacrifice  of  the  mass, 
as  they  call  it,  is  most  abominably  injurious  to  Christ's  one  only  sacrifice, 
the  alone  propitiation  for  all  the  sins  of  the  elect. 

III.  The  Lord  Jesus  hath,  in  this  ordinance,  appointed  his  ministers 

to  declare  his  word  of  institution   to  the  people,  to  pray,  and  bless  the 

elements  of  bread  and  wine,  and  thereby  to    set  them  apart  from  a 

common  to  an  holy  use:  and  to  take  and  break  the  bread,  to  take  the 

cup,  and  (they  communicating   also    themselves)   to  give   both   to  the 

communicants;  but  to  none  who  are  not  then  present  in  the  congregation. 

[Note. — The  Lord's  Supper  may  he  administered  in  a  private  house  under  certain 
circumstances.    See  Directory  for  Worship,  Chap,  ix.  Sec.  i,  1863,  p.  37,  0.  S.] 

IV.  Private  masses,  or  receiving  this  Sacrament  by  a  priest,  or  any 
other,  alone;  as  likewise  the  denial  of  the  cup  to  the  people;  worshiping 
the  elements ;  the  lifting  them  up,  or  carrying  them  about  for  adoration, 
and  the  reserving  them  for  any  pretended  religious  use ;  are  all  contrary 
to  the  nature  of  this  Sacrament,  and  to  the  institution  of  Christ. 

V.  The  outward  elements  in  this  Sacrament,  duly  set  apart  to  the  uses 
ordained  by  Christ,  have  such  relation  to  him  crucified,  as  that  truly, 
yet  sacramentally  only,  they  are  sometimes  called  by  the  name  of  the 


110  CONFESSION   OF    FAITH,    CHAPS.    XXX-XXXI. 

things  they  represent,  to  wit,  the  body  and  blood  of  Christ;  albeit,  in 
substance  and  natui'e,  they  still  remain  truly,  and  only,  bread  and  wine, 
as  they  were  before. 

VI.  That  doctrine  which  maintains  a  change  of  the  substance  of 
bread  and  wine,  into  the  substance  of  Christ's  body  and  blood  (commonly 
called  transubstantiation )  by  consecration  of  a  priest,  or  by  any  other 
Avay,  is  repugnant,  not  to  Scripture  alone,  but  even  to  common  sense 
and  reason;  overthroweth  the  nature  of  the  Sacrament;  and  hath  been, 
and  is  the  cause  of  manifold  superstitions,  yea,  of  gross  idolatries. 

VII.  Worthy  receivers,  outwardly  partaking  of  the  visible  elements 
in  this  Sacrament,  do  then  also  inwardly  by  faith,  really  and  indeed,  yet 
not  carnally  and  corporally,  but  spiritually,  receive  and  feed  upon 
Christ  crucified,  and  all  benefits  of  his  death:  the  body  and  blood  of 
Christ  being  then  not  corporally  or  carnally  in,  with,  or  under  the  bread 
and  wine;  yet  as  really,  but  spiritually,  present  to  the  faith  of  believers 
in  that  ordinance,  as  the  elements  themselves  are  to  their  outward  senses. 

VIII.  Although  ignorant  and  wicked  men  receive  the  outward 
elements  in  this  Sacrament,  yet  they  receive  not  the  thing  signified  there- 
by; but  by  their  unworthy  coming  thereunto  are  guilty  of  the  body  and 
blood  of  the  Lord,  to  their  own  damnation.  Wherefore  all  ignorant 
and  ungodly  persons,  as  they  are  unfit  to  enjoy  communion  with  him,  so 
are  they  unworthy  of  the  Lord's  Table,  and  cannot,  without  great  sin 
against  Christ,  while  they  remain  such,  partake  of  these  holy  mysteries, 
or  be  admitted  thereunto.         • 


CHAPTER  XXX. 
OF  CHURCH  CENSURES. 

I.  The  Lord  Jesus,  as  king  and  head  of  his  Church,  hath  therein 
appointed  a  government  in  the  hand  of  church- officers,  distinct  from  the 
civil  magistrate. 

II.  To  these  officers  the  keys  of  the  kingdom  of  heaven  are  committed, 
by  virtue  whereof  they  have  power  respectively  to  retain  and  remit  sins, 
to  shut  that  kingdom  against  the  impenitent,  both  by  the  word  and  cen- 
sures ;  and  to  open  it  unto  penitent  sinners,  by  the  ministry  of  the  gospel, 
and  by  absolution  from  censures,  as  occasion  shall  require. 

HI.  Church  censures  are  necessary  for  the  reclaiming  and  gaining  of 
offending  brethren;  for  deterring  of  others  from  like  ofiences;  for  purg- 
ing out  of  that  leaven  which  might  infect  the  whole  lump;  for  vindica- 
ting the  honor  of  Christ,  and  the  holy  profession  of  the  gospel;  and  for 
preventing  the  wrath  of  God,  which  might  justly  fall  upon  the  Church, 
if  they  should  suffer  his  covenant,  and  the  seals  thereof,  to  be  profaned 
by  notorious  and  obstinate  offenders. 


OP  CHURCH   CENSURES   AND    COUNCILS.  Ill 

IV.    For  the  better  attaining  of  these  ends,  the  officers  of  the  Church 

are  to  proceed  by  admonition,   suspension  from  the  Sacrament   of  the 

Lord's  Supper  for  a  season,  and  by  excommunication  from  the  Church, 

according  to  the  nature  of  the  crime,  and  demerit  of  the  person. 

[Note. — For  the  censures  which  maybe  inflicted,  see  Book  of  Discipline,  Cliap.  v, 
Sees,  xxxiv  and  xl.  Also  Directory  for  Worship,  Chap,  xi,  and  Form  of  Govern- 
ment, Chap,  viii.  Sec.  ii  ;  Chaii.  ix,  Sec.  vi.] 


CHAPTER  XXXI. 
OF  SYNODS  AND  COUNCILS. 

I.  For  the  better  government  and  further  edification  of  the  Church, 
there  ought  to  be  such  assemblies  as  are  commonly  called  synods  or  coun- 
cils: and  it  belongeth  to  the  overseers  and  other  rulers  of  the  particular 
churches,  by  virtue  of  their  office,  and  the  power  which  Christ  hath 
given  them  for  edification  and  not  for  destruction,  to  appoint  such  assem- 
blies; and  to  convene  together  in  them,  as  often  as  they  shall  judge  it 
expedient  for  the  good  of  the  Church. 

[Note. — See  Form  of  Government,  Chap,  viii,  Sees,  i  andii,  and  Chaps,  ix-xii.] 

II.  It  belongeth  to  synods  and  councils,  ministerially,  to  determine 
controversies  of  faith,  and  cases  of  conscience;  to  set  down  rules  and 
directions  for  the  better  ordering  of  the  public  worship  of  God,  and 
government  of  his  Church;  to  receive  complaints  in  cases  of  mal-admin- 
istration,  and  authoritatively  to  determine  the  same:  which  decrees  and 
determinations,  if  consonant  to  the  Word  of  God,  are  to  be  received 
with  reverence  and  submission,  not  only  for  their  agreement  with  the 
Word,  but  also  for  the  power  whereby  they  are  made,  as  being  an 
ordinance  of  God,  appointed  thereunto  in  his  Word. 

[Note. — See  Form  of  Government,  Chap,  i.  Sec.  vii  and  Chap,  xii.] 

III.  All  synods  or  councils  since  the  apostles'  times,  whether  general 
or  particular,  may  err,  and  many  have  erred;  therefore  they  are  not  to 
be  made  the  rule  of  faith  or  practice,  but  to  be  used  as  a  help  in  both. 

[Note. — See  Form  of  Government,  Chap,  i.  Sec.  vii.] 

IV.  Synods  and  councils  are  to  handle  or  conclude  nothing,  but  that 
which  is  ecclesiastical :  and  are  not  to  intermeddle  with  civil  affairs  which 
concern  the  commonwealth,  unless  by  way  of  humble  petition  in  cases 
extraordinary;  or  by  way  of  advice  for  satisfaction  of  conscience,  if 
they  be  thereunto  required  by  the  civil  magistrate. 

1.  The  Spiritual  Character  of  the  Church. 

The  following  paper,  offered  by  Elder  George  H.  Shields,  was  unani- 
mously adopted  by  a  rising  vote : 

Whereas,  The  Synod  of  Missouri,  in  connection  with  the  General 
Assembly  of  the  Presbyterian  Church  in  the  United  States  of  America, 
at  its  meeting  in  Fulton,  Mo.,  in  October,  1886,  unanimously  adopted 
the  following  paper  and  declaration  of  principles,  to  wit: 


112  CONFESSION    OF    FAITH,    CHAPS.     XXXI-XXXIII. 

"  It  has  come  to  the  knowledge  of  this  Synod  that  many  brethren 
belonging  to  the  Synod  in  connection  with  the  General  Assembly  of  the 
Presbyterian  Church  in  the  United  States,  are  under  a  misapprehension 
with  regard  to  the  position  of  this  body  touching  the  spiritual  or  non- 
political  character  of  the  Church,  and  also  touching  the  rights  of  indi- 
viduals under  the  Constitution  of  the  Church.  Owing  to  this  misappre- 
hension, and  to  the  continued  separation  of  the  two  Synods,  many  of  the 
congregations  on  both  sides  are  greatly  weakened,  our  educational 
institutions  are  partially  paralyzed,  and  all  of  our  interests  are  seriously 
crippled.  With  the  hope  of  healing  forever  the  breach  between  us,  we 
once  more  affectionately  extend  the  hand  of  fellowship  to  our  separated 
brethren,  and  cheerfully  reaffirm  the  action  unanimously  taken  by  this 
Synod  in  187-3,  as  follows: 

"1.  We  affirm  the  spiritual  character  of  the  Church  as  separated 
from  the  kingdoms  of  this  world,  and,  having  no  other  head  than  the 
Lord  Jesus  Christ,  as  entitled  to  speak  only  where  He  has  spoken,  and  to 
legislate  only  where  He  has  legislated ;  we  also  recognize  the  rights  of 
conscience,  and  the  right  of  respectful  protest  on  the  part  of  the  hum- 
blest member  of  the  Presbyterian  household  of  faith,  and  declare  the 
obligation  of  all  our  judicatories  to  be  subject  to  the  authority  and  to 
follow  the  doctrines  of  our  ecclesiastical  constitution. 

"  2.  We  distinctly  and  particularly  affirm  our  belief  in  the  following 
principles  and  statements  found  in  our  Standards,  to  wit:  '  Synods  and 
councils  are  to  handle  or  conclude  nothing  but  that  Avhich  is  ecclesiastical, 
and  are  not  to  intermeddle  with  civil  affairs  which  concern  the  Common- 
wealth, unless  by  way  of  humble  petition  in  cases  extraordinary,  or  by 
way  of  advice  for  the  satisfaction  of  conscience,  if  they  be  thereunto 
required  by  the  civil  magistrate '  (Confession  of  Faith,  Chap,  xxxi. 
Sec.  iv).  '  That  God  alone  is  Lord  of  the  conscience,  and  hath  left  it 
free  from  the  doctrines  and  commandments  of  men,  which  are  in  any- 
thing conti-ary  to  His  Word,  or  beside  it  in  matters  of  faith  or  worship.' 
'  That  all  Church  power,  Avhether  exercised  by  the  body  in  general,  or 
in  the  way  of  representation  by  delegated  authority,  is  only  ministerial 
or  declarative;  that  is  to  say,  that  the  Holy  Scriptures  are  the  only  rule 
of  faith  and  practice,  that  no  Church  judicatory  ought  to  pretend  to 
make  laws  to  bind  the  conscience  in  virtue  of  their  own  authority,  and 
that  all  their  decisions  should  be  founded  upon  the  revealed  will  of  God  ' 
(Form  of  Government,  Chap,  i,  Sees,  i,  vii);  and  that  process  against 
a  Gospel  minister  should  always  be  entered  before  the  Presbytery  of 
which  he  is  a  member  (Book  of  Discijjline,  Sees,  xviii,  cviii). 

' '  3.  In  order  to  give  the  strongest  j^ossible  ground  of  confidence  to  those 
of  our  brethren  in  the  other  Synod,  who  desire  organic  union  with  us, 
we  do  hereby  express  confidence  in  the  soundness  of  doctrine,  and  in  the 
Christian  character  of  these  brethren,  and  cannot  doubt  that  a  more 
intimate  communion  would  lead  to  the  speedy  removal  of  the  barriers 
that  now  separate  those  of  like  j^recious  faith,  and  to  increased  mutual 
affection  and  esteem." 

Now,  therefore,  be  it 

Resolved,  That  this  General  Assembly  heartily  approves  the  action  of 
the  Synod  of  Missouri  in  adopting  said  paper,  and  the  declaration  of 
principles  therein  set  forth.— 1887,' pp.  26,  27;  1888,  p.  147. 


OF   THE    RESURRECTION    AND   THE    LAST    JUDGMENT,  113 

CHAPTER   XXXII. 

OF  THE  STATE   OF  MAN  AFTER   DEATH,   AND  OF   THE 
RESURRECTION  OF  THE  DEAD. 

I.  The  bodies  of  men,  after  death,  return  to  dust,  and  see  coi*ruption ; 
but  their  souls  (which  neither  die  nor  sleep),  having  an  immortal  sub- 
sistence, immediately  return  to  God  who  gave  them.  The  souls  of  the 
righteous,  being  then  made  perfect  in  holiness,  are  received  into  the 
highest  heavens,  where  they  behold  the  face  of  God  in  light  and  glory, 
waiting  for  the  full  redemption  of  their  bodies:  and  the  souls  of  the 
wicked  are  cast  into  hell,  where  they  remain  in  torments  and  utter 
darkness,  reserved  to  the  judgment  of  the  great  day.  Besides  these  two 
places  for  souls  separated  from  their  bodies,  the  Scripture  acknowledgeth 
none. 

[Note. — See  case  of  Rev.  Charles  A.  Briggs,  D.D.,  under  Confession,  Chap,  i,  Sec.  ii, 
Charge  ii;  case  of  John  Miller,  under  Chap,  vi.  Specification.] 

II.  At  the  last  day,  such  as  are  found  alive  shall  not  die,  but  be 
changed:  and  all  the  dead  shall  be  raised  up  with  the  self-same  bodies, 
and  none  other,  although  with  different  qualities,  which  shall  be  united 
again  to  their  souls  for  ever. 

III.  The  bodies  of  the  unjust  shall,  by  the  power  of  Christ,  be  raised 
to  dishonor;  the  bodies  of  the  just,  by  his  Spirit,  unto  honor,  and  be 
made  conformable  to  his  o^^ti  glorious  body. 

CHAPTER  XXXIII. 
OF   THE  LAST  JUDGMENT 

I.  God  hath  appointed  a  day,  wherein  he  will  judge  the  world  in 
righteousness  by  Jesus  Christ,  to  whom  all  power  and  judgment  is  given 
of  the  Father.  In  which  day,  not  only  the  apostate  angels  shall  be 
judged ;  but  likewise  all  persons,  that  have  lived  upon  earth,  shall  appear 
before  the  tribunal  of  Christ,  to  give  an  account  of  their  thoughts,  words, 
and  deeds ;  and  to  receive  according  to  what  they  have  done  in  the  body, 
whether  good  or  evil. 

II.  The  end  of  God's  appointing  this  day  is  for  the  manifestation  of 
the  glory  of  his  mercy,  in  the  eternal  salvation  of  the  elect;  and  of  his 
justice,  in  the  damnation  of  the  reprobate,  who  are  wicked  and  disobe- 
dient. For  then  shall  the  righteous  go  into  everlasting  life,  and  receive 
that  fullness  of  joy  and  refreshing  which  shall  come  from  the  presence 
of  the  Lord:  but  the  wicked,  who  know  not  God,  and  obey  not  the 
gospel  of  Jesus  Christ,  shall  be  cast  into  eternal  torments,  and  be 
punished  with  everlasting  destruction  from  the  presence  of  the  Lord,  and 
from  the  glory  of  his  power. 

III.  As  Christ  would  have  us  to  be  certainly  persuaded  that  there 
shall  be  a  day  of  judgment,  both  to  deter  all  men  from  sin,  and  for  the 


114  CONFESSION   OF    FAITH,    CHAP.    XXXIII. THE   CREED. 

greater  consolation  of  the  godly  in  their  adversity:  so  will  he  have  that 

day  unknown  to  men,  that  they  may  shake  off  all  carnal  security,  and 

be  always  watchful,  because  they  know  not  at  what  hour  the  Lord  will 

come;  and  may  be   ever  prepared   to   say,   Come,    Lord   Jesus,  come 

quickly.     Amen. 

End  of  Confession. 

General  Deliverances  on  Doctrine. 

[Note. — For  the  deliverances  of  the  Assembly  of  1837  on  doctrinal  errors,  and  for 
the  Auburn  Declaration,  see  under  Form  of  Government,  Chap,  xii,  Sec.  v,  p.  281.] 

THE  CREED. 

I  believe  in  God  the  Father  Almighty,  Maker  of  heaven  and  earth: 
And  in  Jesus  Christ  his  only  Son,  our  Lord ;  who  was  conceived  by  the 
Holy  Ghost,  born  of  the  Virgin  Mary,  suffered  under  Pontius  Pilate, 
was  crucified,  dead,  and  buried ;  he  descended  into  hell  ;*  the  tliird  day 
he  rose  again  from  the  dead ;  he  ascended  into  heaven,  and  sitteth  on 
the  right  hand  of  God  the  Father  Almighty;  from  thence  he  shall  come 
to  judge  the  quick  and  the  dead. 

I  believe  in  the  Holy  Ghost ;  the  holy  Catholic  Church ;  the  communion 
of  saints;  the  forgiveness  of  sins;  the  resurrection  of  the  body;  and  the 
life  everlasting.      Amen. 

[Note. — The  creed  was  formally  adopted  by  the  Westminster  Assembly,  as  a  part 
of  the  Shorter  Catechism,  and  was  adopted  also  by  the  General  Synod  of  this  Church 
in  1729  and  1788.] 

1.  Authorized  alterations  in  the  Creed.    Use  in  worship. 

"  Resolved,  That  the  propriety  of  omitting  from  or  changing  in  the 
so-called  Apostles'  Creed  the  phrases,  '  He  descended  into  hell,'  and 
'  The  Holy  Catholic  Church, '  be  referred  to  the  Committee  on  a  Consen- 
sus Creed  to  consider  what  is  wise  in  the  way  of  action  and  to  report  to 
the  General  Assembly." 

The  Committee,  having  carefully  considered  the  subject  of  this  resolu- 
tion, respectfully  recommend  that  no  change  in  the  Creed  be  attempted, 
and  would  call  attention  to  the  fact  that  the  footnote  connected  with  it 
and  explanatory  of  the  phrase,  ' '  He  descended  into  hell, "  is  a  part  of 
the  Creed  itself.  The  note  reads,  ' '  Continued  in  the  state  of  the  dead, 
and  under  the  power  of  death,  until  the  third  day."  This  note  is  not 
the  work  of  an  editor,  but  of  the  Westminster  Assembly,  and  was 
confirmed  and  adopted  by  our  General  Synod  in  1788.  The  Apostles' 
Creed,  as  a  Standard  of  the  Presbyterian  Church,  includes  this  explana- 
tory note,  and  neither  the  Creed  nor  the  note  could  be  changed  except 
bv  due  constitutional  procedure.  The  Committee,  however,  feel  that  it 
would  be  unwise,  in  any  event,  to  attempt  to  revise  this  venerable 
Formula  of  Faith,  which,  though  not  of  apostolic  origin,  has  yet  back 
of  it  Christian  antiquity  and  the  veneration  of  all  Christian  commu- 
nions. 

*  i.  e.  Continued  in  the  state  of  the  dead,  and  under  the  power  of  death,  until  the 
third  day.  ^        ,  .       ^ 

[See  the  answer  to  the  50th  question  m  the  Larger  Catechism. J 


OF    THE   CREED.  115 

Resolved,  The  atteutiou  of  our  cougregatious  is  hereby  called  to  the 
fact  that  the  Apostles'  Creed  is  one  of  the  Standards  of  the  Presbyterian 
Church ;  that  the  instruction  of  the  children  of  the  Church  therein  is 
commended  in  the  Directory  for  Worship,  Chap,  x,  Sec.  i,  and  that  its 
use  in  worship  is  not  contrary  to  any  law  or  regulation  of  our  denomina- 
tion. 

Resolved,  That  when  the  Apostles'  Creed  is  used  in  the  worship  of  our 
congregations,  the  Assembly  judges  that  ministers  are  at  liberty  to  substi- 
tute for  the  phrase,  ' '  He  descended  into  hell, ' '  the  equivalent  words, 
"  He  continued  in  the  state  of  the  dead,  and  under  the  power  of  death, 
until  the  third  day."— 1892,  pp.  34,  35. 


116  FORM  or  GOVERNMENT,  CHAP.  I, 

PART  III. 

THE  FOEM  OF  GOVERNMENT. 

Adopted  1788.     Amended  1805—1894. 

CHAPTER  I. 

PRELIMINARY  PRINCIPLES."^ 

The  Presbyterian  Church  in  the  United  States  of  America,  in  pre- 
senting to  the  Christian  public  the  system  of  union,  and  the  form  of 
government  and  discipline  which  they  have  adopted,  have  thought 
proper  to  state,  by  way  of  introduction,  a  few  of  the  general  principles 
by  which  they  have  been  governed  in  the  formation  of  the  plan.  This, 
it  is  hoped,  will,  in  some  measure,  prevent  those  rash  misconstructions, 
and  uncandid  reflections,  which  usually  proceed  from  an  imperfect  view 
of  any  subject;  as  well  as  make  the  several  parts  of  the  system  plain, 
and  the  whole  perspicuous  and  fully  understood. 

They  are  unanimously  of  opinion: 

I.  That  "  God  alone  is  Lord  of  the  conscience;  and  hath  left  it  free 
' '  from  the  doctrines  and  commandments  of  men,  which  are  in  anything 
' '  contrary  to  his  woi'd,  or  beside  it  in  matters  of  faith  or  worship :" f  there- 
fore they  consider  the  rights  of  private  judgment,  in  all  mattere  that 
respect  religion,  as  universal  and  unalienable :  they  do  not  even  wish  to 
see  any  religions  constitution  aided  by  the  civil  power,  further  than  may 
be  necessary  for  protection  and  security,  and,  at  the  same  time,  be  equal 
and  common  to  all  others. 

II.  That,  in  perfect  consistency  Avith  the  above  principle  of  common 
right,  every  Christian  Church,  or  union  or  association  of  particular 
churches,  is  entitled  to  declare  the  terms  of  admission  into  its  communion, 
and  the  qualifications  of  its  ministers  and  members,  as  well  as  the  w^hole 
system  of  its  internal  government  which  Christ  hath  appointed:  that,  in 
the  exercise  of  this  right  they  may,  notwithstanding,  err,  in  making  the 
terms  of  communion  either  too  lax  or  too  narrow;  yet,  even  in  this  case, 
they  do  not  infringe  upon  the  liberty,  or  the  rights  of  others,  but  only 
make  an  improper  use  of  their  own. 

III.  That  our  blessed  Saviour,  for  the  edification  of  the  \'isible 
Church,  which  is  his  body,  hath  appointed  officers,  not  only  to  preach 

*  This  introductory  chapter,  with  the  exception  of  the  first  sentence,  was  first  drawn 
up  by  the  Synod  of  New  York  and  Philadelphia,  and  prefixed  to  the  Form  of  Gov- 
ernment, etc.,  as  published  by  that  body  in  1788.  In  that  year,  after  arranging  the 
plan  on  which  the  Presbyterian  Church  is  now  governed,  the  Synod  was  divided  into 
four  Synods,  and  gave  place  to  the  General  Assembly,  which  met  for  the  first  time  in 
1789. 

t  Confession  of  Faith,  Chap,  xx.  Sec.  ii. 


PRELIMINARY    PRINCIPLES.  117 

the  gospel  and  administer  the  sacraments ;  but  also  to  exercise  discipline, 
for  the  preservation  both  of  truth  and  duty;  and,  that  it  is  incumbent 
upon  these  officers,  and  upon  the  whole  Church,  in  whose  name  they  act, 
to  censure  or  cast  out  the  erroneous  and  scandalous;  observing,  in  all 
cases,  the  rules  contained  in  the  Word  of  God. 

IV.  That  ti'uth  is  in  order  to  goodness ;  and  the  great  touchstone  of 
truth,  its  tendency  to  promote  holiness;  according  to  our  Saviour's  rule, 
* '  by  their  fruits  ye  shall  know  them. ' '  And  that  no  opinion  can  be 
either  more  pernicious  or  more  absurd,  than  that  which  brings  truth  and 
falsehood  upon  a  level,  and  represents  it  as  of  no  consequence  what  a 
man's  opinions  are.  On  the  contrary,  they  are  persuaded  that  there  is 
an  inseparable  connection  between  faith  and  practice,  truth  and  duty. 
Otherwise  it  would  be  of  no  consequence  either  to  discover  truth,  or  to 
embrace  it. 

V.  That  while  under  the  conviction  of  the  above  principle,  they 
think  it  necessary  to  make  effectual  provision,  that  all  who  are  admitted 
as  teachers,  be  sound  in  the  faith ;  they  also  believe  that  there  are  truths 
and  forms,  with  respect  to  which  men  of  good  characters  and  principles 
may  differ.  And  in  all  these  they  think  it  the  duty  both  of  private 
Christians  and  societies,  to  exercise  mutual  forbearance  towards  each  other. 

VI.  That  though  the  character,  qualifications,  and  authority,  of 
church  officers,  are  laid  down  in  the  Holy  Scriptures,  as  well  as  the  proper 
method  of  their  investiture  and  institution ;  yet  the  election  of  the  persons 
to  the  exercise  of  this  authority,  in  any  particular  society,  is  in  that 
society. 

VII.  That  all  church  power,  whether  exercised  by  the  body  in  gen- 
eral, or  in  the  way  of  representation  by  delegated  authority,  is  only 
ministerial  and  declarative ;  that  is  to  say,  that  the  Holy  Scriptures  are 
the  only  rule  of  faith  and  manners;  that  no  church  judicatory  ought  to 
pretend  to  make  laws,  to  bind  the  conscience  in  virtue  of  their  own 
authority;  and  that  all  their  decisions  should  be  founded  upon  the 
revealed  will  of  God.  Now,  though  it  will  easily  be  admitted,  that  all 
synods  and  councils  may  err,  through  the  frailty  inseparable  from 
humanity  ;  yet  there  is  much  greater  danger  from  the  usurped  claim  of 
making  laws,  than  from  the  right  of  judging  upon  laws  already  made, 
and  common  to  all  Avho  profess  the  gospel ;  although  this  right,  as 
necessity  requires  in  the  present  state,  be  lodged  with  fallible  men. 

VIII.  Lastly,  That,  if  the  preceding  scriptural  and  rational  principles 
be  steadfastly  adhered  to,  the  vigor  and  strictness  of  its  discipline  will 
contribute  to  the  glory  and  happiness  of  any  Church.  Since  ecclesias- 
tical discipline  must  be  purely  moral  or  spiritual  in  its  object,  and  not 
attended  with  any  civil  effects,  it  can  derive  no  force  whatever,  but  from 
its  own  justice,  the  approbation  of  an  impartial  public,  and  the  counte- 
nance and  blessing  of  the  great  Head  of  the  Church  universal. 


118  FORM  OF  GOVERNMENT,  CHAP.  II. 

CHAPTER  II. 
OF  THE   CHURCH. 

I.  Jesus  Christ,  who  is  now  exalted  far  above  all  principality  and 
power,  hath  erected,  in  this  world,  a  kingdom,  which  is  his  church. 

II.  The  universal  church  consists  of  all  those  persons,  in  every 
nation,  together  with  their  children,  who  make  profession  of  the  holy 
religion  of  Christ,  and  of  submission  to  his  laws. 

1.  Deliverances  on  Church  Unity. 

On  receiving  the  report  of  the  Special  Committee  on  Church  Unity 
appointed  in  1887  on  a  memorial  from  the  Protestant  Episcopal  Church 
[see  Minutes,  p.  1 54] ,  the  following  action  was  had : 

1.  The  General  Assembly  reaffirms  the  declaration  of  the  General 
Assembly  of  1887  [pp.  133,  134  and  156]  as  follows,  viz.:  "The 
General  Assembly  is  in  cordial  sympathy  with  the  growing  desire  among 
the  evangelical  Christian  Churches  for  practical  unity  and  cooperation  in 
the  work  of  spreading  the  Gospel  of  our  Lord  Jesus  Christ  throughout 
all  the  earth." 

2.  It  reaffirms  the  further  declaration  of  the  same  Assembly,  viz. : 

a.  All  believers  in  Christ  constitute  one  body,  mystical,  yet  real, 
and  destined  to  grow  into  the  fullness  of  Him  who  filleth  all  in  all. 

b.  The  universal  visible  Church  consists  of  all  those  throughout  the 
world  who  profess  the  true  religion,  together  with  tlieir  children. 

C.  Mutual  recognition  and  reciprocity  between  the  different  bodies 
who  profess  the  true  religion  is  the  first  and  essential  step  towards  practi- 
cal Church  unity.— 1894,  p.  28. 

The  Committee  on  Church  Unity  presented  its  report  on  correspon- 
dence with  the  Protestant  Episcopal  Commission.  The  following  resolu- 
tions were  adopted: 

1.  That  the  Committee  on  Church  Unity  be,  and  hereby  is,  discharged 
from  further  conference  with  the  Commission  of  the  Protestant  Episco- 
pal Church  on  this  subject. 

2.  That  one  thousand  copies  of  the  correspondence  with  the  Commis- 
sion, accompanied  by  the  report  of  the  Committee  to  this  Assembly,  be 
printed  as  a  permanent  record. 

3.  That  the  Presbyterian  Church  in  the  United  States  of  America 
desires  a  closer  affiliation  with  other  evangelical  Churches,  and  expresses 
the  hope  that  the  time  may  soon  come  when  the  suspended  correspon- 
dence with  the  Commission  of  the  Protestant  Episcopal  Church  may  be 
reopened  by  the  acceptance  by  that  Church  of  the  doctrine  of  "  mutual 
recognition  and  reciprocity." — 1896,  p.  104. 

III.  As  this  immense  multitude  cannot  meet  together  in  one  place,  to 
hold  communion,  or  to  worship  God,  it  is  reasonable,  and  warranted  by 
Scripture  example,  that  they  should  be  divided  into  many  particular 
churches. 

IV.  A  particular  church  consists  of  a  number  of  professing  Chris- 
tians,  with  their  offspring,    voluntarily  associated  together,    for   divine 


OF    THE    CHURCH.  119 

worship  and  godly  living,  agreeably  to  the  Holy  Scriptures ;  and  submit- 
ting to  a  certain  form  of  government. 

[Note. — See,  also,  Book  of  Discipline,  Chap,  i,  Sec.  v  ;  Directory  for  Worship,  Chap. 
X,  Sec.  i. 

A  larger  type  is  used  to  indicate  to  the  reader  that  the  parts  thus  printed  are  from 
the  FoEM  OF  Government,  Book  of  Discipline,  or  Directory  for  Worship.] 

1.  Mode  of  organization  of  new  churches. 

The  Committee  to  whom  was  recommitted  the  report  of  the  last  As- 
sembly, on  the  organization  of  new  churches,  reported  again,  and  their 
report  was  read  and  adopted,  and  is  as  follows,  viz.  : 

That  a  particular  Presbyterian  church,  so  far  as  adults  are  concerned, 
is  constituted  and  organized  as  such,  by  a  number  of  individuals,  pro- 
fessing to  walk  together  as  the  disciples  of  Jesus  Christ,  on  the  principles 
of  the  Confession  of  Faith  and  Form  of  Government  of  the  Presby- 
terian Church,  and  the  election  and  ordination  of  one  or  more  ruling 
elders,  who,  by  the  ordination  service,  become  the  spiritual  rulers  of  the 
persons  voluntarily  submitting  themselves  to  their  authority  in  the  Lord. 

a.  This  organization  ought  always  to  be  made  by  application  to  the 
Presbytery,  within  the  bounds  of  which  the  church  to  be  organized  is 
found,  unless  this  be  exceedingly  inconvenient,  in  which  case  it  may  be 
done  by  a  duly  authorized  missionary,  or  a  neighboring  minister  of  the 
Gospel. 

b.  At  the  time  appointed  for  the  purpose,  after  prayer  for  divine 
direction  and  blessing,  the  presiding  minister,  or  Committee  appointed 
by  the  Presbytery,  should  first  receive  from  those  persons  to  be  organized 
into  the  new  church,  if  they  have  been  communicants  in  other  churches, 
letters  of  dismission  and  recommendation ;  and  in  the  next  place,  exam- 
ine and  admit  to  a  profession  of  faith,  such  persons  as  may  ofi^'er  them- 
selves, and  may  be  judged  suitable  to  be  received  on  examination.  If 
any  of  these  persons  admitted  to  a  profession  on  examination  have  not 
been  baptized,  they  should  in  this  stage  of  the  business  be  made  the 
subjects  of  Christian  baptism. 

C.  The  individuals  ascertained  in  the  foregoing  manner  to  be  desirous 
and  prepared  to  associate  as  a  church  of  Christ,  should  now,  by  some 
public  formal  act,  such  as  rising,  joining  hands,  or  subscribing  a  written 
statement,  agree  and  covenant  to  walk  together  in  a  church  relation, 
according  to  the  acknowledged  doctrines  and  order  of  the  Presbyterian 
Church. 

d.  The  next  step  is  to  proceed  to  the  election  and  ordination  of  ruling 
elders,  in  conformity  with  the  directions  given  on  this  subject  in  the 
Form  of  Government  of  the  Presbyterian  Church. 

Deacons  are  to  be  elected  and  ordained  in  like  manner  as  in  the  case 
of  ruling  elders. 

e.  When  a  church  has  been  organized  in  the  manner  already  described, 
report  of  the  same  should  be  made,  as  soon  as  practicable,  to  the  Pres- 
bytery within  whose  bounds  it  is  located.  And  when  a  missionary,  or 
other  minister  of  the  Gospel,  not  especially  appointed  to  the  work  by  a 
Presbytery,  has,  in  the  maimer  above  specified,  organized  a  church,  not 
within  the  known  bounds  of  any  Presbytery,  the  church  thus  organized 
should  as  soon  as  practicable  make  known  to  some  Presbytery,  with 
which  it  may  be  most  naturally  and  conveniently  connected,  the  time 
and  manner  of  its  organization,  and  desire  to  be  received  under  the  care 
of  said  Presbytery. 


120  FORM  OF  GOVERNMENT,  CHAP.  II. 

In  cases  in  which  churches  are  to  be  formed  within  the  known  boun- 
daries of  any  Presbytery,  it  is  most  desirable  that  persons  wishing  to  be 
organized  as  a  Presbyterian  church,  should  petition  that  Presbytery  to 
receive  them  under  its  care  for  the  purpose  of  organizing  them  in  due 
form. 

f.  There  may  be  people  in  destitute  portions  of  our  land,  who  may  be 
disposed  to  associate  for  the  purpose  of  forming  a  Presbyterian  congre- 
gation, when  no  minister  of  the  Gospel  can  be  obtained  to  aid  them. 
The  forming  of  associations  for  such  a  purpose,  in  the  circumstances 
contemplated,  should  be  considered  not  only  as  lawful,  but  highly  com- 
mendable. And  such  associations,  when  formed,  should,  as  speedily  as 
possible,  take  measures  for  obtaining  the  preaching  of  the  Gospel,  and 
for  becoming  organized  as  regular  churches. 

g.  Cases  may  also  occur,  in  various  places,  in  which  a  collection  or 
association  of  people  may  desire  the  preaching  of  the  Gospel,  and  be 
willing,  in  whole  or  in  part,  to  support  it,  and  yet  may  not  have  suitable 
men  among  them  to  sustain  the  office  of  ruling  elders. 

Such  people  may  and  ought  to  obtain  a  preacher  of  the  Gospel  to  labor 
among  them,  and  occasionally  to  administer  ordinances,  under  the  direc- 
tion of  some  Presbytery,  till  they  shall  find  themselves  in  circumstances 
to  make  a  proper  choice  of  ruling  elders,  and  to  have  them  regularly 
set  apart  to  their  office. — 1831,  pp.  326,  327. 

2.  Enrollment  of  imperfectly  organized  churches. 

[Note. — The  Presbytery  of  West  .Jersey  overtured  the  Assembly  for  an  answer  to 
the  question  whether  a  number  of  professing  Christians  associated  for  divine  wor- 
ship substantially  as  set  forth  in  the  Form  of  Government,  Chap,  ii,  Sec.  iv,  has  a  right 
to  be  enrolled  as  a  Presbyterian  church  before  the  election  of  elders.  P"'or  the  overture 
and  the  answer  of  the  Assembly,  which  was  adopted,  see  Minutes,  1888,  p.  109.  The 
next  year  the  Synod  of  New  .Jersey  overtured  the  Assembly  upon  the  same  subject, 
and  the  answer  of  the  Committee  on  the  Polity  of  the  Church  was  referred  to  a 
Special  Committee  {Minutes,  1889,  pp.  100,  101),  to  report  to  the  next  Assembly.  The 
report  of  the  Special  Committee  to  the  Assembly  of  1890,  which  was  adopted,  is  as 
follows :] 

Your  Committee  would  respectfully  report: 

According  to  the  Form  of  Government,  Chap,  ii.  Sec.  iv,  "A  particu- 
lar church  consists  of  a  number  of  professing  Christians,  Avith  their 
offspring,  voluntarily  associated  together  for  divine  worship  and  godly 
living,  agreeably  to  the  Holy  Scriptures,  and  submitting  to  a  certain 
form  of  government." 

In  1831,  the  General  Assembly  declared,  that  "  a  particular  Presby- 
terian Church,  so  far  as  adults  are  concerned,  is  constituted  and 
organized  as  such,  by  a  number  of  individuals,  profes.sing  to  walk 
together  as  the  disciples  of  Jesus  Christ,  on  the  principles  of  the  Con- 
fession of  Faith  and  Form  of  Government  of  the  Presbyterian  Church, 
and  the  election  and  ordination  of  one  or  more  ruling  elders,  who  by 
the  ordination  service  become  the  spiritual  rulers  of  the  persons  volun- 
tarily submitting  themselves  to  their  authority  in  the  Lord."  In 
describing  the  proper  organization  of  a  particular  Presbyterian  church, 
the  Assembly  requires  that  application  be  made  to  the  Presbytery,  which 
should  appoint  a  Committee  to  accomplish  the  desire  of  the  applicants, 
by  receiving  those  who  are  full  communicants,  on  certificates  from  their 
several  churches;  and,  others,  after  examination,  on  profession  of  faith. 
Those  thus  received  "  should  now,  by  some  public  formal  act,  such  as 
rising,    joining  hands,   or  subscribing  a  written  statement,    agree  and 


OF   THE    CHURCH.  121 

covenant  to  walk  together  in  a  church  relation,  according  to  the 
acknowledged  doctrines  and  order  of  the  Presbyterian  Church  "  (Digest, 
1886,  p.  107).  This  formal  act  constitutes  them  a  Presbyterian 
church,  according  to  the  above-quoted  section  of  the  Form  of  Govern- 
ment. The  "  Book  of  Church  Order"  of  the  Southern  Church  re- 
quires that  the  Committee  should  then  by  its  Chairman  say:  "  I  now 
pronounce  that  you  ai'e  constituted  a  church  according  to  the  Word  of 
God  and  the  faith  and  order  of  the  Presbyterian  Church  in  the  United 
States.  In  the  name  of  the  Father,  and  of  the  Son  and  of  the  Holy 
Ghost"  (Chap,  ii,  Sec.  v). 

Thus  the  communicants  are  organized  a  Presbyterian  church,  before 
they  can  proceed  to  elect  officers.  This  is  evident  from  our  Form  of 
Government,  which  says:  "  In  all  cases  the  persons  elected  (ruling 
elders  or  deacons)  must  be  male  members,  in  full  communion,  in  the 
church  in  which  they  are  to  exercise  their  office  "  (Chap,  xiii,  Sec.  ii)^ 
And  they  can  be  elected  only  by  the  communicants  of  that  particular 
church. 

In  1888,  the  General  Assembly  was  asked  ''  whether  such  a  body  of 
believers,  so  organized,  has  a  right  to  be  enrolled  as  a  church  by  the 
Presbytery,  though  the  election  of  elders  and  deacons  be  postponed 
temporarily  for  reasons  of  prudence  or  necessity ;  and  further,  what  is 
the  status  of  such  a  church,  or  of  one  which  has  lost  its  officers  by  death 
or  removal,  and,  for  the  time  being,  is  without  suitable  material  for  the 
election  of  successors  ?"  The  Assembly  replied  that  "  a  body  of  Chris- 
tians thus  formed  is  essentially  and  potentially  a  church,  with  the  right 
of  enrollment  and  recognition,  though  not  prepared  to  exercise  the  func- 
tions of  government  and  discipline  until  its  representative  officers,  as 
required  by  the  Presbyterian  system,  be  chosen  and  duly  set  apart  for 
these  purposes.  Meanwhile  the  Presbytery  shall  appoint  one  or  more  of 
its  members  to  take  oversight  of  the  spiritual  affairs  of  such  a  church 
until  a  Session  may  be  regularly  constituted. ' '  The  same  Assembly  was 
also  asked :  ' '  May  a  minister  of  a  Presbyterian  cliurch  receive  members 
by  examination  and  profession  of  their  faith  into  a  church  in  which  no 
ruling  elder  or  elders  can  be  found,  all  having  died  or  removed  from  the 
bounds  of  the  church,  and  would  members  so  received  and  recognized 
by  the  congregation  and  chosen  as  officers  of  the  church  be  legally 
entitled  to  their  positions  as  church  officers  ?"  The  Assembly  gave  an 
affirmative  answer  to  these  questions,  "  provided  such  action  is  taken 
under  the  authority  and  direction  of  the  Presbytery"  (Minutes,  1888, 
p.  109). 

A  fully  constituted  Presbyterian  church  must  have  a  pastor,  ruling 
elders  and  deacons.  But  its  existence  as  a  church  does  not  depend  upon 
its  officers.  It  would  not  be  ipso  facto  dissolved  should  they  all  be 
removed.  The  church,  under  a  proper  call,  would  be  competent  to  elect 
others  in  their  stead. 

From  the  above  harmonious  declarations  of  our  Form  of  Government 
and  of  the  General  Assembly,  it  is  evident  that  a  distinction  is  properly 
made  between  the  existence  of  a  church  and  the  agents  through  which 
it  performs  its  functions — between  the  organization  of  a  Presbyterian 
church,  possessing  under  our  Form  of  Government  certain  offices,  and 
the  election  of  individuals  to  fill  these  offices. 

We  therefore  recommend  that  the  following  reply  be  sent  to  the  Synod 
of  New  Jersey: 


122  FORM  OF  GOVERNMENT,  CHAP.  11. 

1.  A  particular  Presbyterian  church  consists  of  a  number  of  com- 
municants, together  with  their  offspring,  associated  by  the  direction  of 
Presbytery,  professing  to  walk  together  as  the  disciples  of  Jesus  Christ, 
on  the  principles  of  the  Confession  of  Faith  and  the  Form  of  Govern- 
ment of  the  Presbyterian  Church,  and  should  be  recognized  and  enrolled 
as  such. 

2.  The  first  act  of  the  newly  oi'ganized  church  should  be  the  election, 
under  the  supervision  of  the  Committee  of  Presbytery,  of  ruling  elders 
and  deacons.  The  Committee  should  at  once  appoint  a  minister  of  the 
Presbytery  as  Moderator  of  Session,  until  the  church  shall  elect  a  pastor, 
and  the  Presbytery  takes  further  action. 

3.  The  Committee  of  Presbytery  should  carefully  consider  the  char- 
acter and  other  qualifications  of  every  candidate  for  ruling  elder  or 
deacon,  and  should  discountenance  the  election  or  ordination  of  those  who 
appear  unsuitable. 

4.  When,  however,  proper  persons  cannot  be  found  among  the  com- 
municants for  church  officers,  all  the  facts  should  be  reported  to  Presby- 
tery, which  should  regai'd  the  organization  as  potentially  a  church,  and 
therefore  entitled  to  enrollment  and  supervision;  but  as  imperfect  in  its 
condition,  being  disqualified,  lacking  the  proper  officers,  from  exercising 
government  and  discipline,  and  from  representation  in  the  judicatories 
of  the  Church.  The  Presbytery  should  therefore  appoint  a  Special 
Committee  to  take  the  oversight  of  the  church,  and  to  secure,  as  soon  as 
possible,  the  election  of  proper  officers — ruling  elders  and  deacons — that 
it  may  perform  all  the  functions  of  a  Presbyterian  church. — 1890,  pp. 
113-116. 

3.  Church  charters  should  be  consistent  with  the  ecclesiastical  order 
and  principles  of  the  Presbyterian  Church. 

Considering  that  it  is  necessary  to  the  due  and  orderly  maintenance  of 
the  Constitution  of  the  Presbyterian  Church  in  its  various  provisions, 
that  care  be  taken,  in  obtaining  legal  enactments  of  a  secular  kind,  that 
they  be  so  formed  as  not  to  come  in  conflict  with  any  such  provisions — 
and  whereas,  it  is  known,  that  instances  have  existed,  and  probably  do 
still  exist,  in  which  the  charters  of  churches,  and  perhaps  other  legal 
instruments,  are  so  framed  that  the  laws  of  the  Church  and  the  laws  of 
the  land  are  not  reconcilable  with  each  other:  Therefore, 

Resolved,  That  the  General  Assembly  earnestly  recommend  it  to  all 
the  congregations  under  their  supervision,  that  in  resorting  to  the  legis- 
latures or  tribunals  of  our  country,  they  use  the  utmost  care  to  ask 
nothing  which,  if  granted,  will  in  any  respect  contravene  the  principles 
or  order  of  our  Church;  and  in  any  cases  in  which  civil  enactments, 
heretofore  obtained,  do  militate  with  any  of  the  principles  or  order  of 
our  Church,  they  endeavor,  as  soon  as  possible,  to  obtain  the  repeal  or 
modification  of  such  enactments,  so  as  to  make  them  consistent  with  the 
ecclesiastical  order  and  principles  of  the  Presbyterian  Church. — 1838,  p. 
26,  O.  S. 

[Note  — Full  information  as  to  charters  for  church  corporations  will  be  found  in 
"Laws  Relating  to  Religious  Corporations  :  Being  a  Collection  of  the  General  Stat- 
utes of  the  Several  States,"  etc.  By  Rev.  W.  H.  Roberts,  D.D.,  LL.D.  Pp.  Ixvi,  591, 
8vo.     Philadelphia,  Presbyterian  Board  of  I*ublication,  1896.] 

4.  Trustees,  recognition  by  General  Synod. 

It  is  not  inconsistent  with  the  Presbyterian  plan  of  government,  nor 
the  institution  of  our   Lord  Jesus  Christ,  that  trustees,  or  a  Committee 


OF   THE   CHURCH.  123 

chosen  by  the  congregation,  should  have  the  disposal  and  application  of 
the  public  money  raised  by  said  congregation,  to  the  uses  for  which  it 
was  designed;  provided  that  they  leave  in  the  hands  and  to  the  manage- 
ment of  the  deacons  what  is  collected  for  the  Lord's  table  and  the  poor. 
And  that  ministers  of  the  Gospel,  by  virtue  of  their  office,  have  no 
right  to  sit  with  or  preside  over  such  trustees  or  Committees. — 1752,  p. 
249. 
[Note. — See  Form  of  Government,  Chap,  vi.] 

5.  Control  of  trustees  over  a  house  of  worship. 

Supposing  tha,t  a  musical  convention  desire  the  use  of  the  church  for 
its  sessions  and  exhibition;  can  the  Board  of  Trustees  give  the  use  of 
the  house  of  worship  for  that  purpose  without  the  consent  of  the  Session  ? 

Resolved,  That  the  trustees  of  a  church  hold  the  property  for  religious 
purposes;  and  their  legal  rights  are  only  to  be  determined  by  the  State 
laws  and  charters  under  which  they  act  as  custodians  of  the  church. 
Still,  they  have  no  moral  right  to  convert  the  house  of  God  into  a  place 
of  business  or  amusement. — 1860,  pp.  53,  54,  O.  S. 

6.  Respective  rights  of  trustees  and  Session  in  controlling  the  use  of 
church  property. 

a.  Overture,  being  a  request  from  the  Presbytery  of  Cincinnati,  that 
tlie  Assembly  define  the  respective  rights  of  the  trustees  and  Session  in 
the  control  of  the  edifice  used  for  public  worship,  and  direct  what  steps 
be  taken  in  case  of  disagreement  or  collision  between  them,  with  a  report 
thereon  as  follows: 

Where  a  church  edifice  is  held  by  trustees,  the  legal  title  is  vested  in 
them ;  and  having  the  title,  the  custody  and  care  of  the  property  pertains 
to  them,  for  the  uses  and  purposes  for  which  they  hold  the  trust.  These 
uses  and  purposes  are  the  worship  of  God,  and  the  employment  of  such 
other  means  of  spiritual  improvement  as  may  be  consistent  with  the 
Scriptures,  and  according  to  the  order  of  the  Church:  to  which  may  be 
added,  congregational  meetings  for  business  relating  to  the  church  or 
corporation.  By  the  Constitution  of  the  Church,  the  Session  is  charged 
with  the  supervision  of  the  spiritual  interests  of  the  congregation ;  and 
this  includes  the  right  to  direct  and  control  the  use  of  the  building  for 
the  purposes  of  worship,  as  required  or  established  by  the  special  usage 
of  the  particular  church,  or  the  Directory  for  Worship.  This  being  the 
principal  purpose  of  the  trust,  the  trustees  are  bound  to  respect  the 
wishes  and  action  of  the  Session  as  to  the  use  and  occupation  of  the 
house  of  worship.  The  Session  is  the  organ  or  agent  through  whom  the 
trustees  are  informed  how  and  when  the  church  building  is  to  be  occu- 
pied; and  the  trustees  have  no  right  to  refuse  compliance  with  the 
action  of  the  Session  in  this  regard.  These  are  general  principles  appli- 
cable to  all  cases,  except,  perhaps,  in  some  localities  where  special  statu- 
tory enactments  by  competent  authority  may  confer  other  rights,  or 
prescribe  other  duties. 

But  there  are  other  purposes  for  which  the  use  of  the  church  edifice  is 
sometimes  desired,  Avhich,  though  they  partake  of  a  religious  or  intel- 
lectual character,  do  not  fall  within  the  class  of  objects  which  are  prop- 
erly described  as  belonging  to  the  worship  of  that  congregation.  The 
house  may  not  be  used  for  such  purposes  without  the  consent  of  the 
trustees;  and  this  consent  they  may  properly,  in  their  discretion,  refuse. 


124  FORM    OF   GOVERNMENT,    CHAP   II. 

As  the  function  to  determine  what  is  a  proper  use  of  the  house  is  vested 
in  the  Session,  the  trustees  have  no  legal  right  to  grant  the  use  of  it 
for  purposes  which  the  Session  disapprove.  And  as  the  strict  rights  of 
those  who  are  represented  by  the  Session  to  the  use  of  the  house  are 
limited  to  the  worship  of  that  congregation,  the  trustees  are  under  no 
obligation  to  grant  it  for  any  other  purpose. 

When  the  trustees  grant  the  use  of  the  house  to  others,  contrary  to 
the  expressed  wishes  of  the  Session,  and,  as  they  suppose,  to  the  preju- 
dice of  the  cause  of  religion  and  of  that  church,  the  proper  appeal  is, 
first,  to  the  persons  composing  the  congregation  to  whom  the  trustees 
are  responsible;  secondly,  to  the  Presbytery,  for  their  advice;  and 
finally,  if  necessary,  to  the  legal  tribunals. 

The  report  was  accepted  and  adopted. — 1863,  pp.  43,  44,  O.  S.  See 
1874,  p.  84. 

b.  The  commissioners  from  the  Presbytery  of  Wilmington  have  been 
instructed  to  ask  information  of  the  Assembly  on  the  following  points: 

1.  Who  are  voters  in  an  election  for  trustees  of  a  church  ? 

2.  Who  have  power  to  call  a  meeting  for  the  election  of  trustees  of 
a  church  ? 

3.  Who  have  poAver  to  close  and  hold  possession  of  a  church — the 
trustees  or  the  Session  ? 

The  Committee  reported: 

1.  That  the  questions  asked  are  wholly  legal  questions,  to  be  deter- 
mined by  the  local  laws,  relating  to  church  property,  in  the  State  where 
the  church  lies. 

2.  That,  in  the  absence  of  any  statutory  law  relating  to  the  mode  in 
which  trustees  shall  proceed,  the  by-laws  of  the  corporation  shall  govern 
the  mode  of  proceeding. 

3.  That  in  the  absence  of  any  specific  rules  of  proceedings,  the  gen- 
eral principle  of  law,  that  the  trust  shall  be  executed  for  the  sole  use  of 
those  for  whom  it  is  held,  shall  govern  the  case. 

The  report  was  adopted. — 1864,   p.  478,  N.  S. 

C.  On  the  respective  rights  of  Sessions  and  boards  of  trustees  in 
regard  to  church  and  Sabbath-school  property,  the  Committee  recommend 
the  adoption  of  the  following,  viz. : 

1.  That  the  Constitution  of  our  Church  charges  the  Session  with  the 
supervision  of  the  spiritual  interests  of  the  congregation,  and  all  services 
and  matters  pertaining  thereto;  and  that  any  action,  by  the  board  of 
trustees,  unauthorized  by  the  congregation,  tending  to  annul  or  contra- 
vene in  any  way  such  supervision  and  control,  is  illegal  and  void. 

2,  That,  as  regards  the  church  building,  Sabbath-school,  and  lecture- 
room,  the  trustees  have  no  right  to  grant  or  withhold  the  use  of  either, 
against  the  wishes  or  consent  of  the  Session. — 1874,  p.  84. 

[Note. — Confirmed  in  answer  to  the  Presbytery  of  Bloomington,  1891,  p.  187.  See 
under  Form  of  Government,  Chap,  ix.  Sec.  vi.] 

7.  Trustees  and  congreg-ational  meetings. 

Overture  from  the  Presbytery  of  Chester,  asking: 

(1)  Should  not  all  special  congregational  meetings  (i.  e.,  such  meet- 
ings as  are  not  required  by  charter  for  the  election  of  trustees,  etc. )  be 
called  by  order  of  the  Session,  or,  if  by  trustees,  at  least  subject  to  the 
approval  of  the  Session  ? 


OF   THE    CHURCH.  125 

(2)  Is  a  church  charter  which  precludes  the  Session  from  calling  such 
meetings  consistent  with  our  Constitution  ? 

Your  Committee  would  recommend  as  an  answer  to  this  Overture, 
that  the  decision  of  the  Supreme  Court,  quoted  in  the  Minnies  of  the 
General  Assembly,  O.  S.,  1863,  p.  43;  1872,  pp.  177-190,  Appendix, 
has  settled  the  question  that  in  the  use  of  the  property  of  the  church  for 
all  religious  purposes  or  ecclesiastical  uses,  the  trustees  are  under  the 
control  of  the  Session.  The  General  Assembly  has  also  declared  that 
in  any  case  of  conflict  between  the  Session  and  trustees  the  first  appeal 
is  to  be  taken  to  the  people  composing  the  congregation,  and,  if  neces- 
sary, then  to  the  civil  tribunals.  But  your  Committee  recommend  that 
no  answer  further  is  possible  to  this  Overture  without  inspection  of  the 
articles  of  incorporation  of  the  particular  church,  and  some  knowledge 
of  the  laws  of  the  State  under  which  such  charter  is  granted. — 1892, 
p.  189. 

8.  In  the  use  of  the  property  for  all  religious  services  or  ecclesiastical 
purposes,  the  trustees  are  under  the  control  of  the  Session. 

[The  following  extract  from  the  decision  of  the  Supreme  Court  of  the 
United  States,  in  the  Walnut  Street  Church  case,  Louisville,  Ky.,  is 
inserted  by  order  of  the  General  Assembly,  and  answers  clearly  and 
authoritatively  many  of  the  questions  asked  above.  See  the  whole 
decision.  No.   9  below.] 

"  One  or  two  propositions,  which  seem  to  admit  of  no  controversy, 
are  proper  to  be  noticed  in  this  connection.  1.  Both  by  the  act  of  the 
Kentucky  Legislature,  creating  the  trustees  of  the  church  a  body 
corporate,  and  by  the  acknowledged  rules  of  the  Presbyterian  Church, 
the  trustees  were  the  mere  nominal  title-holders  and  custodians  of  the 
church  property ;  and  other  trustees  were  or  could  be  elected  by  the  con- 
gregation, to  supply  their  places,  once  in  every  two  years.  2.  That  in 
the  use  of  the  property  for  all  religious  services  or  ecclesiastical  purposes, 
the  trustees  Avere  under  the  control  of  the  church  Session.  3.  That  by 
the  constitution  of  all  Presbyterian  churches,  the  Session,  which  is  the 
governing  body  in  each,  is  composed  of  the  ruling  elders  and  pastor; 
and  in  all  business  of  the  Session  a  majority  of  its  members  govern,  the 
number  of  elders  for  each  congregation  being  variable. 

' '  The  trustees  obviously  hold  possession  for  the  use  of  the  persons  who, 
by  the  constitution,  usages  and  laws  of  the  Presbyterian  body,  are 
entitled  to  that  use.  They  are  liable  to  removal  by  the  congregation  for 
whom  they  hold  this  trust;  and  others  may  be  substituted  in  their 
places.  They  have  no  personal  ownership  or  right  beyond  this,  and  are 
subject,  in  their  official  relations  to  the  property,  to  the  control  of  the 
Session  of  the  church. 

"  The  possession  of  the  elders,  though  accompanied  with  larger  and 
more  efficient  powers  of  control,  is  still  a  fiduciary  possession.  It  is  as  a 
Session  of  the  church  alone  that  they  could  exercise  power.  Except  by 
an  order  of  the  Session  in  regular  meeting,  they  have  no  right  to  make 
any  order  concerning  the  use  of  the  building;  and  any  action  of  the 
Session  is  necessarily  in  the  character  of  representatives  of  the  church 
body  by  whose  members  it  was  elected. 

"  If,  then,  this  true  body  of  the  church — the  members  of  that  con- 
gregation— having  rights  of  user  in  the  building,  have  in  a  mode  which 
is  authorized  by  tlie  canons  of  the  general  Church  in  this  country  elected 


126  FORM  OF  GOVERNMENT,  CHAP.  II. 

and  installed  other  elders,  it  does  not  seem  to  us  inconsistent  or  at  vari- 
ance with  the  nature  of  the  possession  which  we  have  described,  and 
which  the  Chancery  Court  orders  to  be  restored  to  the  defendants,  that 
they  should  be  compelled  to  recognize  these  rights,  and  permit  those  who 
are  the  real  beneficiaries  of  the  trust  held  by  them  to  enjoy  the  uses  to 
protect  which  that  trust  was  created." — U.  S.  Supreme  Court,  Watson 
vs.  Jones,  13  Wallace,  679. 

9.  Decision  of  the  United  States  Supreme  Court  in  the  Case  of  the 
Walnut  Street  Presbyterian  Church,  Louisville,  Ky. 

[Note. — Printed  by  order  of  the  Assembly,  Minutes,  1873,  p.  480.1 

John  Watson  et  al.  vs.  William  A.  Jones  et  al. 

[1.  Where  the  pendency  of  prior  suit  is  set  up  to  defeat  another,  the 
case  must  be  the  same;  there  must  be  the  same  parties,  or  at  least  such 
as  represent  the  same  interest;  there  must  be  the  same  rights  asserted 
and  the  same  relief  prayed  for. 

2.  Where  the  subject-matter  of  dispute  is  strictly  and  purely  ecclesi- 
astical in  its  character,  a  matter  which  concerns  theological  controversy, 
church  discipline,  ecclesiastical  government,  or  the  conformity  of  the 
members  of  the  church  to  the  standard  of  morals  required  of  them,  and 
the  ecclesiastical  courts  claim  jurisdiction,  the  civil  courts  will  not 
assume  jurisdiction;  they  will  not  even  inquire  into  the  right  of  juris- 
diction of  the  ecclesiastical  court. 

3.  A  spiritual  court  is  the  exclusive  judge  of  its  own  jurisdiction ;  its 
decision  of  that  question  is  binding  on  the  secular  courts.] 

Appeal  from  the  Circuit  Court  of  the  United  States  for  District  of 
Kentucky. 

Opinion  by  Miller,  J. 

This  case  belongs  to  a  class,  happily  rare  in  our  courts,  in  which  one  of 
the  parties  to  a  controversy,  essentially  ecclesiastical,  resorts  to  the 
judicial  tribunals  of  the  State  for  the  maintenance  of  the  rights  which 
the  Church  has  refused  to  acknowledge,  or  found  itself  unable  to  pro- 
tect. Much  as  such  dissensions  among  the  members  of  a  religious  society 
should  be  regretted — a  regret  which  is  increased  when,  passing  from  the 
control  of  the  judicial  and  legislative  bodies  of  the  entire  organization 
to  which  the  society  belongs,  an  appeal  is  made  to  the  secular  authority 
— the  courts  when  so  called  on  must  perform  their  functions  as  in  other 
cases. 

Religious  organizations  come  before  us  in  the  same  attitude  as  other 
voluntary  associations  for  benevolent  or  charitable  purposes,  and  their 
rights  of  property,  or  of  contract,  are  equally  under  the  protection  of 
the  law,  and  the  actions  of  their  members  subject  to  its  restraints.  Con- 
scious as  we  may  be  of  the  excited  feeling  engendered  by  this  contro- 
versy, and  of  the  extent  to  which  it  has  agitated  the  intelligent  and 
pious  body  of  Christians  in  whose  bosom  it  originated,  we  enter  upon  its 
consideration  with  the  satisfaction  of  knowing  that  the  principles  on 
which  we  are  to  decide  so  much  of  it  as  is  proper  for  our  decision  are 
those  applicable  alike  to  all  of  its  class,  and  that  our  duty  is  the  simple 
one  of  ajjplying  those  principles  to  the  facts  before  us. 

It  is  a  bill  in  chancery  in  the  Circuit  Court  of  the  United  States  for 
the  District  of  Kentucky,  brought  by  William  A.  Jones,  Mary  J.  Jones 
and  EUenor  Lee,  citizens  of  Indiana,  against  John  Watson  and  others 


J 


OF   THE   CHURCH.  127 

named,  citizens  of  Kentucky,  and  against  the  trustees  of  the  Third  or 
Wahiut  Street  Presbyterian  Church,  in  Louisville,  a  corporation  created 
by  an  act  of  the  Legislature  of  that  State.  The  trustees,  McDougall, 
McPhersou  and  Ashcraft,  are  also  sued  as  citizens  of  Kentucky.  Plain- 
tiffs allege  in  their  bill  that  they  are  members  in  good  and  regular 
standing  of  said  church,  attending  its  religious  exercises  under  the 
pastorship  of  the  Rev.  John  S.  Hays,  and  that  the  defendants,  George 
Fulton  and  Henry  Farley,  who  claim  without  right  to  be  trustees  of  the 
church,  supported  and  recognized  as  such  by  the  defendants,  John 
Watson  and  Joseph  Gault,  who  also  without  right  claim  to  be  ruling 
elders,  are  threatening,  preparing  and  about  to  take  unlawful  possession 
of  the  house  of  worship  and  grounds  belonging  to  the  church,  and  to 
prevent  Hays,  who  is  the  rightful  pastor,  from  ministering  therein, 
refusing  to  recognize  him  as  pastor,  and  to  recognize  as  ruling  elder 
Thomas  J.  Hackney,  who  is  the  sole  lawful  ruling  elder;  and  that,  when 
they  obtain  such  possession,  they  will  oust  Hays  and  Hackney  and  those 
who  attend  their  ministrations,  among  whom  are  complainants. 

And  they  further  allege  that  Hackney,  whose  duty  it  is  as  elder,  and 
McDougall,  McPherson  and  Ashcraft,  whose  duty  as  trustees  it  is  to 
protect  the  rights  thus  threatened,  by  such  proceeding  in  the  courts  as 
will  prevent  the  execution  of  the  threats  and  designs  of  the  other  defen- 
dants, refuse  to  take  any  steps  to  that  end. 

They  further  allege  that  the  Walnut  Street  Church,  of  which  they 
are  members,  now  forms,  and  has,  ever  since  its  organization  in  the  year 
1842,  formed,  a  part  of  the  Presbyterian  Church  in  the  United  States 
of  America,  known  as  the  Old  School,  which  is  governed  by  a  written 
constitution  that  includes  the  Confession  of  Faith,  Form  of  Government, 
Book  of  Discipline  and  Directory  for  Worship,  and  that  the'  governing 
bodies  of  the  general  Church,  above  the  Walnut  Street  Church,  are,  in 
successive  order,  the  Presbytery  of  Louisville,  the  Synod  of  Kentucky 
and  the  General  Assembly  of  the  Presbyterian  Church  in  the  United 
States.  That  while  plaintiffs  and  about  one  hundred  and  fifteen  members 
who  worship  with  them,  and  Mr.  Hays,  the  pastor,  Hackney,  the  ruling 
elder,  and  the  trustees,  McDougall,  McPherson  and  Ashcraft,  are  now 
in  full  membership  and  relation  with  the  lawful  general  Presbyterian 
Church  aforesaid,  the  defendants  named,  with  about  thirty  persons 
formerly  members  of  said  church,  worshiping  under  one  Dr.  Yandell  as 
pastor,  have  seceded  and  withdrawn  themselves  from  said  Walnut  Street 
Church,  and  from  the  general  Presbyterian  Church  in  the  United  States, 
and  have  voluntarily  connected  themselves  with,  and  are  now  members 
of,  another  religious  society,  and  that  they  have  repudiated,  and  do  now 
repudiate  and  renounce,  the  authority  and  jurisdiction  of  the  various 
judicatories  of  the  Presbyterian  Church  in  the  United  States,  and 
acknowledge  and  recognize  the  authority  of  other  church  judicatories 
which  are  disconnected  from  the  Presbyterian  Church  in  the  United 
States  and  from  the  Walnut  Street  Church.  And  they  allege  that 
Watson  and  Gault  have  been,  by  order  of  the  General  Assembly  of  said 
church,  dropped  from  the  roll  of  elders  of  said  church  for  having  so 
withdrawn  and  renounced  its  jurisdiction,  and  the  Assembly  has  declared 
the  organization  to  which  plaintiffs  adhere  to  be  the  true  and  only 
Walnut  Street  Presbyterian  Church  of  Louisville. 

They  pray  for  an  injunction  and  for  general  relief. 

The   defendants,    Hackney,    McDougall,    McPherson  and  Ashcraft, 


128  FOKM    OF    GOVERNMENT,    CilAP.     II. 

answer,  adraittiug  the  allegations  of  the  bill,  and  that,  though  requested, 
they  had  refused  to  prosecute  legal  proceedings  in  the  matter. 

The  other  defendants  answer  and  deny  almost  every  allegation  in  the 
bill.  They  claim  to  be  lawful  officers  of  the  Walnut  Street  Presbyterian 
Church,  and  that  they  and  those  whom  they  represent  are  the  true  mem- 
bers of  the  church.  They  deny  having  withdrawn  from  the  local  or  the 
general  church,  and  deny  that  the  action  of  the  General  Assembly 
cutting  them  off  was  within  its  constitutional  authority.  They  say  the 
plaintiffs  are  not,  and  never  have  been,  lawfully  admitted  to  membership 
in  the  Walnut  Street  Church,  and  have  no  such  interest  in  it  as  will 
sustain  this  suit,  and  they  set  up  and  rely  upon  a  suit  still  pending  in  the 
Chancery  Court  of  Louisville,  which  they  say  involves  the  same  subject- 
matter,  and  is  between  the  same  parties  in  interest  as  the  present  suit. 
They  allege  that  in  that  suit  they  have  been  decreed  to  be  the  only  true 
aud  lawful  trustees  and  elders  of  the  Walnut  Street  Church,  and  an 
order  has  been  made  to  place  them  in  possession  of  the  church  property, 
which  order  remains  unexecuted,  and  the  property  is  still  in  the  posses- 
sion of  the  marshal  of  that  court  as  its  receiver.  These  facts  are  relied 
on  in  bar  to  the  present  suit. 

This  statement  of  the  pleadings  is  indispensable  to  an  understanding  of 
the  points  arising  in  the  case.  So  far  as  an  examination  of  the  evidence 
may  be  necessary,  it  will  be  made  as  it  is  required  in  the  consideration 
of  these  points. 

The  first  of  these  concerns  the  jurisdiction  of  the  Circuit  Court,  which 
is  denied;  first,  on  the  ground  that  the  plaintiffs  have  no  such  interest  in 
the  subject  of  litigation  as  will  enable  them  to  maintain  the  suit,  and, 
secondly,  on  matters  arising  out  of  the  alleged  proceedings  in  the  suit  in 
the  Chancery  Court  of  Louisville. 

The  allegation  that  plaintiff?  are  not  lawful  members  of  the  Walnut 
Street  Church  is  based  upon  the  assumption  that  their  admission 
as  members  was  by  a  pastor  and  elders  who  had  no  lawful  authority 
to  act  as  such.  As  the  claim  of  those  elders  to  be  such  is  one 
of  the  matters  which  this  bill  is  brought  to  establish,  and  the  denial  of 
which  makes  an  issue  to  be  tried,  it  is  obvious  that  the  objection  to  the 
interest  of  plaintiffs  must  stand  or  fall  with  the  decision  on  the  merits, 
and  cannot  be  decided  as  a  preliminary  question.  Their  right  to  have 
this  question  decided,  if  there  is  no  other  objection  to  the  jurisdiction, 
cannot  be  doubted.  Some  attempt  is  made,  in  the  answer,  to  question 
the  good  faith  of  their  citizenshii?,  but  this  seems  to  have  been  aban- 
doned in  the  argument. 

In  regard  to  the  suit  in  the  Chancery  Court  of  Louisville  which  the 
defendants  allege  to  be  pending,  there  can  be  no  doubt  but  that  court  is 
one  competent  to  entertain  jurisdiction  of  all  the  matters  set  up  in  the 
present  suit.  As  to  those  matters,  and  to  the  pai-ties,  it  is  a  court  of  con- 
current jurisdiction  with  the  Circuit  Court  of  the  United  States,  and  as 
between  those  courts  the  rule  is  applicable  that  the  one  which  has  first 
obtained  jurisdiction  in  a  given  case  must  retain  it  exclusively  until  it 
disposes  of  it  by  a  final  judgment  or  decree. 

But  when  the  pendency  of  such  a  suit  is  set  up  to  defeat  another,  the 
case  must  be  the  same.  There  must  be  the  same  parties,  or  at  least  such 
as  represent  the  same  interest,  there  must  be  the  same  rights  asserted  and 
the  same  relief  prayed  for.  This  relief  must  be  founded  on  the  same 
facts,  and  the  title  or  essential  basis  of  the  relief  sought  must  be  the  same. 


OF    THE    CHURCH.  129 

The  identity  in  these  particulars  should  be  such  that,  if  the  pending 
case  had  ah'eady  been  disposed  of,  it  could  be  pleaded  in  bar  as  a  former 
adjudication  of  the  same  matter  between  the  same  parties. 

In  the  case  of  Barrow  vs.  Kindred,  4  Wallace,  397,  which  was  an 
action  of  ejectment,  the  plaintiff  showed  a  good  title  to  the  land,  and 
defendant  relied  on  a  former  judgment  in  his  favor,  between  the  same 
parties  for  the  same  land,  the  statute  of  Illinois  making  a  judgment  in 
such  an  action  as  conclusive  as  in  other  personal  actions,  except  by  way 
of  new  trial.  But  this  court  held  that,  as  in  the  second  suit,  plaintilt' 
introduced  and  relied  upon  a  new  and  different  title,  acquired  since  the 
first  trial,  that  judgment  could  be  no  bar,  because  that  title  had  not  been 
passed  upon  by  the  court  in  the  first  suit. 

But  the  principles  which  should  govern  in  regard  to  the  identity  of 
the  matters  in  issue  in  the  two  suits,  to  make  the  pendency  of  the  one  to 
defeat  the  other,  are  as  fully  discussed  in  the  case  of  Buck  vs.  Colbath, 
3  Wallace,  334,  where  that  was  the  main  question,  as  in  any  case  we 
have  been  able  to  find.  It  was  an  action  of  trespass,  brought  in  a 
State  court,  against  the  marshal  of  the  Circuit  Court  of  the  United 
States  for  seizing  property  of  plaintiff,  under  a  writ  of  attachment  from 
the  Circuit  Court.  And  it  was  brought  while  the  suit  in  the  Federal 
Court  was  still  pending,  and  while  the  marshal  held  the  property  subject 
to  its  judgment.  So  far  as  the  lis  pendens  and  possession  of  the  prop- 
erty in  one  court,  and  a  suit  brought  for  the  taking  by  its  officer  in 
another,  the  analogy  to  the  present  case  is  very  strong.  In  that  case  the 
court  said:  "  It  is  not  true  that  a  court,  having  obtained  jurisdiction  of 
a  subject-matter  of  suit,  and  of  parties  before  it,  thereby  excludes  all 
other  courts  from  the  right  to  adjudicate  upon  other  matters  having  a 
very  close  connection  with  those  before  the  first  court,  and  in  some 
instances  requiring  the  decision  of  the  same  question  exactly.  In  exam- 
ining into  the  exclusive  character  of  the  jurisdiction  in  such  cases,  we 
must  have  regard  to  the  nature  of  the  remedies,  the  character  of  the 
relief  sought,  and  the  identity  of  the  parties  in  the  different  suits." 
And  it  might  have  been  added,  to  the  facts  on  which  the  claim  for  relief 
is  founded. 

"A  party,"  says  the  court,  by  way  of  example,  "  having  notes 
secured  by  a  mortgage  on  real  estate,  niay,  unless  restrained  by  statute, 
sue  in  a  court  of  chancery  to  foreclose  his  mortgage,  and  in  a  court  of 
law  to  recover  a  judgment  on  his  note,  and  in  another  court  of  law  in  an 
action  of  ejectment  for  possession  of  the  land.  Here,  in  all  the  suits, 
the  only  question  at  issue  may  be  the  existence  of  the  debt  secured  by 
the  mortgage.  But  as  the  relief  sought  is  different,  and  the  mode  of 
proceeding  different,  the  jurisdiction  of  neither  court  is  affected  by  the 
proceedings  in  the  other. ' '  This  opinion  contains  a  critical  review  of 
the  cases  in  this  court  of  Hagan  ?)s.  Lucas,  10  Peters,  402;  Peck  vs. 
Jenness,  7  How.,  624;  Taylor  vs.  Carry,  20  How.,  594;  and  Freeman 
vs.  Howe,  24  How.,  450,  cited  and  relied  on  by  counsel  for  appellants; 
and  we  are  satisfied  it  states  the  doctrine  correctly. 

The  limits  which  necessity  assigns  to  this  opinion  forbid  our  giving  at 
length  the  pleadings  in  the  case  in  the  Louisville  Chancery  Court.  But 
we  cannot  better  state  what  is  and  what  is  not  the  subject-matter  of  that 
suit  or  controversy,  as  thus  presented  and  as  shown  throughout  its  course, 
than  by  adojjting  the  language  of  the  Court  of  Appeals  of  Kentucky,  in 
its  opinion  delivered  at  the  decision  of  that  suit  in  favor  of  the  present 


130  FORM  OF  GOVERNMENT,  CHAP.  11. 

appellants.  "  As  suggested  in  argument, "  says  the  court,  "  and  appar- 
ently conceded  on  both  sides,  this  is  not  a  case  of  division  or  schism  in  a 
church,  nor  is  there  any  question  as  to  which  of  two  bodies  should  be 
recognized  as  the  Thir(l  or  Walnut  Street  Presbyterian  Church.  Neither 
is  there  any  controversy  as  to  the  authority  of  Watson  and  Gault  to  act 
as  ruling  elders,  but  the  sole  inquiry  to  which  we  are  restricted  in  our 
opinion  is  whether  Avery,  McNaughton  and  Leech  are  also  ruling  elders, 
and  therefore  members  of  the  Session  of  the  church. ' ' 

The  summary  which  we  have  already  given  of  the  pleadings  in  the 
present  suit  shows  conclusively  a  different  state  of  facts,  different  issues 
and  a  different  relief  sought.  This  is  a  case  of  division  or  schism  in  the 
church.  It  is  a  question  as  to  which  of  two  bodies  shall  be  recognized 
as  the  Third  or  Walnut  Street  Pi-esbyterian  Church.  There  is  a  con- 
troversy as  to  the  authority  of  Watson  and  Gault  to  act  as  ruling  elders, 
that  authority  being  denied  in  the  bill  of  complainants,  and  so  far  from 
the  claim  of  Avery,  McNaughton  and  Leech  to  be  ruling  elders  being 
the  sole  inquiry  in  this  case,  it  is  a  very  subordinate  matter,  and  it 
depends  upon  facts  and  circumstances  altogether  different  from  those  set 
up  and  relied  on  in  the  other  suit,  and  which  did  not  exist  when  it  was 
brought.  The  issue  here  is  no  longer  a  mere  question  of  eldership,  but 
it  is  a  separation  of  the  original  church  members  and  officers  into  two 
distinct  bodies,  with  distinct  members  and  officers,  each  claiming  to  be 
the  true  Walnut  Street  Presbyterian  Church,  and  denying  the  right  of 
the  other  to  any  such  claim. 

This  brief  statement  of  the  issues  in  the  two  suits  leaves  no  room  for 
argument  to  show  that  the  pendency  of  the  first  cannot  be  pleaded  either 
in  bar  or  in  abatement  of  the  second. 

The  supplementary  petition  filed  by  plaintiffs  in  that  case,  after  the 
decree  of  the  Chancery  Court  had  been  reversed  on  appeal,  and  which 
did  contain  very  much  the  same  matter  found  in  the  present  bill,  was, 
on  motion  of  plaintiff's  counsel,  and  by  order  of  the  court,  dismissed, 
without  prejudice,  befoi'e  this  suit  was  brought,  and  of  course  was  not  a 
lis  pendens  at  that  time. 

It  is  contended,  however,  that  the  delivery,  to  the  trustees  and  elders 
of  the  body  of  which  plaintiffs  are  members,  of  the  possession  of  the 
church  building,  cannot  be  granted  in  this  suit,  nor  can  the  defendants 
be  enjoined  from  taking  possession  as  prayed  in  the  bill,  because  the 
property  is  in  the  actual  possession  of  the  marshal  of  the  Louisville 
Chancery  Court  as  its  receiver,  and  because  there  is  an  unexecuted 
decree  of  that  court  ordering  the  marshal  to  deliver  the  possession  to 
defendants. 

In  this  the  counsel  for  appellants  are,  in  our  opinion,  sustained,  both 
by  the  law  and  the  state  of  the  record  of  the  suit  in  that  court. 

The  court,  in  the  progress  of  that  suit,  made  several  orders  concerning 
the  use  of  the  church,  and  finally  placed  it  in  the  possession  of  the 
marshal  as  a  receiver,  and  there  is  no  order  discharging  his  receivership; 
nor  does  it  seem  to  us  that  there  is  any  valid  order  finally  disposing  of 
the  case  so  that  it  can  be  said  to  be  no  longer  in  that  court.  For  though 
the  Chancery  Court  did,  on  the  20th  of  March,  1867,  after  the  reversal 
of  the  case  in  the  Court  of  Appeals,  enter  an  order  reversing  its  former 
decree  and  dismissing  the  bill,  with  costs,  in  favor  of  the  defendants,  the 
latter,  on  application  to  the  appellate  court,  obtained  another  order  dated 
June  26.     By  this  order  or  mandate   to  the  Chancery  Court  it  was 


OF    THE   CHURCH.  131 

directed  to  render  a  judgment  in  conformity  to  the  opinion  and  mandate 
of  the  court,  restoring  possession,  use  and  control  of  the  church  property 
to  the  parties  entitled  thereto  according  to  said  opinion,  and  so  far  as 
they  were  deprived  thereof  by  the  marshal  of  the  Chancery  Court  under 
its  order. 

In  obedience  to  this  mandate,  the  Chancery  Court,  on  the  18th  of 
September,  three  months  after  the  commencement  of  this  suit,  made  an 
order  that  the  marshal  restore  the  possession,  use  and  control  of  the 
church  building  to  Henry  Farley,  George  Fulton,  B.  F.  Avery,  or  a 
majority  of  them,  as  trustees,  and  to  John  AVatson,  Joseph  Gault  and 
Thomas  J,  Hackney,  or  a  majority  of  them,  as  ruling  elders,  and  to 
report  how  he  had  executed  the  order,  and  reserving  the  case  for  such 
further  order  as  might  be  necessary  to  enforce  full  obedience. 

It  is  argued  here  by  counsel  for  appellees  that  the  case  was,  in  effect, 
disposed  of  by  the  order  of  the  Chancery  Court,  and  nothing  remained  to 
be  done  which  could  have  any  practical  operation  on  the  rights  of  the 
parties. 

But  if  the  Court  of  Appeals,  in  reversing  the  decree  of  the  chancellor 
in  favor  of  plaintiffs,  was  of  opinion  that  the  defendants  should  be 
restored  to  the  position  they  occupied  in  regard  to  the  possession  and 
control  of  the  property  before  that  suit  began,  we  have  no  doubt  of  their 
right  to  make  such  order  as  was  necessary  to  effect  that  object;  and  as 
the  proper  mode  of  doing  this  was  by  directing  the  chancellor  to  make 
the  necessary  order  and  have  it  enforced  as  chancery  decrees  are  enforced 
in  his  court,  we  are  of  opinion  that  the  order  of  the  Court  of  Appeals 
above  recited  was,  in  essence  and  effect,  a  decree  in  that  cause  for  such 
restoration,  and  that  the  last  order  of  the  Chancery  Court,  made  in 
accordance  with  it,  is  a  valid  subsisting  decree,  which,  though  final,  is 
unexecuted. 

The  decisions  of  this  court  in  the  cases  of  Taylor  vs.  Carryl,  20  How., 
594,  and  Freeman  vs.  Howe,  24  How.,  450,  and  Bui'k  vs.  Colbath,  5 
Wallace,  are  conclusive  that  the  marshal  of  the  Chancery  Court  cannot 
be  displaced  as  to  the  mere  actual  possession  of  the  property,  because 
that  might  lead  to  a  personal  conflict  between  the  officers  of  the  two 
courts  for  that  possession.  And  the  act  of  Congress  of  March  2,  1793, 
1  U.  S.  Statute,  334,  §  5,  as  construed  in  the  cases  of  Diggs  vs.  Walcott, 
4  Cranch,  129,  and  Peck  vs.  Jenness,  7  How.,  625,  are  equally  conclu- 
sive against  any  injunction  from  the  circuit  court  forbidding  the  defen- 
dants to  take  the  possession  which  the  unexecuted  decree  of  the  Chancery 
Court  requires  the  marshal  to  deliver  to  them. 

But  though  the  prayer  of  the  bill  in  this  suit  does  ask  for  an  injunc- 
tion to  restrain  Watson,  Gault,  Fulton  and  Farley  from  taking  possession, 
it  also  prays  such  other  and  further  relief  as  the  nature  of  the  case 
requires,  and  especially  that  said  defendants  be  restrained  from  inter- 
fering with  Hays,  as  pastor,  and  plaintiffs  in  worshiping  in  said  church. 
Under  this  prayer  for  general  relief,  if  there  was  any  decree  which  the 
Circuit  Court  could  render  for  the  protection  of  the  right  of  plaintiffs, 
and  which  did  not  enjoin  the  defendants  from  taking  possession  of  the 
church  property,  and  which  did  not  disturb  the  possession  of  the  marshal 
of  the  Louisville  Chancery,  that  court  had  a  right  to  hear  the  case  and 
grant  that  relief.  This  leads  us  to  inquire  what  is  the  nature  and  char- 
acter of  the  possession  to  which  those  parties  are  to  be  restored. 

One  or  two  propositions,  which  seem  to  admit  of  no  controversy,  are 


132  FORM  OF  GOVERNMENT,  CHAP.  II. 

proper  to  be  noticed  in  this  connection.  1 .  Both  by  the  act  of  the 
Kentucky  Legislature  creating  tlie  trustees  of  the  church  a  body  corpo- 
rate, and  by  the  acknowledged  rules  of  the  Presbyterian  Church,  the 
trustees  were  the  mere  nominal  title-holders  and  custodians  of  the  church 
property,  and  other  trustees  were  or  could  be  elected  by  the  congregation 
to  supply  their  places  once  in  every  two  years.  2.  That  in  the  use  of 
the  property  for  all  religious  ser\'ices  or  ecclesiastical  purposes,  the 
trustees  were  under  the  control  of  the  church  Session.  8.  That  by  the 
constitution  of  all  Presbyterian  churches,  the  Session,  which  is  the 
governing  body  in  each,  is  composed  of  the  ruling  elders  and  pastor,  and 
in  all  business  of  the  Session  a  majority  of  its  members  govern,  the 
number  of  elders  for  each  congregation  being  variable. 

The  trustees  obviously  hold  possession  for  the  use  of  the  persons  who, 
by  the  constitution,  usages  and  laws  of  the  Presbyterian  body,  are 
entitled  to  that  use.  They  are  liable  to  removal  by  the  congregation  for 
whom  they  hold  this  trust,  and  others  may  be  substituted  in  their  places. 
They  have  no  personal  ownership  or  right  beyond  this,  and  are  subject, 
in  their  official  relations  to  the  property,  to  the  control  of  the  Session  of 
the  church. 

The  possession  of  the  elders,  though  accompanied  with  larger  and 
more  efficient  powers  of  control,  is  still  a  fiduciary  possession.  It  is  as  a 
Session  of  the  church  alone  that  they  could  exercise  power.  Except  by 
an  order  of  the  Session  in  regular  meeting,  they  have  no  right  to  make 
any  order  concerning  the  use  of  the  building,  and  any  action  of  the 
Session  is  necessarily  in  the  character  of  representatives  of  the  church 
body  by  whose  members  it  was  elected. 

If,  then,  this  true  body  of  the  church — the  members  of  that  congre- 
gation— having  rights  of  user  in  the  building,  have,  in  a  mode  which  is 
authorized  by  the  canons  of  the  general  Church  in  this  country,  elected 
and  installed  other  elders,  it  does  not  seem  to  us  inconsistent  or  at  vari- 
ance with  the  nature  of  the  possession  which  we  have  described,  and 
which  the  Chancery  Court  orders  to  be  restored  to  the  defendants,  that 
they  should  be  compelled  to  recognize  these  rights,  and  permit  those  who 
are  the  real  beneficiaries  of  the  trust  held  by  them,  to  enjoy  the  uses,  to 
protect  Avhich  that  trust  was  created.  Undoubtedly,  if  the  order  of  the 
Chancery  Court  had  been  executed,  and  the  marshal  had  delivered  the 
key  of  the  church  to  defendants,  and  placed  them  in  the  same  position 
they  Avere  before  that  suit  was  commenced,  they  could  in  any  court 
having  jurisdiction,  and  in  a  case  properly  made  out,  be  compelled  to 
respect  the  rights  we  have  stated,  and  be  controlled  in  their  use  of  the 
possession  by  the  court,  so  far  as  to  secure  those  rights. 

All  that  we  have  said,  in  regard  to  the  possession  which  the  marshal  is 
directed  to  deliver  to  defendants,  is  equally  applicable  to  the  possession 
held  l:)y  him  pending  the  execution  of  that  order.  His  possession  is  a 
substitute  for  theirs,  and  the  order  under  which  he  receives  that  posses- 
sion, which  we  have  recited,  shows  this  very  clearly. 

The  decree  which  we  are  now  reviewing  seems  to  us  to  be  carefully 
framed  on  this  view  of  the  matter.  While  the  rights  of  plaintiffs  and 
those  whom  they  sue  for  are  admitted  and  established,  the  defendants 
are  still  recognized  as  entitled  to  the  possession  which  we  have  described; 
and  while  thev  are  not  enjoined  from  receiving  that  possession  from  the 
marshal,  and  he  is  not  restrained  from  obeying  the  Chancery  Court  by 
delivering  it,  and  while  there  is  no  order  made  on  the  marshal  at  all  to 


OF    THE    CHURCH.  133 

interfere  with  liis  possession,  the  defendants  are  required  by  the  decree  to 
respect  the  riglits  of  plaintiffs,  and  to  so  use  the  possession  and  con- 
trol to  which  they  may  be  restored  as  not  to  hinder  or  obstruct  the  true 
uses  of  the  trust  which  that  possession  is  intended  to  protect. 

We  are  next  to  inquire  whether  the  decree  thus  rendered  is  based  upon 
an  equally  just  view  of  the  law  as  applied  to  the  facts  of  this  controversy. 
These,  though  making  up  a  copious  record  of  matter  by  no  means 
pleasant  reading  to  the  sincere  and  thoughtful  Christian  philanthropist, 
may  be  stated  with  a  reasonable  brevity,  so  far  as  they  bear  upon  the 
priuci[)les  which  must  decide  the  case. 

From  the  commencement  of  the  late  war  of  the  insurrection  to  its  close 
the  General  Assembly  of  the  Presbyterian  Church  at  its  annual  meetings 
expressed,  in  declaratory  statements  or  resolutions,  its  sense  of  the  obliga- 
tion of  all  good  citizens  to  support  the  Federal  Govei'ument  in  that 
struggle;  and  when,  by  the  proclamation  of  President  Lincoln,  emanci- 
pation of  the  slaves  of  the  States  in  insurrection  was  announced,  that 
body  also  expressed  views  favorable  to  emancipation  and  adverse  to  the 
institution  of  slavery.  And  at  its  meeting  in  Pittsburg  in  May,  1865, 
instructions  were  given  to  the  Presbyteries,  the  Board  of  Missions,  and 
to  the  Sessions  of  the  churches,  that  when  any  persons  from  the  Southern 
States  should  make  application  for  employment  as  missionaries,  or  for 
admission  as  members  or  ministers  of  churches,  inquiry  should  be  made 
as  to  their  sentiments  in  regard  to  loyalty  to  the  government  and  on  the 
subject  of  slavery;  and  if  it  was  found  that  they  had  been  guilty  of 
voluntarily  aiding  the  war  of  the  rebellion,  or  held  the  doctrine  an- 
nounced by  the  large  body  of  the  churches  in  the  insurrectionary  States, 
which  had  organized  a  new  General  Assembly  that  "  the  system  of 
Negro  slavery  in  the  South  is  a  divine  institution,  and  that  it  is  the 
peculiar  mission  of  the  Si mthern  Church  to  conserve  that  institution," 
they  should  be  required  to  repent  and  forsake  these  sins  before  they  could 
be  received. 

lu  the  month  of  September  thereafter,  the  Presbytery  of  Louisville, 
under  whose  immediate  jurisdiction  was  the  Walnut  Street  Church, 
adopted  and  published  in  pamphlet  form  what  it  called  a  "  Declaration 
and  Testimony  against  the  erx'oneous  and  heretical  doctrines  and  practices 
which  have  obtained  and  been  propagated  in  the  Presbyterian  Church  of 
the  United  States  during  the  last  five  years." 

This  declaration  denounced,  in  the  severest  terms,  the  action  of  the 
General  Assembly  in  the  matters  we  have  just  mentioned,  declared  their 
intention  to  refuse  to  be  governed  by  that  action,  and  invited  the  cooper- 
ation of  all  members  of  the  Presbyterian  Church  who  shared  the  senti- 
ments of  the  declaration  in  a  concerted  resistance  to  what  they  called  the 
usurpation  of  authority  by  the  Assembly. 

It  is  useless  to  pursue  the  history  of  this  controversy  further  with 
minuteness. 

The  General  Assembly  of  1866  denounced  the  Declaration  and  Testi- 
mony, and  declared  that  every  Presbytery  which  refused  to  obey  its 
order  should  be  ipso  facto  dissolved,  and  called  to  answer  before  the  next 
General  Assembly,  giving  the  Louisville  Presbytery  an  opportunity  for 
repentanceand  conformity.  The  Louisville  Presbytery  divided,  and  the 
adherents  of  the  Declaration  and  Testimony  sought  and  obtained  admis- 
sion, in  1868,  into  "  The  Presbyterian  Church  of  the  Confederate  States," 
of  which   we  have  already  spoken  as  having  several  years  previously 


134  FOR.M    OF    GOVERNMENT,    CHAP.    II 

withdrawn  from  the  General  Assembly  of  the  United  States  and  set  up 
a  new  organization. 

We  cannot  better  state  the  results  of  these  proceedings  upon  the 
relations  of  the  church  organizations  and  members,  to  each  other  aud  to 
this  controversy,  than  in  the  language  of  the  brief  of  appellants'  coun- 
sel in  this  court. 

In  January,  1866,  the  congregation  of  the  Walnut  Street  Church 
became  divided  in  the  manner  stated  above,  each  claiming  to  constitute 
the  church,  although  the  issue  as  to  membership  was  not  distinctly  made 
in  the  cliancery  suit  of  Avery  vs.  Watson.  Both  parties  at  this  time 
recognized  the  same  superior  church  judicatories. 

On  the  19th  of  June,  1866,  the  Synod  of  Kentucky  became  divided, 
the  opposing  parties  in  each  claiming  to  constitute  respectively  the  true 
Presbytery  and  the  true  Synod,  each  meanwhile  recognizing  and  claiming 
to  adhere  to  the  same  General  Assembly.  Of  these  contesting  bodies 
the  appellants  adhered  to  one,  the  appellees  to  the  other. 

On  the  1st  of  June,  1867,  the  Presbytery  and  Synod  recognized  by 
the  ap])ellauts  were  declared  by  the  General  Assembly  to  be  "  in  no 
sense  a  true  and  lawful  Synod  and  Presbytery  in  connection  with  and 
under  the  care  and  authority  of  the  General  Assembly  of  the  Presbyte- 
rian Church  in  the  United  States  of  America,"  and  were  permanently 
excluded  from  connection  with  or  representation  in  the  Assembly.  By 
the  same  resolution  the  Synod  and  Presbytery  adhered  to  by  appellees  were 
declared  to  be  the  true  and  lawful  Presbytery  of  Louisville  and  Synod 
of  Kentucky. 

The  Synod  of  Kentucky,  thus  excluded,  by  a  resolution  adopted  the 
28th  of  June,  1867,  declared  "  that  in  its  future  action  it  will  be  gov- 
erned by  this  recognized  sundering  of  all  its  relations  to  the  aforesaid 
revolutionary  body  (the  General  Assembly)  by  the  acts  of  that  body 
itself."      The  Presbytery  took  substantially  the  same  action. 

In  this  final  severance  of  Presbytery  and  Synod  from  the  General 
Assembly,  the  appellants  and  appellees  continued  to  adhere  to  those 
bodies  at  first  recognized  by  them  respectively. 

In  the  earliest  stages  of  this  controversy  it  was  found  that  a  majority 
of  the  members  of  the  Walnut  Street  Church  concurred  with  the  action 
of  the  General  Assembly,  while  Watson  and  Gault  as  ruling  elders, 
and  Fulton  and  Farley  as  trustees,  constituting,  in  each  case,  a  majority 
of  the  Session  and  of  the  trustees,  with  Mr.  McElroy,  the  pastor, 
sympathized  with  the  party  of  the  Declaration  and  Testimony  of  the 
Louisville  Presbytery.  This  led  to  efforts  by  each  party  to  exclude  the 
other  from  participation  in  the  Session  of  the  church  and  the  use  of  the 
property.  This  condition  of  affairs  being  brought  before  the  Synod  of 
Kentucky  before  any  separation,  that  body  appointed  a  Commission  to 
hold  an  election,  by  the  members  of  the  Walnut  Street  Church,  of  tliree 
additional  ruling  elders.  Watson  and  Gault  refused  to  open  the  church 
for  the  meeting  to  hold  its  election,  but  the  majority  of  the  members  of 
the  congregation,  meeting  on  the  sidewalk  in  front  of  the  church,  organ- 
ized and  elected  Avery,  Leech  and  McNaughton  additional  ruling  elders, 
who,  if  lawful  elders,  constituted,  with  Mr.  Hackney,  a  majority  of  the 
Session.  Gault  and  Watson,  Farley  and  Fulton,  refused  to  recognize 
them  as  such,  and  hence  the  suit  in  the  Chancery  Court  of  Louisville, 
which  turned  exclusively  on  that  question. 

The  newly  elected  elders  and  the  majority  of  the  congregation  have 


OF   THE   CHURCH.  135 

adhered  to,  and  been  recognized  by,  the  General  Assembly  as  the  regular 
and  lawful  Walnut  Street  Church  and  officers,  and  Gault  and  Watson 
Fulton,  Farley  and  a  minority  of  the  members,  have  cast  their  fortunes 
with  those  who  adhered  to  the  Declaration  and  Testimony  party. 

The  division  and  separation  finally  extended  to  the  Presbytery  of 
Louisville  and  the  Synod  of  Kentucky.  It  is  now  complete  and  appar- 
ently irreconcilable,  and  we  are  called  upon  to  declare  the  beneficial  uses 
of  the  church  property,  in  this  condition  of  total  separation  between  the 
members  of  what  was  once  a  united  and  harmonious  congregation  of  the 
Presbyterian  Church. 

The  questions  which  have  come  before  the  civil  courts  concerning  the 
rights  to  property  held  by  ecclesiastical  bodies  may,  so  far  as  we  have 
been  able  to  examine  them,  be  profitably  classified  under  three  general 
heads,  which,  of  course,  do  not  include  cases  governed  by  considerations 
applicable  to  a  Church  established  and  supported  by  law  as  the  religion 
of  the  State: 

1.  The  first  of  these  is  when  the  property  which  is  the  subject  of  con- 
troversy has  been,  by  the  deed  or  will  of  the  donor,  or  other  instrument 
by  which  the  property  is  held  by  the  express  terms  of  the  instrument, 
devoted  to  the  teaching,  support  or  spread  of  some  specific  form  of 
religious  doctrine  or  belief. 

2.  The  second  is  when  the  property  is  held  by  a  religious  congregation 
which,  by  the  nature  of  its  organization,  is  strictly  independent  of  other 
ecclesiastical  associations,  and  so  far  as  church  government  is  concerned 
owes  no  fealty  or  obligation  to  any  higher  authority. 

3.  The  third  is  where  the  religious  congregation  or  ecclesiastical  body 
holding  the  property  is  but  a  subordinate  member  of  some  general 
Church  organization,  in  which  there  are  superior  ecclesiastical  tribunals, 
with  a  general  and  ultimate  power  of  control,  more  or  less  complete,  in 
some  supreme  judicatory,  over  the  whole  membership  of  that  general 
organization. 

In  regard  to  the  first  of  these  classes,  it  seems  hardly  to  admit  of  a 
rational  doubt  that  an  individual  or  an  association  of  individuals  may 
dedicate  property  by  way  of  trust  to  the  purpose  of  sustaining,  support- 
ing and  propagating  definite  religious  doctrines  or  principles,  provided 
that  in  doing  so  they  violate  no  law  of  morality,  and  give  to  the  instru- 
ment by  which  their  purpose  is  evidenced  the  formalities  which  the  laws 
require.  And  it  Avould  seem  also  to  be  the  obvious  duty  of  the  court,  in 
a  case  properly  made,  to  see  that  the  property  so  dedicated  is  not  diverted 
from  the  trust  which  is  thus  attached  to  its  use.  So  long  as  there  are 
persons  qualified  within  the  meaning  of  the  original  dedication,  and  who 
are  also  willing  to  teach  the  doctrines  or  principles  prescribed  in  the  act 
of  dedication,  and  so  long  as  there  is  any  one  so  interested  in  the  execu- 
tion of  the  trust  as  to  have  a  standing  in  court,  it  must  be  that  they  can 
prevent  the  diversion  of  the  property  or  fund  to  other  and  difterent  uses. 
This  is  the  general  doctrine  of  courts  of  equity  as  to  charities,  and  it 
seems  equally  applicable  to  ecclesiastical  matters. 

In  such  case,  if  the  trust  is  confided  to  a  religious  congregation  of  the 
Independent  or  Congregational  form  of  church  government,  it  is  not  in 
the  power  of  the  majority  of  that  congregation,  however  preponderant, 
by  reason  of  a  change  of  views  on  religious  subjects,  to  carry  the  prop- 
erty so  confided  to  them  to  the  support  of  new  and  conflicting  doctrine. 
A  pious  man,  building  and  dedicating  a  house  of  worship  to  the  sole  and 


136  FORM    OF    GOVERNMENT,    CHAP.     If. 

exclusive  use  of  those  who  believe  in  the  doctrine  of  the  Holy  Trinity, 
and  placing  it  under  the  control  of  a  congregation  which  at  the  time 
holds  the  same  belief,  has  a  right  to  expect  that  the  law  will  prevent  that 
property  from  being  used  as  a  means  of  support  and  dissemination  of 
the  Unitarian  doctrine  and  as  a  place  of  Unitarian  worship.  Nor  is  the 
principle  varied  when  the  organization  to  which  the  trust  is  confided  is  of 
the  second  or  associated  form  of  church  government.  The  pi'otection 
which  the  law  throws  around  the  trust  is  the  same. 

And  though  the  task  may  be  a  delicate  one  and  a  difficult  one,  it  will 
be  the  duty  of  the  court  in  such  cases,  when  the  doctrine  to  be  taught  or 
the  form  of  worship  to  be  used  is  definitely  and  clearly  laid  down,  to 
inquire  whether  the  party  accused  of  violating  the  trust  is  holding  or 
teaclung  a  different  doctrine  or  using  a  form  of  worship  which  is  so  far 
variant  as  to  defeat  the  declared  objects  of  the  trust.  In  the  leading 
case  on  this  subject  in  the  English  courts,  of  the  Attorney  General  vs. 
Pearson,  3  Merrivale,  353,  Lord  Eldon  said,  "  I  agree  with  the  defen- 
dants that  the  religious  belief  of  the  parties  is  irrelevant  to  the  matters 
in  dispute,  except  so  far  as  the  king's  court  is  called  upon  to  execute  the 
trust. ' '  This  was  a  case  in  which  the  trust  deed  declared  the  house 
which  was  erected  under  it  wsis  for  the  worship  and  service  of  God.  And 
though  we  may  not  be  satisfied  with  the  very  artificial  and  elaborate 
argument  by  which  the  chancellor  arrives  at  the  conclusion — that  because 
any  other  view  of  the  nature  of  the  Godhead  than  the  Trinitarian  view 
was  heresy  by  the  laws  of  England,  and  any  one  giv^ing  expression  to 
the  Unitarian  view  was  liable  to  be  severely  punished  for  heresy  by  the 
secular  courts,  at  the  time  the  deed  was  made,  that  the  trust  was,  there- 
fore, for  Trinitarian  worship — we  may  still  accept  the  statement  that  the 
court  has  the  right  to  enforce  a  trust  clearly  defined  on  such  a  subject. 

The  case  of  Miller  vs.  Gable,  2  Denio,  492,  appears  to  have  been 
decided  in  the  Court  of  Errors  of  New  York  on  this  principle,  so  far  as 
any  ground  of  decision  can  be  gathered  from  the  opinions  of  the  majority 
of  the  court  as  reported. 

The  second  class  of  cases  which  we  have  described  has  reference  to  the 
cavse  of  a  church  of  a  strictly  congregational  or  independent  organization, 
governed  solely  within  itself  either  by  a  majority  of  its  members  or  by 
such  other  local  organism  as  it  may  have  instituted  for  the  purpose  of 
ecclesiastical  government;  and  to  property  held  by  such  a  church,  either 
by  way  of  purchase  or  donation,  with  no  other  specific  trust  attached  to 
it  in  the  hands  of  the  church,  than  that  it  is  for  the  use  of  that  congre- 
gation as  a  religious  society.  In  such  cases,  where  there  is  a  schism 
■which  leads  to  a  separation  into  distinct  and  conflicting  bodies,  the  rights 
of  such  bodies  to  the  use  of  the  property  must  be  determined  by  the 
ordinary  principles  which  govern  voluntary  associations.  If  the  principle 
of  government  in  such  cases  is  that  the  majority  rules,  then  the  numeri- 
cal majority  of  members  must  control  the  right  to  the  use  of  the 
property.  If  there  be  within  the  congregation  officers  in  whom  are 
vested  the  powers  of  such  control,  then  those  who  adhere  to  the  acknowl- 
edged organism  by  which  the  body  is  governed  are  entitled  to  the  use  of 
the  property. 

The  minority,  in  choosing  to  separate  themselves  into  a  distinct  body, 
and  refusing  to  recognize  the  authority  of  the  govei'ning  body,  can  claim 
no  rights  in  the  property  from  the  fact  that  they  had  once  been  members 
of  the  church  or  congregation. 


OF   THE    CHURCH.  137 

This  ruling  admits  of  uo  inquiry  into  the  existing  religious  opinions  of 
those  who  comprise  the  legal  or  regular  organization;  for  if  such  was 
permitted,  a  very  small  minority,  without  any  officers  of  the  church 
among  them,  might  be  found  to  be  the  only  faithful  supporters  of  the 
religious  dogmas  of  the  founders  of  the  church.  There  being  uo  such 
trust  imposed  upon  the  property  when  purchased  or  given,  the  court  will 
not  imply  one  for  the  purpose  of  expelling  from  its  use  those  who,  by 
regular  succession  and  order,  constitute  the  church,  because  they  may 
have  changed  in  some  respect  their  views  of  religious  truth. 

Of  the  cases  in  which  this  doctrine  is  applied,  no  better  representative 
can  be  found  than  that  of  Shannon  vs.  Frost,  3  B.  Monro,  253,  where 
the  principle  is  ably  supported  by  the  learned  chief  justice  of  the  Court 
of  Appeals  of  Kentucky. 

The  case  of  Smith  vs.  Nelson,  18  Verm.,  511,  asserts  this  doctrine  in 
a  case  where  a  legacy  was  left  to  the  associate  congregation  of  Ryegate, 
the  interest  whereof  was  to  be  annually  paid  to  their  minister  for  ever. 
In  that  case,  though  the  Ryegate  congregation  was  one  of  a  number  of 
Presbyterian  churches  connected  with  the  general  Presbyterian  body  at 
large,  the  court  held  that  the  only  inquiry  was  whether  the  society  still 
exists,  and  whether  they  have  a  minister  chosen  and  appointed  by  the 
majority  and  regularly  ordained  over  the  society,  agreeably  to  the  usage 
of  that  denomination. 

And  though  we  may  be  of  opinion  that  the  doctrine  of  that  case  needs 
modification  so  far  as  it  discusses  the  relation  of  the  Ryegate  congrega- 
tion to  the  other  judicatories  of  the  body  to  which  it  belongs,  it  certainly 
lays  down  the  principle  correctly  if  that  congregation  was  to  be  treated 
as  an  independent  one. 

But  the  third  of  these  classes  of  cases  is  the  one  which  is  oftenest  found 
in  the  courts,  and  which,  with  reference  to  the  number  and  difficulty  oi 
the  questions  involved  and  to  other  considerations,  is  every  way  the  most 
important. 

It  is  the  case  of  property  acquired  in  any  of  the  usual  modes  for  the 
general  use  of  a  religious  congregation  which  is  itself  part  of  a  lai*ge  and 
general  organization  of  some  religious  denomination,  with  which  it  is 
more  or  less  intimately  connected  by  religious  views  and  ecclesiastical 
government. 

The  case  before  us  is  one  of  this  class,  growing  out  of  a  schism  which 
has  divided  the  congregation  and  its  officers  and  the  Presbytery  and 
Synod,  and  which  appeals  to  the  courts  to  determine  the  right  to  the  use 
of  the  property  so  acquired.  Here  is  no  case  of  property  devoted  for 
ever  by  the  instrument  which  conveyed  it,  or  by  any  specific  declaration 
of  its  owner,  to  the  support  of  any  special  religious  dogmas  or  any 
peculiar  form  of  worship,  but  of  property  purchased  for  the  use  of  a 
religious  congregation ;  and  so  long  as  any  existing  religious  congregation 
can  be  ascertained  to  be  that  congregation  or  its  regular  and  legitimate 
successor,  it  is  entitled  to  the  use  of  the  property.  In  the  case  of  an 
independent  congregation,  we  have  pointed  out  how  this  identity  or 
succession  is  to  be  ascertained,  but  in  cases  of  this  character  we  are 
bound  to  look  at  the  fact  that  the  local  congregation  is  itself  but  a  mem- 
ber of  a  much  larger  and  more  important  religious  organization,  and  is 
under  its  government  and  control,  and  is  bound  by  its  orders  and 
judgments.  There  ai'e  in  the  Presbyterian  system  of  ecclesiastical  gov- 
ernment, in  regular  succession,  the  Presbytery  over  the  Session  or  local 


138  FORM    OF   GOVERNMENT,    CHAP    II. 

church,  the  Synod  over  the  Presbytery,  and  the  General  Assembly  over 
all.  These  are  called,  in  the  language  of  the  Church  organs,  judica- 
tories, and  they  entertain  appeals  from  the  decisions  of  those  below,  and 
prescribe  corrective  measures  in  other  cases. 

In  this  class  of  cases  we  think  the  rule  of  action  which  should  govern 
the  civil  courts,  founded  in  a  broad  and  sound  view  of  the  relations  of 
Church  and  State  under  our  system  of  laws,  and  supported  by  a  prepon- 
derating weight  of  judicial  authority,  is  that,  whenever  the  questions  of 
discipline  or  of  faith  or  ecclesiastical  rule,  custom  or  law,  have  been 
decided  by  the  highest  of  these  church  judicatories  to  which  the  matter 
has  been  carried,  the  legal  tribunals  must  accept  such  decisions  as  final, 
and  as  binding  on  them  in  their  application  to  the  case  before  them. 

We  concede  at  the  outset  that  the  doctrine  of  the  English  courts  is 
otherwise.  In  the  case  of  the  Attorney  General  against  Peai-son,  cited 
before,  the  proposition  is  laid  down  by  Lord  Eldon  and  sustained  by  the 
peers  that  it  is  the  duty  of  the  court  in  such  cases  to  inquire  and  decide 
for  itself  not  only  what  was  the  nature  and  power  of  these  church 
judicatories,  but  what  is  the  true  standard  of  faith  in  the  church  organi- 
zation, and  which  of  the  contending  parties  before  the  court  holds  to  this 
standard.  And  in  the  subsequent  case  of  Craigdallie  vs.  Aikman,  2 
Bligh,  529,  the  same  learned  judge  expresses  in  strong  terms  his  chagrin 
that  the  Court  of  Sessions  of  Scotland,  from  which  the  case  had  been 
appealed,  had  failed  to  find  on  this  latter  subject,  so  that  he  could  rest 
the  case  on  religious  belief,  but  had  declared  that  in  this  matter  there 
was  no  difference  between  the  parties. 

And  we  can  very  well  understand  how  the  lord  chancellor  of  England, 
who  is,  in  his  office,  in  a  large  sense,  the  head  and  representative  of  the 
Established  Church,  who  controls  very  largely  the  Church  patronage, 
and  whose  judicial  decision  may  be,  and  not  infrequently  is,  invoked  in 
cases  of  heresy  and  ecclesiastical  contumacy,  should  feel,  even  in  dealing 
with  a  dissenting  church,  but  little  delicacy  in  grappling  with  the  most 
abstruse  problems  of  theological  controversy,  or  in  construing  the  instru- 
ments which  those  churches  have  adopted  as  their  rules  of  government, 
or  inquiring  into  their  customs  and  usages.  The  dissenting  church  in 
England  is  not  a  free  church,  in  the  sense  in  which  we  apply  the  term  in 
this  country;  and  it  was  much  less  free  in  Lord  Eldon' s  time  than  now. 
Laws  then  existed  upon  the  statute-book  hampering  the  free  exercise  of 
religious  belief  and  worship  in  many  most  oppressive  forms;  and  though 
Protestant  dissenters  were  less  burdened  than  Catholics  and  Jews,  there 
did  not  exist  that  full,  entire  and  practical  freedom  for  all  forms  of 
religious  belief  and  practice  which  lies  at  the  foundation  of  our  political 
principles.  And  it  is  quite  obvious,  from  an  examination  of  the  series 
of  cases  growing  out  of  the  organization  of  the  Free  Church  of  Scot- 
land, found  in  Shaw's  reports  of  cases  in  the  Court  of  Sessions,  that  it 
was  only  under  the  pressure  of  Lord  Eldon' s  ruling,  established  in  the 
House  of  Lords,  to  which  final  appeal  lay  in  such  cases,  that  the 
doctrine  was  established  in  the  Court  of  Sessions  after  no  little  struggle 
and  resistance. 

The  full  history  of  the  case  of  Craigdallie  vs.  Aikman  in  the  Scottish 
court,  which  we  cannot  further  pursue,  anci  the   able  opinion  of  Lord 
Meadowbank  in  Galbraith  vs.  Smith,  15  Shaw,  808,  show  this  conclu- 
sively. 

In  this  country  the  full  and  free  right  to  entertain  any  religious  belief. 


OF   THE   CHURCH.  139 

to  practice  any  religious  principle,  and  to  teach  any  religious  doctrine 
which  does  not  violate  the  laws  of  morality  and  property,  and  which  does 
not  infringe  personal  rights,  is  conceded  to  all.  The  law  knows  no 
heresy,  and  is  committed  to  the  support  of  no  dogma,  the  establishment 
of  no  sect.  The  right  to  organize  voluntary  religious  associations,  to 
assist  in  the  expression  and  dissemination  of  any  religious  doctrine,  and 
to  create  tribunals  for  the  decision  of  controverted  questions  of  faith 
within  the  association,  and  for  the  ecclesiastical  government  of  all  the  indi- 
vidual members,  congregations  and  officers  within  the  general  association, 
is  unquestioned.  All  who  unite  themselves  to  such  a  body  do  so  with  an 
implied  consent  to  this  government,  and  are  bound  to  submit  to  it.  But 
it  would  be  a  vain  consent,  and  would  lead  to  the  total  subversion  of  such 
religious  bodies,  if  any  one  aggrieved  by  one  of  their  decisions  should 
appeal  to  the  secular  courts  and  have  them  reversed.  It  is  of  the  essence 
of  these  i-eligious  unions,  and  of  their  right  to  establish  tribunals  for  the 
decision  of  questions  arising  among  themselves,  that  those  decisions 
should  be  binding  in  all  cases  of  ecclesiastical  cognizance,  subject  only 
to  such  appeals  as  the  organism  itself  provides  for. 

Nor  do  we  see  that  justice  would  be  likely  to  be  promoted  by  submit- 
ting those  decisions  to  review  in  the  ordinary  judicial  tribunal.  Each  of 
these  large  and  influential  bodies  (to  mention  no  others,  let  reference  be 
had  to  the  Protestant  Episcopal,  the  Methodist  Episcopal,  and  the 
Presbyterian  Churches)  has  a  body  of  constitutional  and  ecclesiastical 
law  of  its  own,  to  be  found  in  their  written  organic  laws,  their  books  of 
discipline,  in  their  collections  of  precedents,  in  their  usage  and  customs, 
which  as  to  each  constitute  a  system  of  ecclesiastical  law  and  religious 
faith  that  tasks  the  ablest  minds  to  become  familiar  with.  It  is  not  to 
be  supposed  that  the  judges  of  the  civil  courts  can  be  as  competent  in 
the  ecclesiastical  law  and  religious  faith  of  all  these  bodies  as  the  ablest 
men  in  each  are  in  reference  to  their  own.  It  would,  therefore,  be  an 
appeal  from  the  more  learned  tribunal  in  the  law  which  should  decide 
the  case  to  one  which  is  less  so. 

We  have  said  that  these  views  are  supported  by  the  preponderant 
weight  of  authority  in  this  country;  and  for  the  reasons  which  we  have 
given,  we  do  not  think  the  doctrines  of  the  English  Chancery  Court  on 
this  subject  should  have  with  us  the  influence  which  we  would  cheerfully 
accord  to  it  on  others. 

We  have  already  cited  the  case  of  Shannon  vs.  Frost,  3  Ben.  Monro, 
in  which  the  appellate  court  of  the  State,  where  this  controversy  orig- 
inated, sustains  the  proposition  clearly  and  fully.  "  This  court,"  says 
the  chief  justice,  "  having  no  ecclesiastical  jurisdiction,  cannot  revise  or 
question  ordinary  acts  of  church  discipline.  Our  only  judicial  power 
in  the  case  arises  from  the  conflicting  claims  of  the  parties  to  the  church 
property  and  the  use  of  it.  We  cannot  decide  who  ought  to  be  members 
of  the  church,  nor  whether  the  excommunicated  have  been  justly  or 
unjustly,  regularly  or  iri-egularly,  cut  off"  from  the  body  of  the  church." 

In  the  subsequent  case  of  Gibson  vs.  Armstrong,  7  B.  Monro,  481, 
which  arose  out  of  the  general  division  of  the  Methodist  Episcopal 
Church,  we  understand  the  same  principles  to  be  laid  down  as  governing 
that  case;  and  in  the  case  of  Watson  vs.  Avery,  2  Bush.,  332,  the  case 
relied  on  by  appellants  as  a  bar,  and  considered  in  the  former  part 
of  this  opinion,  the  doctrine  of  Shannon  vs.  Frost  is  in  general  terms 
conceded,  while  a  distinction  is  attempted  which  we  shall  consider  here- 
after. 


140  FORM  OF  GOVERNMENT,  CHAP.  II. 

Oue  of  the  most  careful  and  well-considered  judgments  on  the  sul)ject 
is  that  of  the  Court  of  Appeals  of  South  Carolina,  delivered  by  Chan- 
cellor Johnson,  in  the  case  of  Harmon  vs.  Dreher,  2  Speer'sEq.,  87. 
The  case  turned  upon  certain  rights  in  the  use  of  the  church  property- 
claimed  by  the  minister,  notwithstanding  his  expulsion  from  the  Synod 
as  one  of  its  members. 

* '  He  stands, ' '  says  the  chancellor,  ' '  convicted  of  the  offences  alleged 
against  him,  by  the  sentence  of  the  spiritual  body  of  which  he  was  a 
voluntary  member,  and  by  whose  proceedings  he  had  bound  himself  to 
abide.  It  belongs  not  to  the  civil  power  to  enter  into  or  review  the 
proceedings  of  a  spiritual  court.  The  structure  of  our  government  has, 
for  the  preservation  of  civil  liberty,  rescued  the  temporal  institutions 
from  religious  interference.  On  the  other  hand,  it  has  secured  religious 
liberty  from  the  invasion  of  the  civil  authority.  The  judgments,  therefore, 
of  religious  associations  bearing  on  their  own  members  are  not  examinable 
here,  and  I  am  not  to  inquire  whether  the  doctrines  attributed  to  Mr. 
Dreher  were  held  by  him,  or  whether  if  held  were  an ti -Lutheran,  or 
whether  his  conduct  was  or  was  not  in  accordance  with  the  duty  he  owed 

to  the  Synod  or  to  his  denomination When  a  civil  right  depends 

upon  an  ecclesiastical  matter,  it  is  the  civil  court,  and  not  the  ecclesiasti- 
cal, which  is  to  decide.  But  the  civil  tribunal  tries  the  civil  right  and 
no  more,  taking  the  ecclesiastical  decisions  out  of  which  the  civil  right 
arises  as  it  finds  them."  The  principle  is  reaffirmed  by  the  same  court 
in  the  John's  Island  Church  case,  2  Richardson  Eq.,  215. 

In  Den  vs.  Bolton,  7  Halstead,  206,  the  Supreme  Court  of  New 
Jersey  asserts  the  same  principles;  and  though  founding  its  decision 
mainly  on  a  statute,  it  is  said  to  be  true  on  general  principles. 

The  Supreme  Court  of  Illinois  in  the  case  of  Ferraria  vs.  Vaucan- 
celles,  25  111.,  456,  refers  to  the  case  of  Shannon  vs.  Frost,  3  B.  Monro, 
with  appi'oval,  and  adopts  the  language  of  the  court,  that  "  the  judicial 
eye  cannot  penetrate  the  veil  of  the  Church  for  the  forbidden  purpose  of 
vindicating  the  alleged  wrongs  of  excised  members;  when  they  became 
members,  they  did  so  upon  the  condition  of  continuing  or  not  as  they 
and  their  churches  might  determine,  and  they  thereby  submit  to  the 
ecclesiastical  power,  and  cannot  now  invoke  the  supervisory  power  of  the 
civil  tribunals." 

In  the  very  important  case  of  Chase  vs.  Cheny,  recently  decided  in 
the  same  court.  Judge  Lawrence,  who  dissented,  says,  we  understand  the 
opinion  as  implying  that  in  the  administration  of  ecclesiastical  discipline, 
and  where  no  other  right  of  property  is  involved  than  loss  of  the  clerical 
office  or  salary  incident  to  such  discipline,  a  spiritual  court  is  the  exclu- 
sive judge  of  its  own  jurisdiction,  and  that  its  decision  of  that  question 
is  binding  on  the  secular  courts.  And  he  dissents  with  Judge  Sheldon 
from  the  opinion  because  it  so  holds. 

In  the  case  of  Watson  vs.  Farris,  45  Missouri,  183,  which  was  a  case 
growing  out  of  the  schism  in  the  Presbyterian  Church  in  Missouri  in 
regard  to  this  same  declaration  and  testimony  and  the  action  of  the 
General  Assembly,  that  court  held  that  whether  a  case  was  regularly  or 
irregularly  before  the  Assembly  was  a  question  which  the  Assemby  had 
the  riglit  to  determine  for  itself,  and  no  civil  pourt  could  reverse,  modify 
or  impair  its  action  in  a  matter  of  merely  ecclesiastical  concern. 

We  cannot  better  close  this  review  of  the  authorities  than  in  the 
language   of    the   Supreme  Court  of  Pennsylvania  in  the  case  of  the 


OF   THE   CHURCH.  141 

German  Reformed  Church  vs.  Siebert,  5  Barr.,  291:  "  The  decisions  of 
ecclesiastical  courts,  like  every  other  judicial  tribunal,  are  final,  as  they 
are  the  best  judges  of  what  constitutes  an  offence  against  the  Word  of 
God  and  the  discipline  of  the  Church.  Any  other  than  those  courts 
must  be  incompetent  judges  of  matters  of  faith,  discipline  and  doctrine; 
and  civil  courts,  if  they  should  be  so  unwise  as  to  attempt  to  supervise 
their  judgments  on  matters  which  come  within  their  jurisdiction,  would 
only  involve  themselves  in  a  sea  of  uncertainty  and  doubt  which  would 
do  anything  but  improve  either  religion  or  good  morals." 

In  the  subsequent  case  of  McGinnis  vs.  Watson,  41  Penn.  Stat.,  21, 
this  principle  is  again  applied  and  supported  by  a  more  elaborate 
argument. 

The  Court  of  Appeals  of  Kentucky,  in  the  case  of  Watson  vs.  Avery, 
before  referred  to,  while  admitting  the  general  principle  here  laid  down, 
maintains,  "  that  when  a  decision  of  an  ecclesiastical  tribunal  is  set  up  in 
the  civil  courts,"  it  is  always  open  to  inquiry  whether  the  tribunal  acted 
within  its  jurisdiction ;  and  if  it  did  not,  its  decisions  could  not  be  con- 
clusive. 

There  is,  perhaps,  no  word  in  legal  terminology  so  frequently  used  as 
the  word  jurisdiction,  so  capable  of  use  in  a  general  and  vague  sense, 
and  which  is  used  so  often  by  men  learned  in  the  law  without  a  due 
regard  to  precision  in  its  application.  As  regards  its  use  in  the  matters 
we  have  been  discussing,  it  may  very  well  be  conceded  that  if  the 
General  Assembly  of  the  Presbyterian  Church  should  undertake  to  try 
one  of  its  members  for  murder,  and  punish  him  with  death  or  imprison- 
ment, its  sentence  would  be  of  no  validity  in  a  civil  court  or  anywhere 
else.  Or  if  it  should,  at  the  instance  of  one  of  its  members,  entertain 
jurisdiction  as  between  him  and  another  member  as  to  their  individual 
right  to  property,  real  or  personal,  the  right  in  no  sense  depending  on 
ecclesiastical  questions,  its  decisions  would  be  utterly  disregarded  by  any 
civil  court  where  it  might  be  set  up,  and  it  might  be  said,  in  a  certain 
general  sense  very  justly,  that  it  was  because  the  General  Assembly  had 
no  jurisdiction  in  the  case.  Illustrations  of  this  character  could  be 
multiplied  in  which  the  proposition  of  the  Kentucky  Court  would  be 
strictly  applicable. 

But  it  is  a  very  different  thing  where  a  subject-matter  of  dispute 
strictly  and  purely  ecclesiastical  in  its  character — a  matter  over  which 
the  civil  courts  exercise  no  jurisdiction — a  matter  which  concerns 
theological  controversy,  church  discipline,  ecclesiastical  government 
or  the  conformity  of  the  members  of  the  church  to  the  standard  of 
morals  required  of  them — becomes  the  subject  of  its  action.  It  may  be 
said  here,  also,  that  no  jurisdiction  has  been  conferred  on  the  tribunal  to 
try  the  particular  case  before  it,  or  that  in  its  judgment  it  exceeds  the 
powers  conferred  upon  it,  or  that  the  laws  of  the  Church  do  not  authorize 
the  particular  form  of  proceeding  adopted;  and  in  a  sense  often  used  in 
the  courts,  all  of  those  may  be  said  to  be  questions  of  jurisdiction.  But 
it  is  easy  to  see  that  if  the  civil  courts  are  to  inquire  into  all  these 
matters,  the  whole  subject  of  the  doctrinal  theology,  the  usages  and 
customs,  the  written  laws  and  fundamental  organization  of  every 
religious  denomination,  may  and  must  be  examined  into  with  minuteness 
and  care,  for  they  would  become  in  almost  every  case  the  criteria  by 
which  the  validity  of  the  ecclesiastical  decree  would  be  determined  in  the 
civil  court.     This  principle  would  deprive  these  bodies  of  the  right  of 


142  FORM  OF  GOVERNMENT,  CHAPS.  III-IV. 

construing  their  own  church  laws,  would  open  the  way  to  all  the  evils 
which  we  have  depicted  as  attendant  upon  the  doctrine  of  Lord  Eldon, 
and  would,  in  effect,  transfer  to  the  civil  courts,  where  property  rights 
were  concerned,  the  decision  of  all  ecclesiastical  questions. 

And  this  is  precisely  what  the  Court  of  Appeals  of  Kentucky  did  in 
the  case  of  Watson  vs.  Avery.  Under  cover  of  inquiries  into  the 
jurisdiction  of  the  Synod  and  Presbytery  over  the  congregation,  and  of 
the  General  Assembly  over  all,  it  went  into  an  elaborate  examination  of 
the  principles  of  Presbyterian  Church  government,  and  ended  by  over- 
ruling the  decision  of  the  highest  judicatory  of  that  Church  in  the  United 
States  both  on  the  jurisdiction  and  the  merits,  and  substituting  its  own 
judgment  for  that  of  the  ecclesiastical  court,  decides  that  ruling  elders, 
declared  to  be  such  by  that  tribunal,  are  not  such,  and  must  not  be 
recognized  by  the  congregation,  though  four-fifths  of  its  members  believe 
in  the  judgment  of  the  Assembly  and  desire  to  conform  to  its  decree. 

But  we  need  pursue  this  subject  no  further.  Whatever  may  have 
been  the  case  before  the  Kentucky  court,  the  appellants,  in  the  ca.se 
pi^esented  to  us,  have  separated  themselves  wholly  from  the  church 
organization  to  which  they  belonged  when  this  controversy  commenced. 
They  now  deny  its  authoiity,  denounce  its  action  and  refuse  to  abide  by 
its  judgments.  They  have  first  erected  themselves  into  a  new  organiza- 
tion, and  have  since  joined  themselves  to  another  totally  diflferent,  if  not 
hostile,  to  the  one  to  which  they  belonged  Avhen  the  difiiculty  first  began. 
Under  any  of  the  decisions  which  we  have  examined,  the  appellants  in 
their  present  position  have  no  right  to  the  property,  or  the  use  of  it, 
which  is  the  subject  of  this  suit. 

The  novelty  of  the  questions  presented  to  this  court  for  the  first  time, 
their  intrinsic  importance  and  far-reaching  infiuence,  and  the  knowledge 
that  the  schism  in  which  the  case  originated  has  divided  the  Presbyterian 
churches  throughout  Kentucky  and  Missouri,  have  seemed  to  us  to  justify 
the  careful  and  laborious  examination  and  discussion  which  we  have 
made  of  the  pi'inciples  which  should  govern  the  case. 

For  the  same  reasons  we  have  held  it  under  advisement  for  a  year,  not 
uninfluenced  by  the  hope  that,  since  the  civil  commotion  which  evidently 
lay  at  the  foundation  of  the  trouble  has  passed  away,  that  charity  which 
is  so  large  an  element  in  the  faith  of  both  parties,  and  which,  by  one  of 
the  apostles  of  that  religion,  is  said  to  be  the  greatest  of  all  the  Christian 
virtues,  would  have  brought  about  a  reconciliation. 

But  we  have  been  disappointed.  It  is  not  for  us  to  determine  or 
apportion  the  moral  responsibility  which  attaches  to  the  parties  for  this 
result.  We  can  only  pronounce  the  judgment  of  the  law  as  applicable 
to  the  case  presented  to  us,  and  that  requires  us  to  affirm  the  decree  of 
the  circuit  court  as  it  stands. 

The  chief  justice  did  not  sit  on  the  argument  of  this  case,  and  took 
no  part  in  its  decision. — 1872,  pp.  177-190. 

CHAPTER  III. 
OF  THE  OFFICERS  OF  THE  CHURCH 

I.  Our  blessed  Lord  at  first  collected  his  Church  out  of  different 
nations,  and  formed  it  into  one  body  by  the  mission  of  men  endued  with 
miraculous  gifts,  which  have  long  since  ceased. 

[Note. — See  Confession  of  Faith,  Chap,  xxv,  Sec.  ill.] 


OF    BISHOPS    OR    PASTORS.  143 

II.  The  ordinary  and  perpetual  officers  in  the  Church  are  Bishops  or 
Pastors;  the  representatives  of  the  people,  usually  styled  Ruling  Elders; 
and  Deacons. 

[Note. — See  under  Chapters  iv,  v,  vi.] 

CHAPTER  IV. 

OF  BISHOPS  OR  PASTORS. 

The  pastoral  office  is  the  first  in  the  Church,  both  for  dignity  and 
usefulness.  The  person  who  fills  this  office  hath  in  the  Scripture 
obtained  different  names  expressive  of  his  various  duties.  As  he  has  the 
oversight  of  the  flock  of  Christ,  he  is  termed  bishop.*  As  he  feeds 
them  with  spiritual  food,  he  is  termed  pastor.  As  he  serves  Christ  in  his 
Church,  he  is  termed  minister.  As  it  is  his  duty  to  be  grave  and  prudent 
and  an  example  of  the  flock,  and  to  govern  well  in  the  house  and 
kingdom  of  Christ,  he  is  termed  presbyter  or  elder.  As  he  is  the  mes- 
senger of  God,  he  is  termed  the  angel  of  the  Church.  As  he  is  sent  to 
declare  the  will  of  God  to  sinners  and  to  beseech  them  to  be  reconciled 
to  God  through  Christ,  he  is  termed  ambassador.  And  as  he  dispenses 
the  manifold  grace  of  God  and  the  ordinances  instituted  by  Christ,  he  is 
termed  steward  of  the  mysteries  of  God. 

I.  THE  PASTORAL  RELATION. 

1.  Fidelity  in  pastoral  duties  enjoined. 

a.  Upon  an  overture  to  the  Synod,  in  pursuance  of  an  order  of  the 
Committee  to  that  purpose,  viz. ,  to  use  some  proper  means  to  revive  the 
declining  power  of  godliness,  the  Synod  do  earnestly  recommend  it  to  all 
our  ministers  and  members  to  take  particular  care  about  ministerial 
visiting  of  families,  and  press  family  and  secret  worship,  according  to 
the  Westminster  Directory,  and  that  they  also  recommend  it  to  every 
Presbytery  at  pro})er  seasons  to  inquire  concerning  the  diligence  of  each 
of  their  members  in  such  particulars. 

This  overture  was  approved  nemine  contradicente. — 1733,  p.  105. 

b.  And  the  Synod  does  further  recommend  unanimously  to  all  our 
Presbyteries  to  take  effectual  care  that  each  of  their  ministers  are  faith- 
ful in  the  discharge  of  their  awful  trust.  And  in  particular,  that  they 
frequently  examine,  with  respect  to  each  of  their  members,  into  their 
life  and  conversation,  their  diligence  in  their  work,  and  their  methods 
of  discharging  their  ministerial  calling.  Particularly  that  each  Presby- 
tery do,  at  least  once  a  year,  examine  into  the  manner  of  each  minister's 
preaching,  whether  he  insist  in  his  ministry  upon  the  great  articles  of 
Christianity,  and  in  the  course  of  his  preaching  recommend  a  crucified 
Saviour  to  his  hearers  as  the  only  foundation  of  hope,  and  the  absolute 
necessity  of  the  omnipotent  influences  of  the  divine  grace  to  enable  them 
to  accept  of  this  Saviour ;  whether  he  do,  in  the  most  solemn  and  aflfect- 
ing  manner  he  can,  endeavor  to  convince  his  hearers  of  their  lost  and 

*  As  the  oflfice  and  character  of  the  gospel  minister  is  particularly  and  fully  de- 
scribed in  the  Holy  Scriptures  under  the  title  of  "  bishop,"  and  as  this  term  is  pecu- 
liarly expressive  of  his  duty  as  an  overseer  of  the  flock,  it  ought  not  to  be  rejected. 


144  FORM  OF  GOVERNMENT,  CHAP.  IV. 

miserable  state  whilst  unconverted,  and  jiut  them  upon  the  diligent  use 
of  those  means  necessary  in  order  to  obtaining  the  sanctifying  influences  . 
of  the  Spirit  of  God;  ^vhether  he  do,  and  how  he  doth,  discharge  his 
duty  toward  the  young  people  and  children  of  his  congregation  in  a  way 
of  catechising  and  familiar  instruction;  whether  he  do,  and  in  what 
manner  he  doth,  vii~it  his  flock  and  instruct  them  from  house  to  house. 

And  the  Synod  hereby  orders  that  a  copy  of  this  minute  be  inserted 
into  the  books  of  each  of  our  Presbyteries,  and  be  read  at  every  of  their 
Presbyterial  meetings,  and  a  record  of  its  being  read  minuted  in  said 
books  at  the  beginning  of  every  session,  and  that  there  be  also  an  annual 
record  in  each  Presbytery  book  of  a  correspondence  with  this  minute. 
And  in  case  any  minister  within  our  bounds  shall  be  found  defective  in 
any  of  the  above-mentioned  cases,  he  shall  be  subject  to  the  censure  of 
the  Presbytery,  and  if  he  refuse  subjection  to  such  censure,  the  Presby- 
tery are  hereby  directed  to  represent  his  case  to  the  next  Synod.  And 
the  Synod  recommends  to  each  of  the  ministers  within  our  bounds  to  be 
as  much  in  catechetical  doctrines  as  they  in  prudence  may  think  proper. 
-1734,  p.  111. 

C.  That  in  the  discharge  of  pastoral  duties,  they  take  the  utmost  care 
that  the  Word  of  God  be  known  and  understood  by  the  people,  and  that 
for  this  purpose,  in  their  public  instructions  the  practice  of  lecturing  on 
certain  portions  of  holy  Scripture  be  not  laid  aside,  but  rather  revived 
and  increased;  that  they  endeavor,  where  it  is  prudent  and  practicable, 
to  institute  private  societies  for  reading,  prayer,  and  pious  conversation; 
above  all,  that  they  be  faithful  in  the  duties  of  family  visitation  and  the 
catechetical  instruction  of  children  and  youth.  And  that  in  order  to  aid 
these  views,  they  endeavor  to  engage  the  sessions  of  the  respective  con- 
gregations, or  other  men  most  distinguished  for  intelligence  and  piety  in 
them,  to  assume  as  trustees  the  superintendence  and  inspection  of  the 
schools  established  for  the  initiation  and  impi'ovement  of  children  in  the 
elements  of  knowledge;  to  see  that  they  be  pro\aded  with  teachers  of 
grave  and  respectable  characters;  and  that  these  teachers,  among  other 
objects  of  their  duty,  instruct  their  pupils  in  the  principles  of  religion, 
which  should  be  done  as  often  as  possible  in  the  presence  of  one  or  more 
of  the  aforesaid  trustees,  under  the  deep  conviction  that  the  care  and 
education  of  children,  the  example  set  before  them,  and  the  first  impres- 
sions made  on  their  minds  are  of  the  utmost  importance  to  civil  society 
as  well  as  to  the  church. — 1799,  p.  182. 

[Note. — See  also  under  Directory  for  Worship,  Chaps,  i,  vi  and  Minutes  ^assi'm,  for 
duties,  etc.,  of  a  pastor,  and  under  Form  of  Government,  Chaps,  xv,  xvi  and  xvii,  for 
questions  relating  to  the  pastoral  ofBce.    Also  Chap,  x.  Sec.  viii.] 

2.  The  pastoral  relation  emphasized  and  encouraged. 

The  following  paper  in  reference  to  the  pa.storal  relation  was  adopted : 
The  General  Assembly  deems  it  important  to  reiterate  and  enforce  the 
doctrine  of  our  Standards  in  regard  to  the  pastoral  relation,  as  the  scrip- 
tural, apostolic,  and  permanent  order  for  the  edifying  of  the  body  of 
Christ  and  the  extension  of  saving  influences  throughout  the  world. 
This  W'as  evidently  the  view  of  the  subject  held  by  those  who  laid  the 
foundations  of  the  Presbyterian  Church,  who  drew  the  wondrous  plan  of 
its  organization,  and  impressed  upon  it  those  features  which  give  it  so 
striking  a  resemblance  to  the  churches  presided  over  by  the  apostle 
John,  by  Timothy,  by  the  venerable  Polycarp,  and  others  in  those  times 


OF    BISHOPS    OR    PASTORS.  145 

of  early  development  under  the  special  guidance  of  divine  inspiration. 
Nothing  is  more  fundamental  in  our  order  than  the  law  which  calls  for  an 
educated,  pious,  ordained,  settled,  permanent  ministry.  Our  Book 
recognizes  no  ministerial  relation  to  the  Church  as  thoroughly  legitimate 
and  vital  but  that  of  a  regularly  constituted  pastorate;  all  besides  this  it 
regards  as  exceptional  and  temporary. 

As  an  Assembly  we  feel  solemnly  bound  to  remind  the  Presbyteries 
and  churches  of  these  facts,  and  to  express  our  deep  sense  of  the  danger 
which  threatens  us,  in  consequence  of  a  very  manifest  decline  from  the 
law  and  the  practice  of  our  fathers  on  this  subject,  and  the  growing  evil 
of  frequent  change  of  pastoral  relations,  in  consequence  of  which  we  are 
somewhat  losing  a  peculiarity  which  has  given  us  distinction  in  times 
past,  and  are  becoming  more  and  more,  in  this  respect,  like  those  denom- 
inations among  whom  change  is  not  exceptional,  but  an  adopted 
principle  and  a  confirmed  habit.  For  Presbyterians  this  tendency  is 
alarming.  The  Assembly  would  therefore  warn  all  concerned  to  be  on 
their  guard  against  it.  Since  much  depends  upon  the  views  of  the 
subject  with  which  young  men  enter  the  ministry,  Ave  would  respect- 
fully suggest,  to  the  teachers  in  our  theological  seminaries,  the  importance 
of  emphasizing  their  instructions  in  regard  to  the  pastoral  office,  as  one 
to  be  desired  and  sought  as  a  divine  and  permanent  institution,  and  as 
absolutely  essential  to  the  most  healthful  development  and  increase  of 
the  Church  and  the  Christian  cause.  We  would  also  earnestly  call  upon 
all  our  churches  to  cooperate  with  their  Presbyteries  in  creating  and 
extending  a  public  sentiment  favoring  the  formation  of  pastoral  rela- 
tionships which  time  and  years  shall  only  serve  to  strengthen  and  to 
hallow,  and  which  may  suitably  represent  in  outward  form  the  stable 
tendencies  of  our  ancient  and  orthodox  faith.  Our  people  must  be 
encouraged  to  call  pastors  with  a  view  of  keeping  them ;  and  our  minis- 
ters must  enter  the  pastorate  to  abide.  When  the  two  parties  come 
together  with  such  views  and  purposes,  they  will  be  so  joined  together 
that  man  may  not  and  only  God  can  put  them  asunder.  At  the  same 
time,  the  Assembly  would  deprecate  undue  haste  in  the  consummation  of 
pastoral  ties  as  itself  prophetic  of  speedy  dissolution.  We  would  advise 
the  parties  to  take  time  to  ascertain  whether  they  have  a  proper  liking 
and  fitness  for  each  other,  and  not  marry  under  the  first  impulse  of 
inclination,  much  less  on  account  of  what,  at  the  moment,  may  appear 
the  best  or  the  only  chance.  Relationships  designed  to  be  lasting  must 
be  carefully  considered  and  prayerfully  entered  into;  then  will  the 
causes  which  so  frequently  unsettle  or  disturb  be  powerless,  and  the 
beautiful  order  of  the  pastorate  will  remain,  to  the  praise  of  God  and 
the  glory  of  the  Church,  in  the  midst  of  changes  which  mar  all  other 
relations  and  vitiate  so  many  of  the  works  of  man. — 1877,  pp.  542,  543. 

3.  Ministerial  rights  unaffected  by  being  honorably  retired. 

From  the  Synod  of  Cleveland,  inquiring  whether  those  ministers  whose 
names  in  the  Assembly's  Minutes  are  followed  by  the  letters  "  H.  R." 
have  still  the  right  to  preach,  to  administer  the  sacraments,  to  sit  in  the 
higher  judicatories  of  the  Church,  and  to  exercise  other  functions  of  the 
ministry,  as  in  former  times.  The  Committee  recommend  that  the 
following  answer  be  returned :  The  designation  referred  to  in  the  overture 
does  not  affect,  in  any  way,  the  status  of  the  minister,  or  deprive  him  of 
any  of  the  functions  of  his  ofiice. — Adopted  1875,  p.  507. 
[Note. — See  also  Form  of  Government,  Chap,  x,  Sec.  viii.] 
10 


146  FORM   OF   GOVERNMENT,    CHAP.    IV. 

4.  Installation  of  pastors-elect  insisted  on,  and  none  to  be  designated  as 
P.  E.  whose  call  has  not  been  regularly  acted  on. 

The  Committee  of  Bills  and  Overtures  reported  the  following  reso- 
lution : 

Whereas,  It  is  commonly  reported  that  in  several  of  our  Presbyteries 
the  custom  prevails,  first,  of  permitting  ministers  who  have  received  calls 
from  churches  to  serve  such  churches  through  a  series  of  years  without 
installation;  and,  secondly,  of  placing  the  names  of  such  ministers  in 
the  statistical  tables  as  pastors-elect  (P.E. );  and. 

Whereas,  Such  customs  are  manifestly  inconsistent  with  the  express 
requirements  or  implications  of  Form  of  Government,  Chap,  xv,  viii, 
and  xvi,  iii;  therefore. 

Resolved,  That  all  our  Presbyteries  be  enjoined: 

1.  To  take  order  that  as  soon  as  possible  after  a  licentiate  or  ordained 
minister  has  been  called  by  a  church  and  the  call  been  approved  and 
accepted  such  person  be  installed  as  pastor  of  the  church  calling  him. 

2.  To  place  the  names  of  none  in  the  statistical  tables  as  pastors-elect 
(P.E. )  whose  calls  have  not  been  regularly  approved  by  the  Presbytery 
having  charge  of  the  church  issuing  the  call,  and  who  have  not  signified 
their  acceptance  thereof  and  readiness  for  installation. — Adopted  1886, 
p.  56. 

II.   STATED  SUPPLIES. 

1.  Stated  supplies  to  be  discouraged. 

a.  The  Committee  on  Overture  No.  9,  viz.,  a  memorial  from  East 
Hanover  Presbytery  on  inefliiciency  in  the  ministry,  made  the  following 
report,  which  was  adopted,  viz. :  ....  3.  That  it  be  enjoined  on  all 
the  Presbyteries  to  take  such  measures  as  they  may  deem  expedient  for 
forming  the  pastoral  relation  in  a  regular  manner  in  all  cases  where 
churches  are  now  served  by  stated  supplies,  unless  there  be  special 
reasons  to  the  contrary,  of  which  reasons  the  Presbytery  is  required  to 
judge,  and  to  make  their  judgment  matter  of  record  on  their  minutes. — 
1834,  p.  450. 

b.  ^'Resolved,  That  it  be  enjoined  on  all  the  Presbyteries  to  take  early 
and  efficient  measures  for  terminating,  as  far  as  possible,  the  growing  Qy\\ 
of  the  system  of  stated  supplies,  and  for  leading  all  our  churches  to  seek 
the  regular  installation  of  their  stated  teachers  as  pastors  in  the  full  sense 
of  the  terra,  as  used  in  our  Form  of  Government." — 1839,  p.  177,  O.  S. 

C.  "  The  pastoral  office  should  be  more  and  more  highly  appreciated, 
practically  honored  and  mainly  promoted  in  all  our  judicatories  and 
churches  as  the  ordinary,  the  permanent,  and  the  incomparable  way  of 
the  Lord  in  promoting  his  own  cause  and  in  educating  his  people  for 
heaven."— 1840,  p.  17,  N.  S. ;  confirmed  1886,  p.  56. 

d.  "  That  the  relation  of  stated  supply  which  has  grown  up  between 
many  of  our  churches  and  ministers  is  unknown  in  our  system,  and 
tends  to  disorder  and  injury  in  many  ways.  The  Presbyteries  are  there- 
fore directed  to  supplant  it,  as  far  as  possible,  in  all  cases  by  the  regular 
pastoral  relation;  and  to  discountenance  it  as  a  permanent  relation." — 
1842,  p.  29,  O.  S.;  1895,  p.  102. 

e.  "  Churches  having  stated  supplies  only  are  not  such  churches  as  are 
contemplated  in  Form  of  Government,  Chap,  x.  Sec.  iv,  and  have  a 
right  of  representation  according  to  the  principles  of  the  Form  of  Gov- 
ernment, Chap.  X,  Sec.  v."— 1851,  p.  15,  N.  S. ;  1886,  p.  56. 


OF  STATED   SUPPLIES.  147 

f.  Resolved,  That  this  Assembly  observes  with  solicitude  aud  deep 
regret,  the  wide  extent  to  which  the  practice  of  admitting  stated  supplies 
prevails  throughout  the  Church,  aud  would  call  the  attention  of  our 
Presbyteries  especially  to  the  importance  of  discouraging  this  practice, 
and  would  recommend  that  our  Presbyteries,  as  far  as  possible,  insist 
upon  the  institution  of  the  pastoral  relation. — 1887,  p.  141. 

2.  Presbytery  can  terminate  stated  supply  at  discretion. 

"  Resolved,  That  as  Mr.  Clapp  was  merely  a  stated  supply  of  the 
church  in  New  Orleans,  the  Presbytery  of  Mississippi  had  a  right,  and 
it  was  their  duty,  under  existing  circumstances,  to  adopt  measures  to 
detach  him  from  said  congregation." — 1831,  p.  340. 

3.  Evang^elists  not  to  be  ordained  to  serve  as  stated  supplies. 

"  That  while  the  instability  of  the  pastoral  relation  arises  out  of  the 
uneasiness  incident  to  growing  and  changing  communities,  and  so  cannot 
be  removed  by  legislation,  still  the  Presbyteries  themselves  can  do  much 
to  abate  it  by  honoring  the  pastoral  relation,  and  declining,  except  in 
extraordinary  cases,  to  ordain  young  men  as  evangelists  to  serve  as  stated 
supplies."— 1869,  p.  262,  K  S. ;  1886,  p.  56. 

4.  Stated  supplies  have  no  pastoral  powers. 

Overture  from  the  Presbytery  of  Knox,  asking  a  reply  to  the  question, 
Has  a  stated  supply  the  right,  power,  and  prerogative  in  the  church 
Session  as  a  pastor  ? 

The  Committee  respectfully  recommend  that  the  Assembly  answer  the 
overture  in  the  negative. 

The  report  was  adopted. — 1877,  p.  549. 

5.  Have  only  such  rights  as  may  be  conferred  by  Presbytery. 

It  was  Resolved,  That  the  question  submitted  by  the  Presbytery  of 
Los  Angeles,  as  to  what  rights  and  prerogatives  belonging  to  a  pastor  a 
stated  supply  had  not,  be  answered.  That  stated  supplies  have  such  rights 
and  prerogatives  as  may  be  expressly  conferred  on  them  by  the  Presby- 
tery, and  no  other. — 1878,  p.  120. 

6.  Should  not  preach  in  the  pulpits  of  any  Presbytery  without  its 

consent. 

Overtures  from  the  Presbyteries  of  Lackawanna  and  Binghamton. 
Stated  supplies  should  not  preach  in  the  pulpits  of  any  Presbytery  without 
its  consent;  and,  when  the  consent  is  refused,  the  Presbytery  to  which 
such  minister  serving  as  stated  supply  belongs,  being  notified,  should 
recall  him  within  its  own  bounds. — Adopted  1874,  p.  83. 

7.  A  pastor-elect  not  stated  supply  ipso  facto. 

A  pastor-elect  is  not  stated  supply  bv  any  virtue  of  the  call  in  prog- 
ress.—1880,  p.  45. 

[See  also  under  Form  of  Government,  Chap,  ix.  Sec.  iii,  below.] 

8.  Deliverances  on  stated  supplies  reaffirmed. 

The  Committee  recommend  the  adoption  of  the  following:  Resolved, 
That  the  careful  attention  of  Presbyteries  be  directed  to  the  deliverances 
of  past  Assemblies  on  the  subject  of  stated  supplies,  as  they  are  set  forth 


148  FORM  OF  GOVERNMENT,  CHAP.  V. 

in  Chap,  iv  of  Moore's  Diged  (1886,  pp.  112,  113),  and  also  in  the 
Supplement  of  said  Dlged,  pp.  476-478,  all  which  deliverances  are 
hereby  reaffirmed  by  this  Assembly. — 1886,  p.  56. 

9.  What  is  a  stated  supply  ;  and  what  is  a  vacant  church  ? 

Overture  from  the  Presbytery  of  Bloomington,  asking  an  answer  to 
the  following  questions:  1.  What  is  a  stated  supply  ?  2.  What  is  a 
vacant  church  ? 

Ansiver.  Question  1.  The  official  title  "  stated  supply  "  is  unknown 
to  our  system  (Moore's  Digest,  1886,  p.  113).  Inasmuch,  however,  as 
the  growing  evil  has  been  recognized  by  the  Assembly,  in  so  far  as  to 
adopt  a  rule  for  the  record  of  stated  supplies  in  its  Minutes  (see  Minutes, 
1894,  p.  350,  Item  5),  it  is  recommended  that  the  Assembly  reply  to  the 
overture,  that  a  stated  supply  is  a  minister  employed  by  a  church,  with 
the  authority  of  Presbytery,  for  a  definite  time  or  period  of  service. 

Ansioer.  Question  2.  "  Every  congregation  or  church  is  vacant 
which  has  not  a  pastor  duly  installed  "  (Moore's  Digest,  1886,  p.  139). 
Adopted.— 1895,  p.  102. 

CHAPTER  V. 
OF  RULING  ELDERS. 

Ruling  Elders  are  properly  the  representatives  of  the  people,  chosen  by 
them  for  the  purpose  of  exercising  government  and  discipline,  in  con- 
junction with  pastors  or  ministers.  This  office  has  been  understood,  by 
a  great  part  of  the  Protestant  Reformed  Churches,  to  be  designated  in 
the  holy  Scriptures,  by  the  title  of  governments ;  and  of  those  who  rule 
well,  but  do  not  labor  in  the  Word  and  doctrine. 

[Note. — See  under  Form  of  Government,  Chap,  xiii.] 

1.  Ruling  elders  assistants  to  ministers. 

For  the  better  establishing  and  settling  congregations,  it  is  ordered  and 
appointed  that  in  every  congregation  there  be  a  sufficient  number  of 
assistants  chosen  to  aid  the  minister  in  the  management  of  congregational 
affairs.— 1714,  p.  37. 

2.  The  eldership  essential  to  the  existence  of  a  Presbyterian  Church. 

The  report  of  the  Committee  to  examine  the  records  of  the  Synod  of 
the  Western  Reserve  was  adopted,  and  is  as  follows,  viz. :  That  the 
records  be  approved,  with  the  exception  of  the  sentiment  on  page  154, 
viz.,  that  the  eldership  is  not  essential  to  the  existence  of  the  Presby- 
terian Church.  In  the  opinion  of  the  Committee  the  Synod  advance  a 
sentiment  that  contravenes  the  principles  recognized  in  our  Form  of 
Government,  Chap,  ii.  Sec.  iv;  Chap,  iii,  Sec.  ii;  Chap,  v;  Chap,  ix, 
Sees,  i,  ii.— 1833,  p.  404. 

[Note. — This  does  not  forbid  tlie  forming  of  congregations  for  religious  worship, 
where  they  may  not  liave  suitable  persons  among  them  to  sustain  the  office  of  ruling 
elder.     See  Chap,  ii,  Sec.  iv,  and  Minutes,  1890,  pp.  113-119.] 

3.  Elders  must  be  duly  elected  and  set  apart. 

[Note. — See  Form  of  Government,  Cliap.  xiii,  Sees,  i,  ii,  iv,  viii. 


OF    RULING    ELDERS.  149 

4.  A  ruling"  elder  without  charge  has  no  seat  in  a  church  court. 

Resolved,  That  no  ruling  elder,  who  has  retired  from  the  active  exer- 
cise of  his  office  in  the  church  to  which  he  belongs,  can  be  admitted  as 
a  member  of  Presbytery,  Synod,  or  General  Assembly. — 1835,  p.  489. 

Note. — See  Chap,  xiii,  Sec.  viii  (Term  Service):  "Provided,  That,  elders,  once 
ordained,  shall  not  be  divested  of  the  office  when  they  are  not  reelected,  but  shall  be 
entitled  to  represent  that  particular  church  in  thehigherjudicatories,  when  appointed 
by  the  Session  or  the  Presbytery."] 

5.  An  elder  cannot  hold  office  in  two  churches  at  the  same  time. 

The  Judicial  Committee  reported  that,  by  permission  of  the  Assembly, 
a  complaint  was  presented  to  them  by  the  Rev.  Dr.  Ashbel  Green,  in 
behalf  of  a  minority,  against  a  decision  of  the  Synod  of  Philadelphia,* 
recorded  on  the  Synod  book,  page  168,  by  which  complaint  the  follow- 
ing question  is  presented  for  the  decision  of  the  Assembly,  viz. : 

Is  it  consistent  with  the  Constitution  of  this  Church  for  the  same 
indi^ddual  to  hold  the  office  of  ruling  elder  in  two  different  churches  at 
the  same  time  ? 

When  it  was  resolved  by  the  Assembly  that  the  decision  of  the  Synod 
be  affirmed,  and  the  complaint  dismissed. — 1827,  p.  204. 

6.  Nor  adjudicate  in  a  church  of  which  he  is  not  an  elder. 

[Note. — See  under  Chap,  ix.  Sec.  i  (3),  p.  158.] 

7.  An  elder  has  the  same  right  to  sit  in  Synod  as  in  Presbytery. 

Has  an  elder,  whom  the  discipline  of  our  Church  authorizes  to  sit  as  a 
member  in  Presbytery,  from  a  vacant  congregation  or  united  congrega- 
tions, a  right  by  that  discipline  to  sit  in  Synod,  as  a  representative  of 
such  congregation  or  congregations  ? 

The  question  was  determined  in  the  affirmative. — 1808,  p.  403. 

8.  When  an  elder  has  been  suspended  from  church  privileges,  and  is 

restored,  he  is  not  thereby  restored  to  office. 

"  When  an  elder  has  been  suspended  from  churcli  privileges,  for  an 
offence,  and  again  restored  to  the  privileges  of  the  churcli,  is  he  also 
restored  to  his  office  as  a  ruling  elder  ?' '  should  be  answered  in  the  nega- 
tive. The  two  things  are  distinct;  and  since  an  elder,  as  well  as  a 
minister,  may  be  suspended  from  his  office,  and  not  from  the  communion 
of  the  church,  so  there  may  be  reasons  for  continuing  his  suspension 
from  his  office  after  he  is  restored  to  the  privileges  of  the  church.  He 
cannot  be  restored  to  the  functions  of  his  office  without  a  special  and 
express  act  of  the  Session  for  that  purpose,  with  the  acquiescence  of  the 
church.— 1836,  p.  521. 

9.  Elders  are  not  to  participate  in  the  ordination  of  ministers  by  the 

laying  on  of  hands. 

a.  In  answer  to  a  communication  from  the  Presbytery  of  the  Western 
District  on  the  subject  of  allowing  ruliug  elders  to  unite  in  the  imposi- 
tion of  hands  in  the  ordination  of  bishops:  The  Committee  unanimously 
recommend  an  adherence  to  the  order,  and,  until  recently,  the  uniform 

*  The  Synod  having  rejected  a  resolution  declaring  it  lawful  for  an  elder  to  exercise 
the  office  in  two  different  congregations  at  the  same  time. 


150  FORM  OF  GOVERNMENT,  CHAPS.  V-VI. 

practice  of  our  Church  on  this  subject,  viz. :  to  allow  preaching  elders  or 
bishops  only  to  engage  in  that  service. 

Which  was  adopted.— 1842,  p.  16,  O.  S. 

b.  Resolved,  That  it  is  the  judgment  of  this  General  Assembly  that 
neither  the  Constitution  nor  the  practice  of  our  Church  authorizes  ruling 
elders  to  impose  hands  in  the  ordination  of  ministers.  [Yeas  138, 
nays  7,  non  liquet  1,  excused  2.] — 1843,  p.  183,  O.  S. 

C.  In  answer  to  a  I'equest  to  reverse  the  above  decision,  the  Assembly 

Resolved,  That  in  the  opinion  of  this  Assembly,  the  last  Assembly,  in 
determining  that  ruling  elders  are  not  authorized  by  the  Form  of  Gov- 
ernment to  impose  hands  in  the  ordination  of  ministers,  did  not  depreciate 
the  office  of  ruling  elder,  nor  did  they  in  any  respect  contravene  the 
letter  or  the  spirit  of  the  Constitution,  or  the  principles  and  practice  of 
Presbyterian  Churches  in  Europe  or  America  since  the  Reformation ;  but 
in  conformity  with  both  the  principles  and  practice  of  our  own  and  other 
Presbyterian  Churches,  they  did  decide  that  as  the  rite  of  ordination  is 
simply  a  declaratory  ministerial  act,  the  laying  on  of  hands  as  a  part 
thereof  belongs  properly  to  ordained  ministers,  while  to  ruling  elders  is 
left  unimpaired  and  unquestioned  the  full  and  rightful  power  of  ordering 
the  work  of  ordination,  and  of  judging  in  the  discipline  of  ministers  in 
common  with  those  Presbyters  who  labor  in  word  and  doctrine,  as  in  all 
other  cases.      [Yeas  154,  nays  25.]— 1844,  p.  370,  O.  S. 

[Against  the  above  action  a  protest,  signed  by  twenty-two  members 
of  the  Assembly,  was  entered  and  received.  The  protest  and  the  answer 
of  the  Assemblv  may  be  found  in  Baird's  Collection,  revised  edition, 
pp.  75-80.] 

d.  The  Committee  on  the  Polity  of  the  Church  reported  an  answer  to 
the  inquiry,  "  Ought  the  eldership  to  participate  in  the  ordination  of 
ministers  by  laying  on  of  hands  ?' '  as  follows : 

It  is  a  recognized  principle  of  our  Church  polity,  in  accordance,  as  we 
believe,  with  apostolic  teaching,  that  bishops,  ministers  and  elders 
constitute  but  one  grade  or  rank  of  officers  in  the  Christian  Church,  and 
hence  that  in  all  our  Church  judicatories  they  have  equal  rights  and 
powers.  In  all  the  judicial  business  of  the  Church  all  are  Presbyters 
alike.  (See  Form  of  Government,  Chap,  ix,  Sees,  i,  ii,  iv;  Chap,  x, 
Sees,  ii  to  \ai;  Chap,  xi.  Sees,  i,  ii;  and  Chap,  xii,  Sec.  ii. )  Still  it 
cannot  be  denied  that  in  the  Bible  a  distinction  is  recognized  between 
those  Presbyters  who  rule  only  and  those  who  both  rule  and  preach.  In 
the  practice  of  the  Presbyterian  Church  in  all  its  branches  this  distinc- 
tion has  become  very  marked.  Some  are  set  apart  expressly  to  preach 
the  Gospel  and  to  administer  the  ordinances  of  God's  house.  They  are 
Presbyters  in  common  with  others;  but  as  ministers  of  Christ,  they  have 
functions  and  rights  peculiar  to  themselves,  and  are  required  to  possess 
proper  qualifications.  In  the  ordination  of  ministers  your  Committee 
believe  there  are  two  distinct  things  to  be  done:  1.  The  examination  and 
approval  of  the  candidate.  In  this  all  the  members  of  the  Presbytery 
participate  alike;  and,  2.  The  formal  act  of  induction  into  office,  in 
which,  by  almost  universal  consent,  as  Ave  suppose,  only  minister 
officiate.  It  is  true  our  Form  of  Government,  Chap,  xv,  Sec.  xiv, 
speaks  of  the  whole  Presbytery  as  laying  on  hands  and  giving  the  right 
hand  of  fellowship.  But  every  statute  should  be  construed  consistently 
with  itself  and  with  general  usage  under  the  statute.  Your  Committee 
would  suggest  that  the  act  of  induction  is  ministerial,  not  judicial.     And 


OF    RULING    ELDERS.  151 

as  in  respect  to  baptism,  the  elders,  jointly  with  the  pastor,  determine 
who  shall  be  admitted  to  this  ordinance;  yet  the  pastor  only  administers 
it;  so  in  ordination — the  whole  Presbytery  determine  the  fitness  of  the 
candidate,  but  only  the  ministers  present  induct  into  office.  This,  we 
believe,  has  been  the  universal  practice  under  this  rule;  and  that  this 
usage  was  intended  by  the  framers  of  the  book  seems  probable  from  the 
fact  that  in  the  form  of  induction  those  aiding  in  the  service  are  directed 
to  extend  to  the  new  minister  their  right  hands,  saying,  "  We  give  you 
the  right  hand  of  fellotvship  to  take  part  of  this  minidry  with  us."  This 
language  manifestly  implies  that  those  welcoming  him  do  themselves 
occupy  places  in  that  ministry  to  which  they  welcome  him.  The  Com- 
mittee therefore  recommend  that  the  question  be  answered  in  the  nega- 
tive. The  report  was  adopted.— 1860,  p.  242,  N.  S. ;  1890,  p.  113. 
See  also  under  Chap,  xv,  Sec.  xiv,  F.  G. 

10.  Ruling  elders  may  not  administer  sealing  ordinances. 

The  Committee  on  Bills  and  Overtures  reported  as  follows: 
An  overture  from  the  Presbytery  of  Peoria,  on  the  authority  of  ruling 
elders  to  administer  sealing  ordinances:  The  Committee  recommend  that 
they  be  referred  to  the  Standards,  Directory  for  Worship,  Chap,  viii, 
Sec.  i,  and  Chap,  ix  throughout. 

The  report  was  adopted. — 1870,  p.  22. 

11.  Ruling  elders  may  explain  the  Scriptures  and  exhort  in  the  absence 

of  the  pastor. 

On  page  10,  Vol.  iv  of  these  Minutes,  Mississippi  Synod  takes  excep- 
tions to  the  minute  of  Louisiana  Presbytery;  because  this  Presbytery 
considers  it  not  inconsistent  with  the  principles  of  our  Church  for  ruling 
elders,  in  the  absence  of  the  pastor,  to  read  the  Sci'iptures  and  explain 
them,  and  to  endeavor  to  enforce  the  truth  upon  the  conscience  by 
suitable  exhortations.  The  Assembly  believe  the  Presbytery  of  Louisiana 
were  right,  according  to  Chap,  xxi,  Form  of  Government. — 1856,  p. 
538,  O.  S. 

12.  The  proper  court  to  try  ruling  elders  in  a  given  case. 

The  following  question  from  the  Presbytery  of  Genesee  was  presented 
by  the  Committee  of  Overtures,  viz. : 

Common  fame  accuses  two  ruling  elders  of  a  church  (they  being  the 
only  acting  elders)  of  unchristian  conduct,  which  took  place  several 
years  ago,  but  which  has  lately  been  made  known  to  the  Presbytery  with 
which  said  church  is  connected.  What  is  the  duty  of  the  Presbytery 
in  the  case  ? 

Resolved,  That  the  Presbytery  is  the  competent  court  to  try  these  two 
elders,  and  that  it  is  their  duty  to  cite  the  offending  persons  before  them, 
and  proceed  to  issue  the  case. — 1825,  pp.  142,  144.  [See  below  under 
Chaps,  ix  and  xiii.] 

13.  Ministers  are  not  eligible  to  the  ruling  eldership. 
[NoTK. — See  below  under  Chap,  xiii,  Sec.  ii,  9,  a,  b,  c,  d,  e,  f,  g.] 

CHAPTER  VI. 

OF  DEACONS. 

The  Scriptures  clearly  point  out  Deacons  as  distinct  officers  in  the 
Church,  whose  business  it  is  to  take  care  of  the  poor,  and  to  distribute 


152  FORM  OF  GOVERNMENT,  CHAPS.  VI- VII. 

among  them  the  collections  which  may  be  raised  for  their  use.  To  them 
also  may  be  properly  committed  the  management  of  the  temporal  affairs 
of  the  Church. 

1.  Their  functions.— They  have  no  judicial  power. 

We  need  only  represent  unto  you  the  ends  and  institution  of  Scrip- 
ture deacons,  and  that  there  is  no  juridical  power  allowed  them  in  the 
Scriptures. — 1716,  p.  42. 

2.  The  temporalities  of  the  church  may  be  committed  to  them, 

In  answer  to  the  inquiry,  "  What  are  the  nature  and  duties  of  the 
office  of  deacon  ?"  we  reply:  The  answer  we  conceive  to  be  explicitly 
given  in  our  Form  of  Government,  Chap.  vi.  Their  duties  there  are 
plainly  made  to  consist  in  distributing  the  charities  of  the  church  to 
which  they  belong  to  the  poor  of  that  church.  Over  charities  collected 
for  any  other  purpose  than  those  specified,  their  office  gives  them  no 
control.  In  addition  to  this,  the  temporalities  of  the  church  generally 
may  be  committed  to  their  care. — 1833,  p.  405. 

[Note. — See  Report  of  the  Special  Committee  on  Cliurch  Temporalities,  1896,  pp. 
183-186.    See,  also,  for  powers  of  deacons  as  trustees,  under  Trustees,  on  p.  122.] 

3.  The  appointment  of  deacons  urged. 

Overtui'e  from  the  Presl)ytery  of  Pittsburgh,  on  the  subject  of  deacons. 
The  Committee  recommend — in  response  to  the  memorial  regarding  the 
functions  of  deacons,  and  requesting  that,  in  respect  to  the  care  of  the 
poor,  their  business  be  so  defined  as  not  to  exclude  the  poor  and  the  sick 
outside  the  Church — the  adoption  of  the  following  resolutions: 

Resolved,  1.  That  the  Assembly  regards  the  office  of  deacon  as  pro- 
viding proper  Scriptural  and  feasible  means  for  such  exercise  of  charity, 
as  will  aid  in  extending  the  influence  of  the  Church  among  the  poor, 
and  opening  the  way  for  more  direct  spiritual  ministrations. 

Resolved,  2.  That  the  Assembly,  rejoicing  in  all  that  is  accomplished 
by  others,  express  their  most  decided  approval  of  all  institutions  for  the 
care  of  the  poor  and  sick,  conducted  by  Presbyterians,  and  regarding 
with  pleasure  their  increa.sing  number,  earnestly  advises  their  multiplica- 
tion. 

Resolved,  3.  That  the  Presbyterian  Church  has  always  recognized  the 
office  of  deacon;  and  the  Assembly  renewedly  call  the  attention  of  the 
churches  to  the  provisions  of  the  Form  of  Government  in  the  case. 
[See  F.  G.,  Chap,  xiii.  Sec.  ii.]— 1871,  pp.  588,  589;  also,  1840,  p. 
286,  O.S.;  1841,  p.  418,  O.  S. ;  1856,  p.  535,  O.  S. 

4.  May  a  person  at  once  be  deacon  and  elder? 

a.  Resolved,  That  while  it  is  important  and  desirable  that  the  several 
offices  in  the  Christian  Church  should  be  kept  distinct,  and  be  sustained 
by  diflferent  individuals  wherever  a  sufficient  number  of  competent  men 
can  be  found,  yet  in  the  opinion  of  this  Assembly  it  is  not  inconsistent 
with  the  constitution  of  the  Presbyterian  Church,  nor  with  the  precedent 
furnished  in  filling  the  office  of  deacon  at  its  first  institution,  that  where 
a  necessity  exists,  the  same  individual  should  sustain  both  offices. — 
1840,  p.  306,  O.  S. 

b.  Overture,  being  a  petition  from  Rev.  Moses  D.  A.  Steen,  asking 
the  following  question : 


OP   DEACONS.  153 

"When  a  deacon  iu  any  church  is  elected  and  installed  a  ruling  elder  in 
the  same  church,  does  he  cease  to  exercise  the  functions  of  his  office  as 
deacon? — Ansiver.  Not  necessarily.  See  Moore' s  Z>t^esf,  1886,  p.  119. 
—Adopted  1880,  p.  56. 

5.  Deacons  may  distribute  the  bread  and  wine  at  the  communion. 

a.  Overture,  asking,  "  Is  it  in  accordance  with  Presbyterian  law  and 
usage  that  deacons  distribute  to  the  church  members  the  bread  and  wine 
in  the  sacrament  of  the  Lord's  Supper?"  The  Committee  recommend 
that  the  Assembly  answer  "  Yes,"  and  refer  to  the  Digest,  1873,  p.  119. 
—Adopted  1874,  p.  84;  1867,  p.  497,  N.  S. 

b.  Is  the  action  taken  by  the  Assembly  of  1874,  p.  84,  of  Minutes, 
Overture  No.  25,  to  be  interpi-eted  as  directing  that  the  serving  of  the 
elements  at  the  Lord's  Supper  belongs  indifferently  to  the  elders  and 
deacons  ? 

Your  Committee  would  respectfully  recommend  the  following  reply: 
The  above  question  is  answered  on  p.  119  of  Moore's  Digest,  which  says 
that,  "  Inasmuch  as  we  have  no  rule  in  relation  to  the  subject,  the 
matter  is  referred  to  the  discretion  of  the  Sessions  of  the  churches." 
Adopted.— 1877,  p.  516. 

6.  To  the  deacons  belongs  exclusively  the  control  of  funds  for  the  poor. 

1.  Has  the  church  Session  any  original  or  direct  control  over  the 
management  and  distribution  of  the  fund  collected  and  in  the  hands  of 
the  deacons  for  the  benefit  of  the  poor  of  the  church  ? 

2.  Or  does  the  management  of  this  fund  belong  exclusively  to  the 
deacons  ? 

3.  If  the  Session  has  any  control  over  this  fund,  what  is  the  nature  and 
extent  of  that  control  ? 

The  Committee  recommend  that  the  first  inquiry  be  answered  in  the 
negative,  the  second  in  the  affirmative,  and  that  the  third  be  answered, 
"  They  may  advise  respecting  the  use  of  funds."  Adopted. — 1857,  p. 
24,  O.  S. 

7.  Deacons  may  not  represent  the  church  in  church  courts. 

The  record  [Synod  of  Buffalo],  p.  156,  would  lead  to  the  belief  that 
a  deacon  of  the  Church  was  admitted  to  a  seat  in  Synod,  which,  if  so, 
is  in  violation  of  the  principles  of  our  Church  government. — 1860,  p. 
34,  O.  S.      [See  1  above.] 

[Note. — For  questions  pertaining  to  the  election,  ordination  and  installation  of 
deacons,  see  Form  of  Government,  Chap,  xiii,  Sees,  ii,  viii.l 

CHAPTER  VII. 
OF  ORDINANCES  IN  A  PARTICULAR  CHURCH. 

The  ordinances  established  by  Christ,  the  head,  in  a  particular  church, 
which  is  regularly  constituted  with  its  proper  officers,  are  prayer,  singing 
praises,  reading,  expounding  and  preaching  the  word  of  God ;  administer- 
ing Baptism  and  the  Lord's  Supper;  public  solemn  fasting  and  thanks- 
giving, catechising,  making  collections  for  the  poor  and  other  pious 
purposes;  exercising  discipline,  and  blessing  the  people. 

[Note. — See  under  Directory  for  Worship,  Chaps,  iii,  iv,  v,  vi,  vii,  viii,  xiv  and  xv. 
The  subject  of  collections  for  pious  uses  has  occupied  much  of  the  attention  of  the 
Assemblies  for  many  years.  In  1854  the  Assembly,  O.  S.,  issued  an  address  at  once 
comprehensive  and  exhaustive.  See  Baird,  pp.  174-180.  See  also  under  Chap,  xii, 
Sec.  V,  on  Benevolence  and  Finance.] 


154  FORM    OF   GOVERX.MEXT,    CHAP.    VIII. 

CHAPTER  VIII. 

OF  CHURCH  GOVERNMENT,  AND  THE  SEVERAL  KINDS 
OF  JUDICATORIES 

I.  It  is  absolutely  necessary  that  the  government  of  the  church  be 
exercised  under  some  certain  and  definite  form.  And  we  hold  it  to  be 
expedient,  and  agreeable  to  Scripture  and  the  practice  of  the  primitive 
Christians,  that  the  church  be  governed  by  Congregational,  Presbyterial, 
and  Synodical  Assemblies.  In  full  consistency  with  this  belief,  we 
embrace,  in  the  spirit  of  charity,  those  Christians  who  differ  from  us,  in 
opinion  and  practice,  on  these  subjects. 

II.  These  assemblies  ought  not  to  possess  any  civil  jurisdiction,  nor  to 
inflict  any  civil  penalties.  Their  power  is  wholly  moral  or  spiritual,  and 
that  only  ministerial  and  declai'ative.  They  possess  the  right  of  requir- 
ing obedience  to  the  laws  of  Christ;  and  of  excluding  the  disobedient 
and  disorderly  from  the  privileges  of  the  church.  To  give  efficiency, 
however,  to  this  necessary  and  scriptural  authority,  they  possess  the 
powers  requisite  for  obtaining  evidence  and  inflicting  censure.  They 
can  call  before  them  any  offender  against  the  order  and  government  of 
the  church ;  they  can  require  members  of  their  own  society  to  appear  and 
give  testimony  in  the  cause;  but  the  highest  punishment  to  which  their 
authority  extends,  is  to  exclude  the  contumacious  and  impenitent  from 
the  congregation  of  believers. 

1.  Union  of  Churcli  and  State  disavowed.    Relation  to  the  State. 

The  Committee  to  whom  was  recommitted  the  report  on  the  reference 
from  the  Presbyteries  of  Madison  and  Lancaster,  reported,  and  their 
report  was  adopted,  and  is  as  follows,  viz. : 

That  said  Presbyteries  invite  the  attention  of  the  General  Assembly  to 
certain  slanderous  reports  extensively  circulated  against  the  Presbyterian 
and  other  denominations,  involving  the  charge  of  an  attempt  on  the  part 
of  these  denominations  to  unite  Church  and  State,  and  thus  subvert  the 
civil  institutions  of  our  country,  and  intimate  their  desire  that  this 
Assembly  would  take  order  on  the  subject,  and  by  some  public  act 
disabuse  themselves  and  their  constituents  of  such  unfounded  and  injurious 
imputations. 

In  the  opinion  of  your  Committee  no  public  act  is  necessary  on  the 
part  of  this  Assembly  to  refute  a  charge  wholly  unsupported  l)y  testimony 
and  facts;  uor  any  exposition  of  their  principles  in  relation  to  civil 
magistracy  and  the  claims  of  the  Church  demanded,  other  than  that 
contained  in  our  acknowledged  ecclesiastical  Standards,  and  published  to 
the  Avorld.  For  the  better  information,  however,  of  any  who  may  be  in 
danger  of  imposition  from  unfounded  statements,  the  Assembly  would 
refer  to  the  following  exhibition  of  their  principles  as  contained  in  the 
accredited  constitution  of  the  Church. 

' '  God,  the  supreme  Lord  and  King  of  all  the  world,  hath  ordained 
civil  magistrates  to  be  under  him  over  the  people,  for  his  own  glory  and 
the  public  good,  and  to  this  end  hath  armed  them  with  the  power  of  the 


OF    CHURCH   GOVERNMENT    AND   JUDICATORIES.  155 

sword,  for  the  defence  and  encouragement  of  them  that  are  good,  and 
for  the  punishment  of  evil-doers. 

"  It  is  lawful  for  Christians  to  accept  and  execute  the  office  of  magis- 
trate, when  called  thereunto;  in  the  managing  whereof,  as  they  ought 
especially  to  maintain  piety,  justice,  and  peace,  according  to  the  whole- 
some laws  of  each  commonwealth,  so,  for  that  end,  they  may  lawfully, 
now  under  the  New  Testament,  wage  war  upon  just  and  necessary 
occasions. 

"  Civil  magistrates  may  not  assume  to  themselves  the  administration 
of  the  Word  and  Sacraments;  or  the  power  of  the  keys  of  the  kingdom  of 
heaven;  or,  in  the  least,  interfere  in  matters  of  faith.  Yet,  as  nursing 
fathers,  it  is  the  duty  of  civil  magistrates  to  protect  the  Church  of  our 
common  Lord,  without  giving  the  preference  to  any  denomination  of 
Christians  above  the  rest,  in  such  a  manner,  that  all  ecclesiastical  persons 
whatever  shall  enjoy  the  full,  free,  and  unquestioned  liberty  of  discharg- 
ing every  part  of  their  sacred  functions,  without  violence  or  danger. 
And,  as  Jesus  Christ  hath  appointed  a  regular  government  and  discipline 
in  his  church,  no  law  of  any  commonwealth  should  interfere  with,  let,  or 
hinder,  the  due  exercise  thereof,  among  the  voluntary  members  of  any 
denomination  of  Christians,  according  to  their  own  profession  and  belief. 
It  is  the  duty  of  civil  magistrates  to  protect  the  person  and  good  name 
of  all  their  people,  in  such  an  effectual  manner  as  that  no  person  be 
suffered,  either  upon  pretence  of  religion  or  infidelity,  to  offer  any  indig- 
nity, violence,  abuse,  or  injury,  to  any  other  person  whatsoever;  and 
to  take  order,  that  all  religious  and  ecclesiastical  assemblies  be  held 
without  molestation  or  disturbance. 

"It  is  the  duty  of  the  people  to  pray  for  magistrates,  to  honor  their 
persons,  to  pay  them  tribute  and  other  dues,  to  obey  their  lawful  com- 
mands, and  to  be  subject  to  their  authority,  for  conscience'  sake.  Infi- 
delity or  difference  in  religion  doth  not  make  void  the  magistrate's  just 
and  legal  authority,  nor  free  the  people  from  their  due  obedience  to  him ; 
from  which  ecclesiastical  persons  are  are  not  exempted ;  much  less  hath 
the  Pope  any  power  or  jurisdiction  over  ihem  in  their  dominions,  or  over 
any  of  their  people;  and  least  of  all,  to  deprive  them  of  their  dominions 
or  lives,  if  he  shall  judge  them  to  be  heretics,  or  upon  any  other  pretence 
whatsoever. ' '  * 

"  Synods  and  councils  are  to  handle  or  conclude  nothing,  but  that 
which  is  ecclesiastical;  and  are  not  to  intermeddle  with  civil  affliirs 
which  concern  the  commonwealth,  unless  by  way  of  humble  petition,  in 
cases  extraordinary ;  or  by  way  of  advice  for  satisfaction  of  conscience, 
if  they  be  thereunto  required  by  the  civil  magistrate."! 

"  That  God  alone  is  Lord  of  the  conscience,  and  hath  left  it  free  from 
the  doctrine  and  commandments  of  men,  which  are  in  anything  contrary 
to  his  word,  or  beside  it,  in  matters  of  faith  or  worship.  Therefore 
they  consider  the  rights  of  private  judgment  in  all  matters  that  respect 
religion,  as  universal  and  unalienable.  They  do  not  even  wish  to  see  any 
religious  constitution  aided  by  the  civil  power,  further  than  may  be 
necessary  for  protection  and  security,  and  at  the  same  time,  be  equal  and 
common  to  all  others. ' '  l 

Such  are  the  constitutional  principles  of  the  Presbyterian  Church  in 
these   United   States.     They   were   our  fathers'    principles  before   and 

*  Confession  of  Faith,  Chap,  xxiii.  I  Form  of  Government,  Chap,  i,  Sec.  i.] 

t  Ibid.,  Chap,  xxxi,  Sec.  4. 


156  FORM  OF  GOVERNMENT,  CHAPS.  VIII-IX. 

during  the  revolution,  which  issued  in  the  consummatiou  of  our  liberty 
and  independence,  and  under  the  influence  of  which  they  prayed,  and 
fought,  and  bled,  by  the  side  of  the  father  of  our  country.  They  have 
been  the  principles  of  tlieir  descendants  ever  since.  They  are  our  princi- 
ples still,  adopted  from  conviction,  to  whose  support  we  have  pledged 
ourselves  under  the  most  solemn  sanctions,  and  by  the  preservation  of 
which  we  believe  that  the  common  interests  of  evangelical  religion  and 
civil  liberty  will  be  most  effectually  sustained. 

In  closing  this  statement  the  Assembly  would  affectionately  and  earnestlv 
exhort  the  members  of  their  communion  that  in  the  fulfillment  of  their 
civil  and  religious  duties  they  watch  against  all  unhallowed  feelings,  and 
that  they  suffer  reproach  meekly,  not  rendering  railing  for  railing,  nor 
evil  for  evil,  but  by  patient  continuance  in  well-doing,  they  commend 
themselves  to  every  man's  conscience  in  the  sight  of  God. — 1830,  pp. 
299,  300.      [See  also  Minutes,  1873,  pp.  502,  503.] 

2.  Right  of  any  judicatory  to  bear  testimony  against  erroneous  and 
injurious  publications. 

Resolved,  That  in  the  judgment  of  this  General  Assembly  it  is  the 
right,  and  may  be  the  duty,  of  any  judicatory  of  our  Church  to  take  up, 
and  if  it  see  cause,  to  bear  testimony  against  any  printed  publication 
which  may  be  circulating  within  its  bounds,  and  which,  in  the  judgment 
of  that  judicatory,  may  be  adapted  to  inculcate  injurious  opinions;  and 
this  whether  the  author  be  living  or  dead,  whether  he  be  in  the  com- 
munion of  our  Church  or  not,  whether  he  be  a  member  of  the  judicatory 
expressing  the  opinion  or  of  some  other.  A  judicatory  may  be  solemnly 
called  upon  to  warn  the  churches  under  its  care,  and  aspecially  the  rising 
generation,  against  an  erroneous  book  while  the  author  may  not  be 
within  their  bounds,  or  immediately  responsible  at  their  bar,  and  while, 
even  if  he  were  thus  responsible  and  within  their  reach,  they  might  not 
think  it  necessary  to  arraign  him  as  a  heretic.  To  deny  our  judicatories, 
as  guardians  of  the  churches,  this  right  would  be  to  deny  them  one  of 
the  most  precious  and  powerful  yieans  of  bearing  testimony  against  dan- 
gerous sentiments,  and  guarding  the  children  of  the  Church  against 
' '  that  instruction  which  causeth  to  err. ' '  The  writer  of  such  a  book 
may  reside  at  a  distance  from  the  neighborhood  in  which  his  work  is 
circulating  and  supposed  to  be  doing  mischief,  or  he  may  be  so  situated 
that,  even  if  it  be  proper  to  commence  process  against  him,  it  may  not 
be  possible  to  commence,  or  at  any  rate,  to  issue  that  process  within  a 
number  of  months.  In  the  meanwdiile,  if  the  right  in  question  be 
denied,  this  book  may  be  scattering  poison  without  the  possibility  of 
sending  forth  an  effectual  antidote.  Indeed,  it  may  be  indispensably 
necessary  in  cases  which  may  easily  be  imagined,  to  send  out  such  a 
warning,  even  though  the  author  of  the  book  were  fully  acquitted  from 
the  charge  of  heresy. — 1835,  p.  485. 

3.  Judicial  authority  cannot  be  granted  to  bodies  other  than  those 
established  by  the  Constitution. 

Overture  from  Rev.  John  H.  Morrison,  the  Moderator  of  the  Second 
Council  of  the  Presbyterian  Alliance  of  India,  asking  the  Assembly,  in 
behalf  of  the  Council: 

1.  To  recognize  its  judicial  authority,  so  far  as  to  authorize  it  to  decide 
finally  cases  of  appeal  in  matters  of  discipline  referred  to  the  Alliance 


OF    CHURCH    GOVERNMENT    AND    JUDICATORIES,  157 

by  the  parties  concerned,  in  accordance  with  the  rules  of  their  respective 
churches,  in  regard  only  to  native  churches,  office-bearers,  and  ministers. 

2.  To  grant  a  part  of  the  Church' s  outlay  in  India  (the  precise  portion 
to  be  settled  by  correspondence  with  the  Boards  of  other  Presbyterian 
bodies  concerned  in  its  support)  for  the  maintenance  of  an  efficient 
theological  college  at  Allahabad,  which  shall  have  a  staff  of  at  least  three 
ordained  professors,  under  the  control  of  the  Presbyterian  Alliance  of 
India,  for  the  training  of  young  men  for  spiritual  work. 

It  is  not  asked,  in  behalf  of  the  Alliance,  that  any  legislative  powers 
should  be  given  them,  or  any  judicial  authority  to  deal  with  cases  of 
heresy,  until  such  times  as  a  common  standard  of  faith  and  polity  has 
been  adopted  by  all  the  native  Presbyterian  bodies  of  India. 

In  response  to  these  requests,  and  in  view  of  the  important  statements 
made  by  the  Council  that  the  "  twelve  Presbyterian  churches  now 
represented  in  India  are  all  Presbyterian  in  government  and  Calvinistic 
in  doctrine," 

The  Committee  recommend: 

1.  That  this  Assembly  renew  the  approval,  by  the  Assembly  of  1879, 
of  the  confederation  of  the  churches  and  ministers  connected  with  the 
Synod  of  India,  with  other  similar  bodies  holding  the  same  faith  and 
order,  not  only  so  far  as  regards  periodical  meetings  for  friendly  consul- 
tation for  the  advancement  of  the  Redeemer' s  kingdom  in  that  land,  and 
the  promotion  of  brotherly  cooperation  among  the  Presbyterian  bodies 
in  India,  but  also  for  the  purpose  of  forming  organic  relations  with  each 
other,  so  soon  as,  in  the  providence  of  God,  the  way  may  seem  clear  for 
more  united  and  efficient  work  in  that  great  field  of  Christian  evangeli- 
zation. 

2.  That  this  Assembly  renew,  also,  the  judgment  of  the  Assembly  of 
1879,  that,  for  purposes  of  representation  only,  the  ministers,  both 
foreign  and  native,  connected  with  the  Synod  of  India,  retain  their 
connections  with  their  respective  Presbyteries,  so  as  to  be  entitled  to  vote 
in  the  appointment  of  Commissioners  to  the  General  Assembly,  and  so 
as  to  be  able  to  conduct  all  their  ecclesiastical  affiiirs  in  a  constitutional 
and  orderly  manner,  especially  until  such  times  as  a  common  standard  of 
faith  and  polity  shall  be  adopted  by  the  churches  represented  in  the 
Presbyterian  Alliance  of  India. 

3.  Inasmuch  as  the  Synods  have  now  been  made  judicatories  of  the 
last  resort  in  all  cases  of  appeal  "  not  involving  the  Constitution  or 
doctrine  of  the  Church,"  the  Committee  recommend,  that  the  Assembly 
declare,  that  the  request  to  confer  judicial  authority  on  the  Presbyterian 
Alliance,  to  decide  cases  of  appeal  in  matters  of  discipline  not  involving 
cases  of  heresy,  cannot  be  granted  in  accordance  with  the  Constitution. 
Adopted.— 1881,  pp.  589,  590.     (See  1879,  p.  620.) 

[Note. — See  under  Form  of  Government,  Chap,  ix,  Sec.  i,  1896,  p.  147.] 


CHAPTER  IX. 

OF  THE  CHURCH  SESSION. 

1.    The  church  session  consists  of  the  pastor  or  pastors,  and  ruling 
elders,  of  a  particular  congregation. 


158  FORM  OF  GOVERNMENT,  CHAP.  IX. 

1.  A  special  Session  unconstitutional.    An  offender  must  be  tried  by  the 
constitutional  judicatories. 

a.  The  Presbytery  of  Miami  did  appoint  a  special  Session  composed  of 
elders  belonging  to  different  congregations,  for  the  purpose  of  trying 
Mr.  Lowrey,  and  the  decision  of  such  a  special  Session  was  affirmed  by 
the  Synod  of  Ohio;  therefore. 

Resolved,  That  the  appeal  of  Mr.  Lowrey  be  sustained,  and  it  hereby 
is  sustained;  and  that  all  the  proceedings  in  the  case  be,  and  they  hereby 
are  reversed,  on  the  ground  that  the  appointment  of  such  a  special 
Session  is  entirely  unconstitutional;  and  if  Mr.  Lowrey  has  done  any- 
thing offensive,  he  ought  to  be  tried  by  the  courts  that  have  been 
instituted  by  the  Constitution  of  our  Church. — 1823,  p.  92. 

b.  This  Assembly  concur  in  opinion  with  the  last  General  Assembly, 
that  the  special  Session  appointed  by  the  Presbytery  of  Miami  for  the 
trial  of  S.  Lowrey  was  an  unconstitutional  court,  and  that  all  the  proceed- 
ings of  that  body  in  this  case,  and  of  the  Presbytery  of  JNIiami  and  of 
the  Synod  of  Ohio,  sanctioning  the  acts  of  that  body,  are  irregular. 
And  the  allegation  of  the  Synod  in  their  memorial  that  this  body,  though 
called  a  Session,  was,  in  reality,  no  more  than  a  Committee  of  Presby- 
tery, is  incorrect,  for  they  are  not  only  denominated  a  Session,  but  they 
performed  the  acts  which  belong  peculiarly  to  a  church  Session ;  they  sat 
in  judgment  upon  a  member  of  the  church  and  an  elder,  and  condemned 
and  suspended  him;  but  no  Presbytery  has  authority,  according  to  the 
Constitution  of  our  Church,  to  delegate  to  a  Committee  a  power  to  per- 
form such  acts  as  those. — 1824,  p.  115. 

C.  The  Committee  appointed  to  examine  the  records  of  the  Synod  of 
Ohio  reported.     The  report  Avas  adopted,  and  is  as  follows,  viz. : 

That  the  minutes  be  approved  to  page  191,  with  the  exception  of  the 
minutes  on  page  169,  where  a  select  Session  was  appointed  by  the  Pres- 
bytery of  Miami,  which,  in  the  judgment  of  the  Assembly,  Avas  uncon- 
stitutional, and  of  which  the  Synod  has  taken  no  notice. — 1824,  p.  117. 

[Note. — For  a  special  case  where  a  Session  could  not  act  because  of  the  relations  of 
the  only  elder  to  the  accused,  see  above,  Chap,  v,  llj 

d.  Overture  from  the  Presbytery  of  Kaskaskia,  asking  the  General 
Assembly  to  make  provision  for  the  calling  of  special  sessions  of  ruling 
elders  from  neighboring  churches  to  obviate  delays  in  cases  of  discipline 
for  want  of  quorums  of  church  Sessions. 

The  Assembly  can  afford  no  relief  of  the  nature  proposed  to  the 
difficulties  contemplated. — 1860,  p.  28,  O.  S. 

[XoTE. — See  1  above.] 

2.  A  Session  may  consist  of  foreign  missionaries. 

As  to  the  matter  of  reception  and  discipline  of  members,  answer  is 
made  that  the  Session  of  each  church  is  vested,  under  the  Form  of 
Government,  with  full  power  in  regard  thereto.  In  the  absence  of 
ordained  elders  a  Session  may  consist  of  the  missionaries  in  charge  of  the 
work  on  a  foreign  field. — 1896,  p.  147. 

3.  An  elder  may  not  adjudicate  in  any  church,  in  which  he  is  not  an 

elder. 

Overture  No.  14,  viz.,  the  following  question  from  the  Presbytery  of 
Salem,  "  Has  a  ruling  elder  in  any  case  a  legal  right  to  adjudicate  in 


OF    THE    CHURCH    SESSION.  159 

another  church  than  that  of  which  he  is  an  elder  ?' '   was  taken  uj)  and 
decided  in  the  negative. — 1831,  p.  324. 

4.  A  minister  may  not  sit  as  a  corresponding  member  of  Session  nor  be 

assigned  as  counsel  for  the  accused. 

May  a  Session  of  a  church  invite  a  minister  of  the  Gospel  belonging  to 
the  same  Presbytery  or  Synod  to  which  the  church  belongs  to  sit  as  a 
C(n'responding  member  of  said  Session  ?  and  when  so  invited,  may  such 
minister,  at  the  request  of  an  accused  brother,  be  assigned  as  counsel  for 
the  accused  ? 

The  Committee  recommended  that  both  questions  be  answered  in  the 
negative,  and  the  report  was  adopted. — 1851,  p.  20,  N.  S. 

[Note. — See  the  definition  of  the  Church  Session,  Chap,  ix,  Sec.  i.] 

5.  Elders  must  be  ordained.  Neglect  of  ordination  invalidates  decisions. 

The  Committee  on  Church  Polity  reported  two  questions  with  the 
recommendation  that  they  be  ansAvered  in  the  negative: 

a.  1.  Is  an  elder-elect  a  member  of  the  Session,  and  competent  to  sit 
in  a  judicial  case  before  he  has  been  ordained  according  to  the  Form  of 
Government  ? 

b.  2.  Would  a  decision  in  a  case  of  discipline,  made  by  a  Session 
whose  members  have  never  been  ordained  according  to  the  Form  of 
Government,  Chap,  xiii,  be  a  valid  and  lawful  decision,  and  binding 
upon  the  accused. 

The  report  was  adopted. — 1868,  p.  58,  N.  S. 
[Note. — See  under  Form  of  Government,  Chap,  xiii.  Sees,  iii,  iv.] 

II.    Of  this  judicatory,  two  elders,  if  there  be  as  many  in  the  congre- 
gation, with  the  pastor,  shall  be  necessary  to  constitute  a  quorum. 
[Note. — See  3.  below.] 

1.  A  minister  with  one  elder,  if  there  be  but  one,  may  constitute  a 

quorum. 

a.  The  inquiry,  which  is  in  these  words,  "  Can  a  minister  with  one 
elder  form  a  Session  capable  of  transacting  judicial  business  ?"  is  suffi- 
ciently answered  in  the  Constitution,  Form  of  Government,  Chap,  ix. 
Sec.  ii,  where  it  seems  to  be  implied  that  cases  may  occur  with  infant  or 
feeble  churches,  in  which  it  would  be  impracticable  for  a  time  to  have 
more  than  one  elder,  and  yet  be  necessary  to  perform  acts  of  a  judicial 
character. 

For  such  the  Constitution  provides;  but  if  there  be  more  than  one 
elder,  then  two  at  least,  with  a  minister,  are  necessary  to  form  a  Session. 
—1836,  p.  521;  1892,  p.  188. 

b.  A  request  from  the  Presbytery  of  Muncie,  that  the  Assembly  take 
the  necessar)'^  steps  for  procuring  such  an  alteration  in  the  Form  of  Gov- 
ernment, as  will  enable  a  minister  and  one  elder  to  perform  Sessional 
acts,  when  the  other  elder  shall,  in  the  judgment  of  the  Presbytery,  be 
from  any  cause  incompetent  to  act  in  the  case. 

The  Committee  recommended  to  the  Assembly  to  adopt  the  following 
minute:  Resolved,  That  no  alteration  of  our  constitutional  rules  is  need- 
ful to  secure  the  ends  of  discipline,  in  the  premises.  The  report  was 
adopted.— 1852,  p.  210,  O.  S. 


160  FORM    OF    GOVERNMENT,    CHAP   IX. 

2.  A  single  elder  may  constitute  the  Session. 

To  advise  that,  if  Mr.  Armstrong,  as  alleged,  refuses  to  act  as  a 
ruling  elder,  and  has  left  the  church,  Mr.  Chandler  constitutes  the 
Session  of  the  First  Church  of  Wilmington,  and  is  entitled  to  act  as 
such.— 1869,  p.  911,  0.  8. 

3.  Where  elders  are  non-resident,  the  remaining  members  authorized 

to  act. 

Overture  from  the  Presbytery  of  Wellsborough,  asking,  "  What  is 
and  will  be  the  legal  quorum  of  the  Mt.  Jewett  Session,  where  of  the 
three  elders  two  are  non-resident  and  their  residences  unknown,  and  there 
is  no  prospect  of  securing  additional  elders  in  the  future  ?' ' 

The  Committee  recommend  that  the  pastor  and  the  one  elder  actually 
"  in  the  congregation  "  be  recognized  under  existing  circumstances,  and 
so  long  as  the  present  condition  of  affairs  may  continue,  as  the  legal 
quorum  of  the  Session.  See  Minutes  of  the  General  Assembly,  1836, 
p.  521.     Adopted.— 1892,  p.  188. 

4.  Less  than  a  quorum  incapable  of  any  organic  act. 

The  law  of  a  quorum  is  not  a  mere  rule  of  procedure,  a  provision  of 
order,  but  a  matter  respecting  the  very  being  of  the  judicatory.  Any 
number  of  members  less  than  a  constitutional  quorum  do  not  make  a 
judicatory,  and  are  not  competent  to  any  organic  act. — 1861,  p.  456, 

N.  S. 

[Note. — See  also  under  Form  of  Government,  Chap,  x,  Sec.  vii,  3,  a,  defining  the 
Law  of  a  Quorum.] 

5.  Official  acts  of  Session  can  be  performed  only  when  it  is  regularly 
convened.    Prayer  in  opening  and  closing  recommended. 

The  Committee  on  the  Polity  of  the  Church  reported: 
Overture  from  the  Stated  Clerk,  representing  the  Presbytery  of  Boul- 
der, inquiring: 

1.  Wherein  consists  the  distinction  between  an  "  informal"  meeting  of 
a  Session  and  a  ' '  regular  ' '  meeting  ? 

2.  Ought  the  acts  of  informal  meetings  to  be  entered  on  the  records 
before  they  have  been  ratified  in  a  regular  meeting  ? 

3.  Is  it  regular  to  receive  members  to  the  church,  especially  on  a 
profession  of  their  faith,  or  to  appoint  delegates  to  the  Presbytery  or  the 
Synod,  at  such  informal  meetings  of  Session  ? 

4.  Ought  not  the  validity  of  an  elder's  seat  in  the  superior  judicato- 
ries to  be  determined  by  the  record  of  his  due  appointment  at  a  regular 
meeting  of  the  Session ;  and  in  the  absence  of  such  a  record  might  not 
an  elder,  in  a  test  case  involving  important  issues,  be  denied  his  seat 
constitutionally  ? 

5.  Ought  a  Session  to  send  up  its  records  for  review  without  first 
reviewing  them  itself,  and  formally  ratifying  any  informal  acts  at  a 
regular  meeting  ?  In  particular,  is  it  proper  that  the  last  entry  should 
be  a  memorandum  acted  upon  at  an  informal  meeting,  which  can  be 
approved  only  after  the  Presbytery  has  adjourned  ? 

The  Committee  recommends  the  following  answer: 
a.  The  acts   referred  to  in  this  overture  are  properly  official  acts, 
which  the  judicatory  is  competent  to  perform  only  when  regularly  con- 


I 


OF   THE   CHURCH    SESSION.  161 

vened,  and  making  due  record  of  its  proceedings.      (See  Form  of  Gov- 
ernment, Chap,  ix,  Sees,  i,  ii,  iii,  iv,  v,  vii,  viii. ) 

b.  While  the  act  of  opening  and  closing  the  meetings  of  a  Session 
with  prayer  is  not  enjoined  by  the  Constitution,  this  Assembly,  in 
accordance  with  the  views  expressed  by  the  Assembly  of  1877,  judges 
it  to  be  in  harmony  with  the  spirit  of  the  Constitution  and  the  prevail- 
ing usage  of  the  Church  to  observe  this  solemnity  at  all  meetings  of 
record,  except  that  the  opening  prayer  may  properly  be  omitted  after  a 
divine  service.     Adopted. — 1884,  p.  113. 

6.  The  Session  has  discretion  as  to  the  circumstances  under  which  a 
meeting  should  be  opened  and  closed  with  prayer. 

The  Judicial  Commission  appointed  to  hear  and  issue  ' '  The  complaint 
of  the  Revs.  R.  Conover  and  C.  H.  Little  and  Elder  W.  B.  Rundell, 
against  the  action  of  the  Synod  of  Illinois,  for  refusing  to  sustain  the 
complaint  of  Rev.  R.  Conover  against  the  action  of  the  Presbytery  of 
Bloomington  in  placing  upon  the  records  of  various  church  Sessions  at 
their  stated  meeting,  April  15,  1891,  exceptions  to  the  records,  because 
'  they  did  not  always  open  and  close  their  meetings  with  prayer,'  " 
reports  its  finding  in  the  case  as  follows: 

Finding.  — The  Constitution  of  the  Church  requires  that  every  judica- 
tory above  the  church  Session  shall  be  opened  and  closed  with  prayer. 

The  General  Assembly  has  declared  that,  "  While  the  act  of  opening 
and  closing  the  meetings  of  a  Session  with  prayer  is  not  enjoined  by  the 
Constitution,  it  judges  it  to  be  in  harmony  with  the  spirit  of  the  Consti- 
tution, and  the  prevailing  usage  of  the  Church,  to  observe  this  solemnity 
at  all  meetings  of  record,  except  that  the  opening  prayer  may  properly 
be  omitted  after  a  divine  service  "  (1877,  p.  575). 

It  is  obvious,  therefore,  that  the  Session  has  discretion  as  to  the 
circumstances  under  which  any  given  meeting  may  be  opened  and  closed 
with  prayer. 

This  Commission,  therefore,  find  that  the  complaint  is  sustained  by 
the  Constitution  of  the  Church,  and  the  judgment  of  the  Synod  is  here- 
by reversed. 

The  effect  of  this  is  to  remove  the  exception  placed  on  the  Session 
records,  which  exception  is  of  the  nature  of  a  judicial  censure. 

The  report  was  received,  and  its  judgment  ordered  to  be  recorded. — 
1892,  pp.  212,  213. 

III.  The  pastor  of  the  congregation  shall  always  be  the  moderator  of 
the  Session;  except  when,  for  prudential  reasons,  it  may  appear  advisa- 
ble that  some  other  minister  should  be  invited  to  preside;  in  which  case, 
the  pastor  may,  with  the  concurrence  of  the  Session,  invite  such  other 
minister  as  they  may  see  meet,  belonging  to  the  same  Presbytery,  to 
preside  in  that  case.  The  same  expedient  may  be  adopted  in  case  of 
the  sickness  or  absence  of  the  pastor. 

1.  A  pastor-elect  not  moderator  or  stated  supply  by  virtue  of  the  call 

in  progress. 

Overture  from  the  Presbytery  of  Erie,  presenting  two  questions:  (1) 
When  a  minister  has  accepted  a  call  to  a  congregation,  said  call  having 

11 


162  FORM  OF  GOVERNMENT,  CHAP.  IX. 

been  placed  in  his  hands  by  the  Presbytery,  is  he  ex-offido  moderator  of 
the  Session  of  that  congregation  previous  to  his  installation  ? 

The  Committee   recommend  this  answer:  A  pastor-elect  is  not  mod- 
erator ex-offieio,  as  he  yet  has  no  official  connection  with  that  church. 
But  he   may  become  moderator,  if  a  member  of  the   Presbytery  under 
whose  care  the  church  is,  by  invitation  of  the  Session  or  by  appointment 
"of  Presbytery. 

(2)  "Is  such  a  pastor-elect  stated  supply  previous  to  his  installation  ? 
Or  is  it  in  the  power  of  the  Presbytery  to  appoint  other  supplies  ?' '  We 
recommend  this  answer:  He  is  not  stated  supply  by  any  vii'tue  of  the 
call  in  progress;  and  the  Presbytery  may  appoint  supplies  or  give  the 
Session  permission  to  supply  the  pulpit.  Adopted. — 1880,  p.  45. 
[Note. — See  under  Chap,  iv,  above,  p.  147.] 

2.  Who  may  moderate  a  Session  in  the  absence  of  a  pastor? 

[Note. — In  a  case  substantially  described  in  the  answer  given  below  the  Presby- 
tery of  the  District  of  Columbia  overtured  the  Assembly  fur  answer  to  the  above 
question.! 

The  Committee  recommended  the  following  response,  which  was 
adopted : 

The  question  proposed  is  limited  to  specified  circumstances — namely, 
"  In  the  absence  of  the  pastor,"  and  "  the  great  inconvenience  of  pro- 
curing a  moderator,"  "  having  no  ordained  minister  of  the  same  Pres- 
bytery residing  within  forty  miles." 

The  Form  of  Government,  Chap,  ix.  Sec.  iii,  provides  that,  in  "  case 
of  the  sickness  or  absence  of  the  pastor,"  another  minister  "  belonging 
to  the  same  Presbytery  ' '  may  be  invited  ' '  to  preside. ' '  There  is  no 
provision  for  inviting  any  minister  not  "  belonging  to  the  same  Presby- 
tery," to  preside  over  a  meeting  of  the  Session,  much  less  any  minister 
of  the  Word, 

Section  iv  declares  it  to  be  "  expedient  at  every  meeting  of  the  Session, 
more  especially  tvheyi  constituted  for  judicial  business,  that  there  be  a 
presiding  minister;"  but,  after  providing  for  a  moderator,  "  where  a 
church  is  without  a  pastor,"  and,  of  course,  in  the  case  stated.  Sec.  iii, 
it  adds,  "  But  where  it  is  impracticable,  without  great  inconvenience,  to 
procure  the  attendance  of  such  a  moderator,  the  Session  may  proceed 
without  it." 

The  Committee,  would,  therefore,  recommend  that  the  answer  to  the 
overture  be:  That  in  cases  similar  to  that  stated,  the  Session,  under  its 
responsibility  to  the  Presbytery,  is  the  judge  of  the  impracticability  of 
procuring  a  moderator." — 1869,  p.  272,  N.  S.     Confirmed  1891,  p.  107. 

3.  When  another  minister  acts  as  moderator  the  pastor  is  a  member  of 
the  Session  and  may  be  appointed  a  prosecutor. 
Overture  from  the  Synod  of  Missouri,  asking:  Is  a  pastor  a  member 
of  a  Session  when  by  the  action  of  Session  another  minister  acts  as 
moderator,  and  is  he  such  a  member  of  the  Session  that  he  may  be 
appointed  by  the  Session  as  prosecutor  in  a  trial  of  a  member  ?  Answer  : 
Yes.— 1890,  p.  47. 

IV.  It  is  expedient,  at  every  meeting  of  the  session,  more  especially 
when  constituted  for  judicial  business,  that  there  be  a  presiding  minis- 
ter.    When,  therefore,  a  church  is  without  a  pastor,  the   moderator  of 


OF   THE   CHURCH   SESSION.  163 

the  session  shall  be  either  the  minister  appointed  for  that  purpose  by  the 
Presbytery,  or  one  invited  by  the  session  to  preside  on  a  particular  occa- 
sion. But  where  it  is  impracticable,  without  great  inconvenience,  to 
procure  the  attendance  of  such  a  moderator,  the  session  may  proceed 
without  it. 

1.  Where  a  minister  is  the  accuser,  a  minister  should  preside. 

After  stating  the  cause  and  reading  the  judgment  of  the  Session,  and 
the  appeal,  both  parties  were  fully  heard;  and  the  Synod  finding,  that 
as  the  Session  had  not  a  minister  of  the  Word  to  preside  through  the 
course  of  the  trial,  and  that  a  minister  was  the  accuser  of  the  appellant, 
it  was  judged  it  was  at  least  inexpedient  to  proceed  to  trial;  and  upon 
the  whole  we  think  it  best,  and  do  remit  the  matter  back  to  the  Presby- 
tery to  be  heard  and  judged  of  by  them  de  novo. — 1773,  p.  447. 

2.  Moderator  usually  to  be  of  the  same  Presbytery.    Session  cannot 
invite  minister  of  another  Presbytery. 

a.  From  the  Presbytery  of  Tombeckbee,  the  question:  Is  it  orderly 
that  a  member  of  one  Presbytery  moderate  a  church  Session  of  another 
Presbytery  ? — Avhich  question  the  Assembly  answered  in  the  affirmative. 
—1843,  p.  198,  O.  S. 

b.  1.  Is  it  orderly  for  a  Session  under  the  care  of  one  Presbytery,  to 
request  a  minister  of  another  Presbytery  to  moderate  them,  without  first 
obtaining  leave  from  their  Presbytery  ? 

2.  Is  it  constitutional  for  a  minister  to  moderate  a  Session  under  the 
care  of  a  different  Presbytery  from  his  own,  without  first  asking  and 
obtaining  leave  of  the  Presbytery  having  jurisdiction  over  said  Session  ? 

Resolved,  That  the  last  Assembly,  in  deciding  that  a  Session  may  invite 
a  minister  who  is  a  member  of  another  Presbytery  to  sit  as  their  moder- 
ator, did  not  include  any  of  those  cases  in  which  it  is  required  either  in 
express  terms,  or  by  plain  implication  [Form  of  Government,  Chap,  ix, 
Sees,  iii  and  iv] ,  that  the  moderator  shall  be  of  the  same  Presbytery  as 
the  congregation;  but  are  of  opinion  that  in  cases  of  a  different  kind, 
for  which  no  provision  is  made,  a  member  of  another  Presbytery  may 
be  invited  to  act  as  moderator,  if  it  be  found  to  be  expedient. — 1844, 
p.  359,  O.  S. 

C.  Overture  from  the  Presbytery  of  Winnebago,  asking:  "  Is  it  law- 
ftil  for  the  Session  of  a  church  that  is  without  a  pastor,  to  invite  a  minis- 
ter of  another  Presbytery  to  moderate  its  meetings  ?  ' '  Answer  :  No. 
(See  Digest,  1886,  p.  126,  a,  b,  c.)     Adopted.— 1891,  p.  107. 

V.  In  congregations  where  there  are  two  or  more  pastors,  they  shall, 
when  present,  alternately  preside  in  the  session. 

VI.  The  Church  session  is  charged  with  maintaining  the  spiritual  gov- 
ernment of  the  congregation;  for  which  purpose  they  have  power  to 
inquire  into  the  knowledge  and  Christian  conduct  of  the  members  of  the 
church,  to  call  before  them  offenders  and  witnesses,  being  members  of 
their  own  congregation,  and  to  introduce  other  witnesses  where  it  may  be 
necessary  to  bring  the  process  to  issue,  and  when  they  can  be  procured 
to  attend;  to  receive  members  into  the  church;  to  admonish,  to  rebuke, 
to  suspend  or  exclude  from  the  sacraments  those  who  are  found  to  deserve 


164  FORM  OF  GOVERNMENT,  CHAP.  IX. 

censure;  to  concert  the  best  measures  for  promoting  the  spiritual  interests 
of  the  congregation,  and  to  appoint  delegates  to  the  higher  judicatories 
of  the  Church, 

1.  The  Session  has  original  jurisdiction  over  church  members. 

a.  It  [the  Assembly]  has  no  power  to  commence  a  process  of  discipline 
with  an  individual  oftender.  That,  by  a  just  and  wise  arrangement, 
belongs  to  the  Session  in  the  case  of  a  layman,  to  the  Presbytery  in  the 
case  of  a  minister. — 1856,  p.  200,  N,  S. 

b.  Resolved,  That  the  church  of  Genoa  be  referred  to  the  minute  of 
the  Assembly  formed  in  the  case  of  David  Price  in  the  year  1825,  from 
which  it  will  appear  that  in  the  judgment  of  the  Assembly,  "  an  admo- 
nition ' '  was  ' '  deserved  ' '  by  the  said  Price  in  consequence  of  his 
unchristian  conduct.  And  it  is  the  judgment  of  this  Assembly  that  the 
Session  ought  immediately  to  have  administered  such  admonition;  that 
they  ought  still  to  administer  it;  and  that  if  the  said  Price  refuse  to  submit 
to  such  admonition,  or  do  not  thereupon  manifest  repentance  and  Chris- 
tian temper  to  the  satisfaction  of  the  church,  he  ought  not  to  be  received 
into  the  communion  of  that  or  any  other  Presbyterian  church. — 1827, 
p.  203. 

C.  The  Synod  [of  Genesee]  seems  to  have  forgotten  the  nature  and 
limits  of  its  appellate  as  distinguished  from  the  original  jurisdiction  in  the 
case,  in  that  they  censure  at  their  bar  the  appellant  in  a  way  competent 
in  any  circumstances  only  to  the  Session  of  the  church  to  which  the 
appellant  was  primarily  amenable. — 1840,  p.  11,  N.  S. 

d.  No  vote  of  the  congregation  of  a  Presbyterian  church  can  affect 
the  rights  of  a  communing  member  as  such.  All  such  power  is  vested 
in  the  Session. — 1866,  p.  54,  O.  S. 

2.  The  Session  has  oversight  of  the  conduct  of  church  members. 

Resolved,  That  this  Assembly  warns  the  churches  under  its  care  against 
the  spirit  of  worldly  conformity  now  prevailing,  and  reminds  the  church 
Sessions  that  all  known  departures  from  the  Word  of  God  in  all  the 
pleasures  and  duties  of  private,  social  and  civil  life  of  their  members  are 
under  their  supervision. — 1874,  p.  85. 

[Note. — See  Discipline,  Chap,  iv,  Sec.  xviii,  last  clause.] 

3.  The  Session  has  oversight  of  Young  People's  Societies. 

The  General  Assembly  heartily  commends  to  the  loving  sympathy  and 
oversight  of  the  pastors.  Sessions  and  Presbyteries  of  our  Church,  these 
various  Young  People's  Associations,  and  recommends  especially  that 
each  .Presbytery  shall  appoint  a  Permanent  Committee  to  cooperate  and 
counsel  with  them  in  such  ways  as  the  ch-cumstances  in  each  case  may 
indicate  as  being  wise  and  necessary  for  the  highest  interests  of  all 
departments  of  the  Church's  work  and  worship. — 1891,  p.  113;  1893, 
p.  127. 

4.  Statement  of  relation  between  the  individual  society  and  the  Church. 
This  Assembly  recognizes  as  under  the  jurisdiction  of  the  Church,  all 
Young  People's  religious  organizations  of  every  name,  which  are  to  be 
found  within  its  churches  or  composed  of  the  members  of  its  churches. 
The  variety  in  the  forms  of  these  organizations  cannot  affect  the  substan- 
tial relation  which  thev  all  alike  sustain  to  the  Church  in  her  organized 


OF   THE   CHURCH   SESSION.  165 

capacity.  That  relation  is,  in  one  sense  at  least,  the  relation  of  a  child 
to  its  mother,  and  involves  thereby  mutual  obligations.  The  Church  in 
her  courts  owes  it  to  her  young  people  to  take  account  of  their  aspira- 
tions and  activities,  and  to  provide  proper  media  for  the  exercise  of 
these;  and  the  young  people,  on  their  part,  as  members  of  the  Church, 
have  a  duty  of  recognizing  fully  her  spiritual  authority,  implying,  as  this 
does,  her  right  to  advise  with  them,  and  to  direct  their  movements.  It 
is  this  authority  which  unites  together  all  Presbyterian  churches  into  one 
common  body,  and  it  must  reach  to  all  of  its  organizations.  Such  being 
the  case,  the  Assembly  deems  it  unnecessary  to  prescribe  any  specific 
form  of  organization  for  individual  Young  People's  Societies,  while  it 
expects  them  to  conform  to  certain  acknowledged  principles,  both  gen- 
eral and  particular,  as  follows: 

In  general,  these  societies  are  to  be  organized  and  to  work  in  con- 
formity with  the  historic  position  of  the  Church  as  expressed  in  her 
Standards  and  interpreted  by  her  courts.  This  historic  position  of  the 
Church  needs  to  be  emphasized  to-day  with  reference  to 

a.  The  reverence  due  to  the  Word  of  God  as  the  infallible  rule  of 
faith  and  practice.  The  Church  cannot  countenance  as  teachers  of  her 
young  people  any  men  in  whom  she  could  not  repose  confidence  as  teach- 
ers of  her  older  j^eople. 

b.  The  honor  due  to  the  Holy  Spirit  in  the  development  of  the  Chris- 
tian life,  and  the  emphasis  to  be  placed,  under  His  divine  tuition,  on  the 
spiritual  rather  than  the  formal. 

C.  The  primary  authority  and  inclusive  scope  of  the  vows  assumed  by 
our  members,  when  they  unite  with  the  Church. 

d.  The  chief  means  for  growth  in  grace  and  in  the  knowledge  of 
Christ  for  our  young  people,  as  for  our  older  people,  are  the  divinely 
appointed  ordinances  of  the  sanctuary,  including  prayer,  praise  and  the 
reading  and  preaching  of  the  Word  and  the  administration  of  the 
sacraments,  under  the  direction  of  the  ordained  ministry. 

e.  The  separation  of  the  Church  in  its  organic  capacities  from  all 
political  creeds  and  all  methods  of  political  action.  Our  Young  People's 
Societies  may  not  be  utilized  for  the  advancement  of  any  political 
project,  however  apparently  laudable.  The  Church  inculcates  upon  her 
members  the  loyal  discharge  of  their  responsibilities  as  citizens,  but,  in 
political  matters,  leaves  it  to  the  individual  conscience  to  determine  as  to 
political  parties  and  candidates  and  platforms. 

The  iJar^iettfor  relations  of  all  our  Young  People's  Societies  to  the 
Church  are  sustained,  in  the  first  instance,  to  the  Session  of  a  particular 
church,  and  thence,  through  the  Session,  to  the  Church  at  large.  Each 
such  society  is  under  the  immediate  direction,  control  and  oversight  of 
the  Session  of  that  church  in  which  it  is  formed,  and  that  oversight  is 
not  merely  general,  but  applies  to 

a.  The  constitution  of  the  Society,  which  the  Session  must  be  careful 
to  see  is  framed  in  accordance  with  the  general  principles  named  herein- 
before, and  the  received  usages  of  the  Presbyterian  Church. 

b.  The  schedule  of  its  services,  including  the  time  of  meeting,  the 
course  of  topics,  and  the  general  leadership,  in  order  that  such  services 
may  form  an  integral  part  of  the  work  and  worship  of  the  Church. 

C.  The  election  of  its  officers  to  this  extent,  that  each  society  shall 
submit  for  the  approval  of  the  Session,  the  list  of  those  Avhom  it  has 
chosen,  lest  unsuitable  persons  should  be  placed  in  positions  of  influence. 


166  FORM  OF  GOVERNMENT,  CHAP.  IX. 

d.  The  distribution  of  its  funds,  that  the  regular  benevolent  work  of 
the  Church,  under  the  care  of  our  Boards,  be  not  allowed  to  suffer 
through  indiscriminate  contributions  to  miscellaneous  objects,  which 
appeal  to  individual  sympathy. — 1896,  p.  62. 

5.  Jurisdiction  over  a  suspended  member  is  in  the  church  which 
suspended  him. 

Overture  from  certain  members  of  the  Presbytery  of  Madison. 

We  desire  to  make  the  following  statement  and  inquiries: 

A  person  is,  we  will  suppose,  under  suspension  in  one  of  our  own 
churches.  He  removes,  and  unites,  on  examination,  with  another  of  our 
churches,  the  Session  of  the  latter  one  being  wholly  ignorant  of  his 
former  membership,  and,  of  course,  of  his  suspension.  The  facts  are, 
however,  afterward  discovered. 

Would  this  discovery  of  itself  vitiate  his  second  membership,  and 
leave  him  simply  a  suspended  member  of  the  former  church  ? 

Would  unworthiness  for  church  membership,  clearly  manifested  while 
in  the  latter  church,  and  before  said  discovery,  rightfully  add  any 
efficacy  toward  producing  this  result  ? 

To  the  first  of  the  above  questions  the  Committee  recommend  an 
answer  in  the  affirmative ;  to  the  second,  if  the  question  mean  whether 
the  Session  of  the  second  church  has  jurisdiction  in  the  case  of  unwor- 
thinesses  manifested  in  the  second  relation,  the  Committee  recommend  an 
answer  in  the  negative ;  but  if  the  question  mean  whether  the  unworthi- 
nesses  manifested  in  the  second  relation  be  proper  ground  of  separate 
process  by  the  Session  of  the  first  church,  the  Committee  recommend  an 
answer  in  the  affirmative.  In  respect  to  the  whole  case  the  Committee 
agree  in  the  statement  following: 

The  person,  uniting  with  the  second  church  on  examination,  unites 
deceptively.  So  soon  as  the  facts  in  the  case  are  ascertained  by  the 
Session  of  this  second  church,  the  proper  order  of  procedure  is  for  this 
Session,  after  conference  with  the  accused  person,  to  strike  his  name 
from  their  roll  of  church  members  as  not  under  their  jurisdiction,  to 
communicate  their  action  to  the  Session  suspending  him,  with  the  reasons 
for  it,  and  to  request  the  said  Session  to  proceed  against  him  on  separate 
process  for  duplicity  and  disorder. 

The  reply  of  the  Committee  was  adopted. — 1866,  p.  269,  N.  S. 
[Note.— See  under  Book  of  Discipline,  Chap,  vii,  Sec.  xlix.] 

6.  The  vote  of  the  Session  is  the  reception  to  membership.  It  must  involve 
baptism.    The  use  and  authority  of  local  confessions  and  covenants. 

The  Committee  on  Bills  and  Overtures  reported  on  Overture  No.  9, 
making  inquiry  concerning  the  relation  of  persons  received,  by  act  of 
Session,  during  the  interval  of  such  reception  and  the  subsequent  sacra- 
mental Sabbath.     The  report  was  adopted,  and  is  as  follows: 

In  answer  to  the  several  questions  contained  in  the  above  overture,  the 
Assembly  refers  to  the  Form  of  Government,  Chap,  ix,  Sec.  vi,  in  which 
the  reception  of  "members  into  the  cJmrch,"  is  expressly  specified  as  one 
of  the  duties  and  powers  of  the  church  Session.  For  this  purpose  the 
Session  is  the  church,  and  its  act  of  admission  the  act  of  the  church. 
When,  therefore,  an  applicant  for  admission  by  letter  is  received  by  a 
vote  of  the  Session,  he  is  at  once  a  member  of  the  church,  entitled  to  all 
the  privileges,  and  subject  to  all  the  responsibilities,  of  this  relation. 


OF   THE   CHUKCH   SESSION.  167 

The  same  rule  equally  applies  to  candidates  for  admission  into  the 
church  on  a  profession  of  their  faith.  The  vote  of  the  Session  is  the 
essential  and  final  act  by  which  they  are  thus  received,  and  needs  no 
subsequent  action  of  the  church  to  give  it  reality  or  validity.  The 
administration  of  baptism  according  to  the  Word  of  God,  in  the  case  of 
unbaptized  persons,  must,  of  course,  be  involved  in,  and  attendant 
upon,  this  Sessional  act,  either  at  the  time,  which  would  be  entirely 
proper,  or  at  a  subsequent  period  appointed  for  this  purpose.  The 
Session,  if  thus  choosing,  may  prescribe  a  public  profession  of  faith 
before  the  whole  church  as  a  convenient  usage,  and  for  this  purpose  may 
employ  a  church  confession  and  covenant.  This  is  the  practice  with 
•many  Sessions,  and,  where  this  practice  is  adopted,  it  is  proper  that  the 
ofiiciating  minister  or  clerk  of  the  Session  should  report  a  statement  of 
the  fact  in  accordance  therewith,  and  that  the  report  should  be  formally 
entered  upon  the  record  of  the  Session. 

It  is  well,  however,  to  remember  that  the  confessions  of  faith  and 
covenants  in  use  among  local  churches,  though  regarded  by  many  as 
convenient  and  useful,  and  certainly  sanctioned  by  a  very  prevalent 
usage,  are  nevertheless  not  essential  to  the  organization  of  a  church,  or 
the  establishment  of  membership  therein,  since  they  are  not  the  authori- 
tative standard  of  faith  or  practice  in  the  Presbyterian  Church.  Such 
confessions  and  covenants,  with  the  accompanying  form  of  a  public 
profession,  may  or  may  not  be  used,  as  shall  seem  most  expedient  to  the 
Session.  Whether  used  or  not,  the  vote  of  the  Session  is,  by  the  con- 
stitution of  the  Presbyterian  Church,  the  act  on  which  the  membership 
depends,  and,  in  all  cases,  the  records  of  the  Session  should  be  made  to 
correspond  with  this  fundamental  principle  of  the  polity  of  the  Church. 

These  principles  cover  all  the  points  submitted  in  the  above  overture. 
Their  application  is  simple,  and  hence  the  Assembly  sees  no  occasion  for 
giving  a  more  detailed  and  specific  answer  to  the  several  questions  pre- 
sented for  its  consideration. — 1865,  pp.  22,  23,  N.  S. 

7.  An  unbaptized  person  applying  for  admission  to  the  church  must 

be  baptized. 

The  Committee  on  the  Polity  of  the  Church  reported  au  overture, 
asking,  ' '  Whether  a  vote  of  a  Session  entitles  a  person  to  the  privileges 
of  the  chui'ch,  who  is  not  baptized  and  has  not  made  a  public  profession 
of  faith."     They  recommended  the  following  answer: 

The  vote  of  the  Session  does  not  entitle  au  imbaptized  person  to  the 
privileges  of  the  church,  for  the  reason  that  baptism,  as  our  Confession  of 
Faith  declares  (Chap,  xxviii.  Sec.  i),  is  declared  to  be  a  sacrament  for 
the  solemn  admission  of  the  party  baptized  into  the  visible  Church. 

The  public  profession  of  one's  faith  may  for  sufficient  reasons,  as  our 
Directory  for  Worship  allows,  be  omitted;  but  the  exceptional  case  does 
not  respect  baptism,  which  precedes  the  admission  of  the  party  to  the 
Lord's  table.  The  vote  of  the  Session  to  this  eflfect  must  be  conditioned 
upon  the  baptism,  and  can  in  no  case  be  a  substitute  for  the  sacrament 
itself. 

The  report  was  adopted.— 1867,  p.  496,  N.  S. 

[Note. — See  Directory  for  Worship,  Chap,  x,  Sec.  iv.] 

8.  Certificate  of  dismission  required. 

Nor  can  the  Assembly  forbear  to  regret  that  the  Session  of  the 
church  of  Chillicothe  had  not  acted  in  a  more  formal  manner  in  i-eceiv- 


168  FORM  OF  GOVERNMENT,  CHAP.  IX, 

ing  Mr.  McCalla,  and  had  not  required  a  regular  certificate  of  dismission 
from  the  church  to  which  Mr.  McCalla  belonged  before  they  received 
him.  —1821,  p.  21. 
[Note. — See  Book  of  Discipline,  Chap,  xii,  Sec.  cxiv.] 

9.  Examination  of  candidates  ought  ordinarily  to  be  in  the  presence 

of  the  Session. 

[Note. — See  Directory  for  Worship,  Chap,  x,  Sec.  iii,  and  Minutes,  1885,  p.  638.] 

10.  Members  should  be  received  to  the  church  only  by  a  Session 
regularly  constituted. 

The  Committee  to  whom  was  referred  the  subject  involved  in  so  much 
of  the  records  of  the  Synod  of  Cincinnati  as  relates  to  the  admission  of 
persons  to  church  privileges  at  the  great  meetings  common  in  that  region, 
made  the  following  report,  which  was  adopted,  viz. : 

a.  1.  Resolved,  That  the  order  of  the  churches  requires  that  all  per- 
sons making  a  public  profession  of  religion  be  introduced  to  the 
communion  of  the  church  only  by  an  individual  Session  regularly  con- 
stituted. 

b.  2.  Resolved,  That  it  is  the  right  and  duty  of  Sessions  to  take  the 
exclusive  oversight  of  their  respective  congregations,  and  the  practice  of 
one  Session  admitting  to  a  Christian  profession  persons  belonging  or 
intending  to  belong  to  a  congregation  under  the  care  of  another  Session, 
is  irregular. — 1832,  p.  373. 

11.  Session  can  receive  persons  only  into  the  organized  church  of  which 

it  is  the  governing  body. 
Overture  from  the  Presbytery  of  St.  Louis,  with  reference  to  the 
reception  of  members  into  mission  organizations  or  chapels.  Recommen- 
dation: The  Assembly  answers  that  Sessions  cannot  receive  persons  on 
profession  of  their  faith  in  Christ,  or  by  letter,  into  any  body  except 
into  the  organized  church  of  which  any  given  Session  is  the  governing 
body.     Adopted.— 1893,  p.  86. 

12.  Duty  of  the  Session  in  the  case  of  those  who  have  joined  another 

church  and  are  in  other  respects  irregular. 

A  paper  from  the  Presbytery  of  Detroit,  asking :  ' '  What  course  shall 
a  Session  pursue  in  regard  to  a  member  who  has  left  the  church,  and 
become  a  member  of  another  church,  without  ha^dng  asked  for  or 
obtained  a  letter  of  dismission  ?"  The  Presbytery  puts  four  cases:  (1) 
"  Those  who  have  preceded  or  accompanied  their  departure  to  another 
church  by  absenting  themselves  from  the  ordinances  of  the  church  to 
which  they  owe  allegiance."  (2)  "  Those  who  have  been  guilty  of  such 
errors  in  doctrine  as  amount  to  heresy;  or  such  errors  in  practice  as 
amount  to  practical  immorality  or  apostasy."  (3)  "  Those  who,  by 
change  of  conviction,  without  any  such  flagrant  departure  from  doctrine 
or  morality,  have  been  induced  to  unite  with  a  church  which  does  not 
hold  correspondence  with  our  church. "  (4)  "  Those  who  have  entered 
an  organization  or  endorsed  a  creed  outside  of  what  we  recognize  as 
evangelical." 

The  Committee  would  reply  that  almost  every  phase  of  neglect  of 
church  duty,  or  departure  from  church  connection,  has  been  acted  upon 
by  the  Assembly  before  the  separation,  or  by  the  separate  branches 
during  the  separation,  or  by  the   reunited  Assembly.     The   Committee 


OF   THE   CHURCH   SESSION.  169 

would,  therefore,  recommend  that  these  petitioners  be  referred  to  these 
past  actions:  (1)  To  the  action  of.  the  Assembly  of  1825,  paragraph  iii, 
Sees.  3  and  4,  pp.  625  and  626,  Moore's  Digest,  1873;  1886,  p.  756. 
(2)  Action  of  the  Assembly  of  1872,  paragraph  i,  Sees.  3  and  4, 
Moore's  Digest,  1873,  p.  628;  1886,  p.  756.  (3)  Action  of  N.  S. 
Assembly,  1868,  last  two  sections  on  p.  130,  of  Moore's  Digest,  1886. 
(4)  Action  of  the  N.  S.  Assembly  of  1839,  p.  24,  Sec.  c,  on  p.  169, 
Moore's  Digest,  1886.  Adopted.— 1880,  p.  45;  also  1879,  p.  613; 
1828,  p.  240. 
[Note.— See  Book  of  Discipline,  Chap,  vii,  on  "Cases  without  process,"  Sec.  Hi.] 

13.  Sessions  may  not  receive  members  of  other  churches  without  regular 

dismission. 

The  same  Committee  reported  an  overture,  asking  if  it  be  in  accord- 
ance with  ecclesiastical  law  and  order  in  the  Church,  to  receive  members 
of  another  church  who  have  not  been  regularly  dismissed,  with  a  view  to 
such  a  change  of  relation. 

The  Committee  recommended  that,  so  far  as  churches  in  our  own 
connection  are  concerned,  the  question  be  answered  in  the  negative,  and 
refer  to  the  Book  of  Discipline  (old),  Chap,  xi,  Sec.  1;  (new)  Sec. 
cxiv. 

The  report  was  adopted. — 1868,  p.  58,  N.  S. 

[Note. — See  Book  of  Discipline,  Chap,  xii,  Sec.  cxiv.] 

14.  Duty  of  the  Session  in  case  of  those  who  doubt  their  personal  piety. 

[Note. — See  Book  of  Discipline,  Chap,  vii,  Sees,  xlviii  and  1,  "  Cases  without  pro- 
cess," and  Larger  Catechism,  Question  172.] 

15.  The  examination  of  candidates  for  admission  to  sealing  ordinances 
should,  except  in  special  cases,  be  in  the  presence  of  the  Session. 

Your  Committee  recommend  the  following  action:  Inasmuch  as  the 
members  of  the  Session  are  the  judges  of  the  qualifications  of  those  to  be 
admitted  to  sealing  ordinances,  and  the  reception  of  such  is  their  act,  the 
examination  of  candidates  ought  manifestly  to  be  in  their  presence,  unless 
in  special  cases  of  sickness  or  other  hindrance,  when  this  duty  may  be 
performed  by  a  Committee  under  direction  of  the  Session.  (See  Moore's 
Digest,  1886,  p.  130.)     Adopted.— 1885,  p.  638. 

[Note. — See  Directory  for  Worship,  Chap,  ix.  Sec.  iii.] 

16.  The  Session  has  no  power  to  prohibit  collections  ordered  by  the 

Assembly. 

a.  Ordered,  That  every  minister,  according  to  our  former  agreement, 
propose  the  collection  for  the  fund  to  his  congregation,  and  as  it  is  a 
Synodical  appointment,  it  is  inconsistent  with  our  Church  government 
to  be  under  the  check  or  prohibition  of  a  church  Session ;  they  indeed 
may  give  or  withhold  their  charity,  but  may  not  prevent  a  minister  to 
propose  it  publicly,  according  to  our  appointment.  Ordered,  likemse, 
That  every  Presbytery  take  care  of  the  conduct  of  their  members,  how 
they  observe  this  agreement  previous  to  their  coming  to  the  Synod,  and 
that  they  gather  the  collection  from  absent  members. — 1755,  p.  215. 

b.  Whereas,  it  appears  that  some  of  the  congregations  under  the  care 
of  this  Assembly,  though  duly  informed  of  the  injunction  made  at  our 
last  sessions  respecting  the  raising  of  contributions  for  the  support  of 
missionaries  to  the  frontiers  of  the  country,  have  not  complied  with  the 


170  FORM  OF  GOVERNMENT,  CHAP.  IX. 

same,  the  Assembly,  therefore,  thought  proper  to  continue  the  above- 
mentioned  order,  and  do  hereby  enjoiu  it  on  all  the  Presbyteries  to  give 
particular  attention  that  every  congregation  raise  the  specified  contribu- 
tion, and  that  all  the  contributions  be  sent  forward  as  soon  as  possible  to 
the  treasurer  of  the  General  Assembly. — 1790,  p.  24. 

17.  Representation  in  the  superior  courts  required. 

a.  Mr.  McNish's  reasons  for  not  bringing  an  elder  or  representative 
with  him  were  heard  and  sustained. 

Mr.  Henry's  representative  of  the  congregation  being  absent,  and  his 
reasons  for  not  coming  being  inquired  into,  he  said  the  present  condition 
of  his  people  made  it  necessary  that  there  should  be  a  particular  collec- 
tion made  by  the  congregation  for  defraying  the  charges  of  the  represen- 
tative to  the  Presbytery,  and  it  was  allowed  that  there  should. 

The  reasons  of  Mr.  Pumry's  elder's  absence  were  inquired  into  and 
sustained. — 1716,  p.  43. 

b.  The  Synod  do  recommend  it  to  the  several  Presbyteries  belonging 
to  their  body  to  call  those  Sessions  to  account  that  do  not  send  elders  to 
attend  upon  the  Synod  and  Presbyteries,  and  to  enjoin  these  Sessions  to 
call  those  elders  to  account  that  do  not  attend  upon  judicatories,  when 
sent  by  them.— 1753,  p.  256. 

18.  Attendance  on  the  superior  courts  enforced. 

Expenses  of  elders  should  be  paid. 

a.  Upon  calling  over  the  roll  it  being  found  that  many  of  the  elders 
have  gone  home  without  leaving  any  reasons  for  their  so  doing,  the  Synod 
do  order  that  such  elders  as  do  withdraw  from  the  Synod  without  leave, 
shall  be  left  to  the  censure  of  their  Sessions,  and  report  made  thereof  to 
the  next  Synod.  And  the  Synod  do  recommend  it  to  the  several  con- 
gregations to  defray  the  necessary  charges  that  their  elders  be  at,  during 
their  attendance  upon  the  Synod. — 1735,  p.  117. 

Ruling  elders  should  be  called  on  for  reasons  of  absence. 

b.  The  records  of  the  Synod  of  Pittsburgh  Avere  approved,  with  the 
exception,  "  that  ruling  elders  were  not  called  upon  for  reasons  for 
absence,  as  in  the  case  of  teaching  elders. — 1859,  p.  531,  O.  S. 

19.  The  same  elder  must  represent  his  church  at  an  adjourned  meeting 
who  represented  it  at  the  stated  meeting. 

Exception  to  the  records  of  the  Synod  of  Columbus,  "  That  on  p.  73, 
this  minute  is  made:  Your  Committee  would  recommend  that  Overture 
No.  2,  '  Can  a  Session  be  represented  by  a  different  elder  at  adjourned 
meetings  of  Presbytery,  be  answered  in  the  affirmative.  Adopted.' 
This  action  of  the  Synod  is  in  direct  variance  mth  a  deliverance  of  the 
Assembly  of  1827."— 1872,  p.  68. 

The  deliverance  referred  to  is  as  follows,  A^iz. : 

Resolved,  That  in  the  judgment  of  this  General  Assembly,  the  con- 
struction of  the  Constitution  (Form  of  Government,  Chap,  xxii.  Sec.  i), 
which  allows  Commissioners,  after  holding  their  seats  for  a  time,  to  resign 
them  to  their  alternates,  or  W'hich  allows  alternates  to  sit  for  a  while  and 
then  resign  their  places  to  their  principals,  is  erroneous;  that  the  practice 
growing  out  of  this  construction  is  inexpedient;  and  that  it  ought  to  be 
discontinued.      [Adopted.]— M/iit^e*-,  1827,  p.  209,  210. 


OF   THE   CHURCH   SESSION.  171 

20.  In  appointing  delegates  to  the  higher  judicatories  the  Session  should 
designate  the  service  to  be  performed. 

Overture. — A  request  from  the  Presbytery  of  Nevvton  that  the  Assem- 
bly auswer  the  following  questions: 

1.  Is  a  ruling  elder,  appointed  to  represent  a  Session  in  the  Synod,  by 
virtue  of  that  appointment  also  its  representative  at  any  adjourned  meet- 
ing of  his  Presbytery  which  may  be  held  during  the  intervals  of  the 
sessions  of  the  Synod  ? 

2.  May  a  Session,  which  has  appointed  a  ruling  elder  its  delegate  to  a 
stated  meeting  of  the  Presbytery,  appoint  an  elder  whom  it  delegates  to 
the  Synod  to  represent  it,  also,  at  any  adjourned  meeting  of  the  same 
stated  meeting  of  the  Presbytery  which  may  be  held  during  the  intervals 
of  the  Session  of  the  Synod  ? 

The  Committee  recommend  the  following  answer: 

That  no  rule  is  laid  down  in  our  Standards  as  to  the  particular  term  or 
time  of  service  of  delegates  appointed  by  church  Sessions  to  the  higher 
judicatories  of  the  Church;  and  the  Committee  therefore  recommend  that 
it  be  left  to  each  Session  to  prescribe  the  particular  terms  for  which,  or 
times  at  which,  its  delegates  shall  attend  as  its  representatives  in  such 
judicatories.  Under  this  view,  the  first  branch  of  the  overture  is 
answered  in  the  negative;  but  the  questions  involved  in  both  branches  are 
subject  in  each  individual  case  to  the  control  of  each  Session. — 1878, 
p.  69. 

21.  Communion  wine :  the  purest  attainable  to  be  used. 

[Note. — See  under  Directory  for  Worship,  Chap,  ix,  Sec.  v,  p.  853.] 

22.  Baptism  of  Roman  Catholic  converts  discretionary. 

[Note. — See  Directory  for  Worship,  Chap,  vii.] 

23.  Discretion  of  the  Session  as  to  women's  part  in  meetings  for  prayer. 

a.  [In  1872  the  Assembly  was  asked  to  transmit  to  the  Presbyteries 
such  rules  as  would  forbid  the  licensing  and  ordaining  of  women  to  the 
Gospel  ministry,  and  the  teaching  and  preaching  of  women  in  our  pulpits 
or  in  the  public  and  promiscuous  meetings  of  the  Church  of  Christ. 

The  Assembly  reply  that  there  is  no  necessity  for  a  change  of  the  Con- 
stitution, and  refer  to  the  deliverance  of  1832  as  expressing  its  judgment. 
—1872,  p.  89. 

The  deliverance  referred  to  is  as  follows,  viz. :] 

Meetings  of  pious  women  by  themselves  for  conversation  and  prayer, 
whenever  they  can  conveniently  be  held,  we  entirely  approve.  But  let 
not  the  inspired  prohibitions  of  the  great  apostle  of  the  Gentiles,  as 
found  in  his  Epistles  to  the  Corinthians  and  to  Timothy,  be  violated. 
To  teach  and  exhort  or  to  lead  in  prayer,  in  public  and  promiscuous 
assemblies,  is  clearly  forbidden  to  women  in  the  holy  oracles. — Pastoral 
Letter.— 1SS2,  p.  378;  Digest,  1886,  p.  304. 

[In  reference  to  this  we  have  the  following:] 

b.  From  the  Presbytery  of  Rock  River:  "  Does  the  Assembly  mean 
to  enjoin,  that  in  the  regular  weekly  prayer  meetings  of  the  church  no 
woman  shall  speak  or  lead  in  prayer  ?' ' 

[Referred  to  a  Special  Committee,  whose  report  was  adopted,  viz. :] 
In  response  to  the  overture  the  Assembly  expresses  no  opinion  as  to  the 
Scriptural  view  of  woman's  right  to  speak  and  pray  in  the  social  prayer 


172  FORM  OF  GOVERNMENT,  CHAP.  IX. 

meeting,  but  commits  the  whole  subject  to  the  discretion  of  the  pastors 
and  elders  of  the  churches. — 1874,  pp.  32  and  66. 

C.  Overture  from  the  Presbytery  of  Zanesville,  on  the  part  women  may 
take  in  public  and  promiscuous  assemblies. 

The  Committee  recommend  the  following  answer: 

1.  The  Assembly  regards  all  prohibitions  contained  in  God's  Word 
as  equally  binding  on  the  Church  to-day  as  at  any  period  of  its  history, 
but  does  not  regard  the  passages  cited  as  forbidding  the  participation  of 
women  in  certain  of  the  assemblies  for  worship  in  the  Church. 

2.  The  extent  of  this  participation,  in  our  judgment,  should  be  left  to 
the  wise  discretion  of  the  pastor  and  elders  in  each  particular  church. 
Adopted.— 1893,  p.  114. 

24.  Churcli  music  is  under  the  control  of  the  minister  and  the  Session. 

Overture  asking  the  Assembly  to  reaffirm  the  action  of  the  Assemblies 
of  1845  and  1858,  on  the  relations  of  the  church  Session  to  the  music  as 
a  part  of  the  worship  of  God. 

The  Committee  recommends  the  follo>ving  answer: 

This  General  Assembly  hereby  reaffirms  the  action  taken  by  the 
Assemblies  of  1845,  p.  21,  O.  S.,  and  1858,  p.  281,  O.  S.,  as  follows: 

Whereas,  By  our  Constitution  (Form  of  Government,  Chap,  ix,  Sec. 
vi,  and  Directory  for  Worship,  Chap,  iv.  Sec.  iv)  the  whole  internal 
arrangement  of  a  church  as  to  worship  and  order  is  committed  to  the 
minister  and  Session ;  therefore. 

Resolved,  That  this  Assembly  do  not  feel  themselves  called  upon  and 
obliged  to  take  any  further  order  on  this  subject,  but  leave  to  each 
Session  the  delicate  and  important  matter  of  arranging  and  conducting 
the  music  as  to  them  shall  seem  most  for  edification,  recommending  great 
caution,  prudence  and  forbearance  in  regard  to  it.  Adopted. — 1884, 
p.  115. 

[Note. — See  Directory  for  Worship,  Chap,  iv,  Sec.  iv.] 

25.  Functions  and  duties  of  trustees  in  their  relation  to  Sessions. 
Overture  from  the  Bloomington  Presbj'tery,  mth  reference  to  the 
functions  and  duties  of  trustees  in  their  relation  to  Sessions.  The  Com- 
mittee recommends  that  this  overture  be  answered  by  reiterating  the 
deliverance  of  the  Assembly  of  1874,  that  "  the  Constitution  of  our 
Church  charges  the  Sessions  with  the  supervision  of  the  spiritual  inter- 
ests of  the  congregation  and  all  services  and  matters  pertaining  thereto, 
and  that  any  action  by  the  Board  of  Trustees  tending  to  annul  or  contra- 
vene in  any  way  such  supervision  and  control  is  illegal  and  void." 
Adopted.— 1891,  p.  187.     See  pp.  123  and  125,  above. 

26.  The  Session  has  exclusive  authority  over  the  worship  of  the  Churcli. 

Resolved,  That  meanwhile,  this  Assembly  adopt  the  following  deliver- 
ance for  the  immediate  guidance  of  all  our  congregations.  Sessions, 
deacons,  trustees,  and  inferior  judicatories: 

The  General  Assembly  takes  notice  that  the  exclusive  authority  of  the 
Session  over  the  worship  of  the  Church,  including  not  only  the  times  and 
places  of  preaching  the  Word,  but  also  the  music  and  the  use  of  the 
church  buildings,  is  not  sufficiently  appreciated  by  the  Church  at  large, 
and  that  there  are  frequent  complaints  that  trustees  of  congregations 
assume  powers  and  authority,  especially  over  music  and  the  use  of  church 


OF   THE   CHURCH   SESSION.  173 

buildings,  which  are  not  warranted  by,  but  in  conflict  with,  the  Consti- 
tution of  the  Church. 

The  Assembly  enjoins  upon  the  churches  loyal  adherence  to  our  Form 
of  Government,  providing  that  the  authority  of  the  Session  over  all 
matters  of  worship  is  paramount,  and  at  the  same  time  recommends  that 
all  such  questions  be  treated  by  the  Session  with  Christian  tact  and  cour- 
tesy, in  the  spirit  of  love  and  forbearance. — 1893,  p.  90. 

VII.  The  pastor  has  power  to  convene  the  session  when  he  may  judge 
it  requisite;  and  he  shall  always  convene  them  when  requested  to  do  so  by 
any  two  of  the  elders.  The  session  shall  also  convene  when  directed  so 
to  do  by  the  Presbytery. 

VIII.  Every  session  shall  keep  a  fair  record  of  its  proceedings,  which 
record  shall  be  at  least  once  in  every  year  submitted  to  the  inspection  of 
the  Presbytery.    ^ 

1.  The  records  should  be  fall. 

It  appearing  from  the  official  certificates  of  the  Stated  Clerks  of  all  the 
courts  below,  that  important  documents  in  evidence  before  the  Session 
which  first  tried  the  case  of  Beck  and  McMahon  were  not  sent  up  to  the 
Presbytery  and  Synod,  it  is  therefore  ordered  that  this  case  be  sent  back 
to  the  Presbytery  of  Charleston  for  a  new  trial,  and  that  the  Session  of 
the  church  of  Columbia  be  directed  to  correct  their  record,  and  to  send 
to  the  Presbytery  an  authentic  copy  of  all  the  evidence  and  all  the  docu- 
ments before  them.— 1843,  p.  186,  O.  S. 

[Note.— See  Index,  "  What  the  Eecords  Must  Show."] 

2.  Testimony  injudicial  cases  should  be  engrossed  upon  the  records. 

Also  overture  from  the  Presbytery  of  Catskill,  asking  Avhether,  in 
cases  of  judicial  process  by  church  Sessions,  the  testimony  of  witnesses 
should  be  engrossed  on  the  book  of  permanent  Record.  The  Commit- 
tee recommended  that  the  following  answer  be  given: 

The  testimony  of  witnesses,  in  all  cases  of  judicial  process  by  church 
Sessions,  should  be  engrossed  on  the  book  of  permanent  Records.  The 
end  to  be  secured  by  such  a  record  is  indicated  in  our  Book  of  Discipline, 
(old)  Chap,  iv.  Sec.  xxiii,  (new)  Sec.  xxiv,  where  it  is  required  that 
everything  which  had  an  influence  on  the  judgment  of  the  court  must  be 
exhibited  by  the  record.  Files  are  liable  to  be  separated  from  the  book 
of  permanent  Records,  and  nothing  but  what  is  contained  in  the  Record 
may  be  taken  into  consideration  in  reviewing  the  proceedings  in  a  supe- 
rior court.     The  recommendation  was  adopted. — 1862,  p.  33,  N.  S. 

[Note. — See,  however,  Book  of  Discipline,  Sec.  xxiv,  which  permits  Evidence  sim- 
ply to  be  filed.] 

3.  Records  once  approved  by  a  superior  judicatory  may  not  be  altered 

by  the  inferior. 

Also  overture  from  the  Session  of  the  church  of  Wabash,  Ind.,  on 
the  following  questions: 

1.  After  the  records  of  a  church  Session  have  been  examined  and 
approved  by  the  Presbytery,  and  those  of  the  Presbytery  in  like  manner 
approved  by  the  Synod,  has  either  the  Session  or  the  Presbytery  a  right 
or  any  authority  to  change  or  erase  the  record  ? 


174  FORM  OF  GOVERNMENT,  CHAP.  IX. 

2.  If  not,  has  the  Session  any  legal  right  to  make  a  second  record 
declaring  the  first  erroneous  and  void  ? 

The  Committee  recommended  that  the  following  answer  be  given: 

A  record,  once  approved  by  a  higher  court,  cannot  be  altered  or 
annulled  by  a  lower  one.  If  there  be  an  error  in  the  record,  the 
remedy  is  to  be  sought  by  an  application  to  the  highest  judicatory  that 
has  endorsed  such  mistake. 

The  recommendation  was  adopted. — 1862,  p.  34,  N.  S. 

[Note. — For  general  rules  as  to  Records,  see  under  Form  of  Government,  Chap,  xi, 
Sec.  vi,  this  Digest;  and  especially  as  to  what  is  a  "fair  record  of  its  proceedings ;" 
also  Book  of  Discipline,  Sec.  Ixxi,  fir.st  clause,  and  Sees,  xxiv  and  xxvii.  See  also  in 
the  Index  "  What  the  Records  Must  Show."] 

IX.  It  is  important  that  every  church  Session  keep  a  fair  register  of 
marriages;  of  baptisms,  with  the  times  of  the  birth  of  the  individuals 
baptized;  of  persons  admitted  to  the  Lord's  table,  and  of  the  deaths, 
and  other  removals  of  church  members.  ^ 

1.  Statistical  reports  should  show  only  the  actual  membership. 

Resolved,  That  the  Presbyteries  be  instructed  to  institute  inquiries 
among  the  several  churches  under  their  care,  as  to  the  number  of  their 
communicants;  so  that  it  may  be  ascertained,  that  the  utmost  care  has 
been  taken  to  clear  their  church  registers  of  all  deceased,  dismissed  and 
lost  members;  and  that  it  may  thus  be  known  what  is  the  actual  member- 
ship of  each  of  their  churches. — 1869,  p.  272,  N.  S. 
[Note. — See  Book  of  Discipline,  Chap,  vii,  Sees,  xlviii,  xlix.] 

2.  Ordained  ministers  not  to  be  enrolled  as  members  of  the  church  they 

serve. 

Whether  ordained  ministers  of  the  Gospel  ought  not  to  be  considered 
church  members,  and  to  have  their  names  enrolled  on  the  Sessional 
records  of  the  church,  where  they  are  settled  as  pastors,  or  stated  supplies, 
which  question  the  Committee  recommended  to  be  answered  in  the  nega- 
tive.    Adopted.  — 1843,  p.  176,  O.  S. 

3.  The  aggregate  number  of  elders  and  of  deacons  to  be  reported. 

The  aggregate  numbers  of  the  ruling  elders,  and  also  of  the  deacons, 
in  the  churches  ai-e  required  to  be  inserted  in  the  Statistical  Rei)orts  of 
the  General  Assembly. — 1878,  p.  57. 

4.  Acting  elders  only  to  be  reported ;  all  communicants  included. 

Overture  asking  the  following  questions: 

a.  1.  In  reporting  the  number  of  ruling  elders  in  any  church,  is  the 
number  to  be  that  simply  of  those  in  active  service  at  the  time,  or  all 
ruling  elders  who  are  members  of  the  church  ?  Ansiver.  Only  those  in 
active  service. 

b.  2.  In  reporting  the  number  of  communicants,  are  the  elders  and 
deacons  who  have  been  reported  in  their  appropriate  columns  to  be 
included  or  not  ?  In  other  words,  is  the  column  for  communicants  in 
future  to  be  for  private  members  or  for  all  communicants  (members  and 
officers),  excepting  ministers  ?  Answer.  All  members  in  communion  are 
to  be  enrolled,  including  the  officers.     Adopted. — 1880,  p.  o6. 


OF   THE   CHURCH   SESSION.  175 

5.  Rolls  of  baptized  children,  not  communicants,  to  be  kept. 

a.  From  the  Presbytery  of  St.  Lawrence  iu  regard  to  baptized  mem- 
bers. The  Assembly  directs  church  Sessions  to  exercise  greater  care  in 
preserving  accurate  rolls  of  their  baptized  members  who  are  not  com- 
municants.— 1881,  p.  548. 

b.  Overture  from  the  Presbytery  of  St.  LaAvrence,  asking  the  Assem- 
bly to  take  such  action  as  may  better  recognize  the  relation  of  baptized 
children  to  the  Church.  Your  Committee  recommend  the  following 
action  by  the  Assembly:  (1)  Churches  are  urged  to  keep  a  full  and 
permanent  roll  of  all  baptized  children,  and  carefully  to  note  their  public 
confession  of  Christ,  their  passing  beyond  the  watch  and  care  of  the 
church,  or  their  removal  by  death.  (2)  When  parents,  with  their 
families,  are  dismissed  to  other  churches,  the  names  of  baptized  children, 
who  have  neither  come  to  years  of  discretion  nor  become  communicants, 
should  be  embraced  in  the  certificates  given.     Adopted. — 1882,  p.  98. 

6.  Annual  narrative  of  the  state  of  religion. 

[Note. — See,  also,  in  this  Digest,  p.  878.] 

The Church  of >      . 

Presbytery  of 

Inquiries  for  the  guidance  of  church  Sessions  iu  the  preparation  of  the 
Narrative. 

I.    CONGREGATIONAL   SERVICES. 

1.  To  what  extent  has  your  congregation  been  supplied  with  preaching 
during  the  year  ? 

2.  How  many  services  do  you  usually  hold  on  the  Lord's  Day,  what  is 
the  nature  of  these  services,  and  has  the  attendance  been  encouraging  ? 

3.  To  what  extent  are  the  children  and  the  youth  of  the  congregation 
present  at  these  services  ? 

4.  What  meetings  for  worship  are  held  on  days  other  than  the  Lord's 
Day,  and  is  the  interest  in  these  meetings  well  sustained  ? 

II.    SABBATH-SCHOOLS. 

5.  How  many  Sabbath -schools  are  there  in  connection  with  your  con- 
gregation ? 

6.  Are  they  church,  union,  or  mission  schools  ? 

7.  Is  the  Shorter  Catechism  regularly  taught  ? 

8.  Are  the  AVestminster  Lesson  Helps  used  ?     If  not,  what  Helps  ? 

9.  Has  the  school  a  library,  and  is  proper  care  used  in  the  selection  of 
books  ? 

10.  State  what  encouragements  or  discouragements  there  are  in  the 
work. 

III.    SOCIETIES   OF    MEN    OR    WOMEN, 

11.  How  many  of  these  societies  are  there  in  the  congregation  ? 

12.  What  objects  do  they  include  in  their  work  ? 

13.  What  services  or  meetings  are  held  in  connection  with  their  work  ? 

14.  Are  these  societies  prospering  and  is  the  result  of  their  work 
encouraging  ? 

IV.    YOUNG   people's   SOCIETIES. 

15.  What  societies  for  the  young  are  there  in  the  congregation  ? 

16.  What  services  are  held  in  connection  with  these  societies  ? 


176  FORM  OF  GOVERNMENT,  CHAPS.  IX-X. 

17.  In  what  manner  and  to  what  extent  do  these  societies  ftirther  the 
spiritual  interests  of  their  members  and  the  general  welfare  of  the  con- 
gregation ? 

V.    SPIRITUAL    CONDITIONS. 

18.  Have  there  been  special  efforts  for  the  revival  of  religion  during 
the  year  ? 

19.  Has  there  been  any  marked  religious  interest  in  the  congregation  ? 

20.  Are  there  any  unusual  obstructions  to  the  progress  of  rehgion  in 
your  field  ? 

21.  Are  the  lives  of  your  church  members  in  harmony  with  their  cove- 
nant obligations  and  helpful  to  religion  ? 

22.  How  many  have  united  with  your  church  by  profession  of  faith 
during  the  past  year  ? 

VI.  BENEVOLENCE. 

23.  Does  the  congregation  contribute,  according  to  a  definite  plan,  to 
all  the  Boards  of  the  Church  ? 

24.  Is  there  a  growth  in  giving  in  accordance  with  the  abilities  of  the 
church  ? 

25.  Does  the  Sabbath -school  contribute  statedly  to  the  Boards  of  the 
Church  and  other  benevolent  objects  ? 

26.  To  what  Boards  of  the  Church  do  the  societies  of  men  and  women 
contribute  ? 

27.  To  what  Boards  do  the  Young  People's  Societies  contribute  ? 

28.  Is  proper  provision  made  for  the  poor  of  the  church  ? 

VII.    FAMILY    RELIGION. 

29.  Are  Cliristian  parents  faithful  in  presenting  their  children  for 
baptism,  and  are  they  well  instructed  in  respect  to  this  duty  ? 

30.  Are  the  obligations  of  family  worship  and  the  Christian  training  of 
children  urged  in  public  and  private  instruction  ? 

31.  Is  the  Session  faithful  in  its  care  of  "  children  bom  within  the 
pale  of  the  visible  Church  and  dedicated  to  God  in  baptism,"  and  does  it 
inform  them,  "  when  they  come  to  years  of  discretion,"  that  "  it  is  their 
duty  and  their  privilege  to  come  to  the  Lord's  Supper  ?"  (Directory  for 
Worship,  Chap.  x). 

VIII.    MISCELLANEOUS. 

32.  Are  the  financial  obligations  of  the  congregation  met  with  fidelity  ? 

33.  Are  the  temporalities  managed  by  the  deacons  or  by  Boards  of 
Trustees  ? 

34.  Is  any  work  done  for  the  judicious  advancement,  by  Christian 
methods,  of  legitimate  measures  of  moral  reform  ? 

35.  Does  the  Session  exercise  due  supervision  over  the  Sabbath -school 
and  all  the  societies  referred  to  above  ? — 1895,  pp.  127-129. 

[Note. — It  is  not  intended  that  the  Narrative  shall  be  restricted  to  bare  and  formal 
answers.  It  should  be,  however,  very  concise,  consisting  of  statements  of  fact  rather 
than  reflections.    Number  the  paragraphs  to  correspond  with  the  subjoined  topics.] 


OF    THE    PRESBYTERY.  177 

CHAPTER  X. 
OF  THE  PRESBYTERY. 

I.  The  Church  being  divided  into  many  sepai-ate  congregations,  these 
need  mutual  counsel  and  assistance,  in  order  to  preserve  soundness  of 
doctrine,  and  regularity  of  discipline,  and  to  enter  into  common  measures 
for  promoting  knowledge  and  religion,  and  for  preventing  infidelity,  error, 
and  immorality.  Hence  arise  the  importance  and  usefulness  of  presby- 
terial  and  synodical  assemblies. 

II.  A  presbytery  consists  of  all  the  ministers,  in  number  not  less  than 
five,  and  one  ruling  elder  from  each  congregation,  within  a  certain  district. 

1.  The  first  presbyteries  constituted  of  ministers. 

a.  It  having  pleased  divine  Providence  so  to  increase  our  number,  as 
that,  after  much  deliberation,  we  judge  it  may  be  more  serviceable  to  the 
interest  of  religion,  to  divide  ourselves  into  subordinate  meetings  or  Pres- 
byteries, constituting  one  annually  as  a  Synod,  to  meet  at  Philadelphia  or 
elsewhere,  to  consist  of  all  the  members  of  each  subordinate  Presbytery 
or  meeting  for  this  year  at  least :  Therefore  it  is  agreed  by  the  Presbytery, 
after  serious  deliberation,  that  the  first  subordinate  meeting  or  Presbytery, 
to  meet  at  Philadelphia  or  elsewhere,  as  they  shall  see  fit,  do  consist  of 
these  following  members,  viz. :  Masters  Andrews,  Jones,  Powell,  Orr, 
Bradner  and  Morgan.  And  the  second  to  meet  at  New  Castle  or  else- 
where, as  they  shall  see  fit,  to  consist  of  these,  viz. :  Masters  Anderson, 
McGill,  Gillespie,  Wotherspoon,  Evans  and  Conn.  The  third  to  meet  at 
Snow  Hill  or  elsewhere,  to  consist  of  these,  viz. :  Masters  Davis,  Hamp- 
ton and  Henry.  And  in  consideration  that  only  our  brethren,  Mr.  McNish 
and  Mr.  Pumry,  are  of  our  number  upon  Long  Island  at  present,  we 
earnestly  recommend  it  to  them  to  use  their  best  endeavors  with  the 
neighboring  brethren  that  are  settled  there,  which  as  yet  join  not  with  us, 
to  join  with  them  in  erecting  a  fourth  Presbytery.  And  as  to  the  time 
of  the  meeting  of  the  respective  Presbyteries,  it  is  ordered  that  that  be 
left  to  their  own  discretion. — 1716,  p.  45. 

b.  Agreed  that  Messrs.  Cross,  Gilbert  Tennant,  Francis  Alison,  Treat, 
Chesnut,  Martin,  Beatty,  Greenman,  Hunter,  Ramsey,  Lawrence,  and 
Kinkead,  be  the  Presbytery  of  Philadelphia.  Agreed  that  Messrs.  John 
Miller,  Tuttle,  Harris,  Henry,  and  Wilson,  be  a  Lewestown  Presbytery, 
and  have  under  their  care  the  congregations  in  Kent  on  Delaware,  Sussex, 
Worcester,  Somerset,  Dorset,  Queen  Anne's,  and  Kent  in  Maryland. — 
1758,  p.  288. 

Agreed,  that  Messrs.  Craighead,  Black,  Craig,  Miller,  Davies,  Todd, 
Henry,  Wright,  Brown,  and  Martin,  in  Virginia  and  southward,  be  the 
Presbytery  of  Hanover,  to  meet  for  the  first  time  at  Mr.  Wright' s  congrega- 
tion in  Cumberland  county,  on  the  second  Wednesday  of  July  next. — 1758, 
p.  289. 

C.  An  overture  was  laid  before  the  Assembly,  through  the  Synod  of 
Philadelphia,  requesting  a  division  of  the  Presbytery  of  Carlisle. 
Whereupon, 

Resolved,  That  the  said  Presbytery  be  divided  into  two  Presbyteries. 
—1765,  p.  349. 

[Note.— Carlisle  and  Huntingdon,  1794,  p.  89.  See  also  Columbia,  1802,  p.  251 ; 
Oneida,  p.  252;  Shenango,  1826,  p.  176;  Detroit,  1827,  p.  206;  and  the  Missionary 

12 


178  FORM  OF  GOVERNMENT,  CHAP.  X. 

Presbyteries  generally.  Later  usage  is  to  specify  the  congregations  within  the  bounds 
assigned.  A  Presbytery  may,  however,  be  formed  without  any  organized  churches. 
See  18-18,  p.  20,  O.  S.;  1851,  p.  35,  O.  S.  But  not  without  a  definite  territory.  1834,  p. 
441.    Nor  within  the  bounds  of  another  Presbytery. — 1873,  pp.  506,  525.] 

2.  The  Assembly  refuses  to  erect  a  Presbytery  of  less  than  the  constitu- 
tional number. 

Overture  from  eight  ministers  and  ruling  elders  in  the  Indian  Territory, 
petitioning  for  a  new  Presbytery  of  that  name.  The  Committee  report 
that  it  does  not  appear  that  the  number  of  ministers  now  constitutionally 
requisite  for  the  formation  of  a  Presbytery  are  found  among  the  petition- 
ers or  in  the  proposed  region.  They,  therefore,  recommend  that  the 
answer  be  in  the  negative.     Adopted. — 1871,  ^.  545. 

3.  A  Presbytery  with  less  than  five  ministers  dissolved. 

The  Presbytery  of  New  Orleans  not  having  had,  for  several  years,  the 
constitutional  number  of  ministers,  was  dissolved,  and  its  ministers  and 
churches  were  ordered  to  be  attached  to  the  Pi'esbytery  of  Austin. — 1880, 
p.  83. 

4.  Mission  Presbyteries  with  less  than  five  ministers  may  be  continued. 

Overture  from  the  Presbytery  of  Santa  Fe,  asking  for  an  explana- 
tion of  the  meaning  of  Chap,  x.  Sec.  ii,  of  the  Form  of  Government,  as 
recently  amended,  and  specially  inquiring  whether  that  section  as  amended 
contemplates  the  dissolution  of  Presbyteries  previously  organized  with  less 
than  five  ministers. 

Your  Committee  respectfully  recommend  the  adoption  of  the  following 
resolutions : 

1.  That  the  attention  of  the  members  of  the  Presbytery  of  Santa  F6 
be  called  to  the  exact  language  of  the  chapter  and  section  referred  to, 
which  is  :  "A  Presbytery  consists  of  all  the  ministers,  in  number  not 
less  than  five,  and  one  ruling  elder  from  each  congregation,  witliin  a  cer- 
tain district." 

2.  This  section,  as  it  now  reads,  does  not  contemplate  the  dissolution  of 
Presbyteries  previously  organized  in  remote  and  isolated  regions  with  less 
than  five  ministers. 

3.  The  attention  of  the  members  of  the  Presbytery  of  Santa  Fe  is 
called  to  p.  143  of  Moore's  Digest,  1886,  where  it  may  be  seen  that  the 
General  Assembly  is  disposed  to  excuse  remote  and  isolated  Presbyteries 
from  strict  compliance  with  certain  general  rules,  when  it  shall  appear 
that  every  reasonable  effort  has  beeu  made  to  comply  with  said  rules. 

4.  The  Presbytery  of  Santa  Fe  are  referred  to  their  Synod  for  further 
direction  as  to  the  general  contents  of  their  overture. 

The  report  was  adopted. — 1877,  p.  549. 

5.  "Elective  affinity"  Presbyteries  condemned. 

Resolved,  That  the  erection  of  church  courts,  and  especially  of  Pres- 
byteries and  Synods,  on  the  principle  of  "elective  affinity" — that  is, 
judicatories  not  bounded  by  geographical  limits,  but  having  a  chief  regard 
in  their  erection  to  diversities  of  doctrinal  belief  and  of  ecclesiastical 
polity — is  contrary  both  to  the  letter  and  the  spirit  of  our  constitution, 
and  opens  a  wide  door  for  mischiefs  and  abuses  of  the  most  serious  kind. 
One  such  Presbytery,  if  so  disposed,  might  in  process  of  time  fill  the 
whole  Church  with  unsound  and  schismatic  ministers,  especially  if  the 
principle  were  adopted  that  regidar  testimonials  must  of  course  secure  the 


OF    THE    PRESBYTERY.  179 

admission  of  those  who  bore  them  into  any  other  Presbytery.  Such  a 
Presbytery,  moreover,  being  without  geographical  bounds,  might  enter  the 
limits  and  disturb  the  repose  of  any  church  into  which  it  might  think 
proper  to  intrude,  and  tlius  divide  churches,  stir  up  strife,  and  promote 
party  spirit  and  schism  with  all  their  deplorable  consequences.  Surely  a 
plan  of  procedure  in  the  Church  of  God  which  naturally  and  almost 
unavoidably  tends  to  produce  etiects  such  as  these,  ought  to  be  frowned 
upon,  and,  as  soon  as  possible,  terminated  by  the  supreme  judicatory  of 
the  Church.— 1835,  p.  486. 

IT^OTE. — Exceptions  were  made  in  behalf  of  the  missionaries  among  the  Indians. 
Minutes  1826,  p.  181  ;  1828,  pp.  246,  247  ;  1829,  p.  259.] 

6.  Presbyteries  to  be  defined  by  geographical  lines  or  lines  of  travel. 

1 .  That  each  several  Presbytery,  with  the  ministers  and  churches  mthin 
its  limits,  be  defined  as  to  boundaries  by  geographical  lines,  or  with 
respect  to  the  most  convenient  lines  of  travel. — 1870,  p.  88. 

7.  Presbjrteries  may  not  be  organized  so  as  to  cover  the  same  ground. 

a.  A  memorial  from  David  M.  Wilson,  of  the  Presbytery  of  Kingston, 
Synod  of  Tennessee,  praying  this  General  Assembly  to  give  an  authorita- 
tive deliverance  in  reference  to  the  right  of  a  Synod  to  organize  a  colored 
Presbytery  on  territory  included  in  Presbyteries  already  existing. 

The  Committee  on  Polity  recommend  that  this  request  be  not  granted, 
and  that  the  authoritative  deliverance  be  made  according  to  the  definition 
of  a  Presbytery,  in  Chap,  x,  Sec.  ii,  of  our  Form  of  Government,  viz. : 
*'A  Presbytery  consists  of  all  the  ministers,  in  numbers  not  less  than  five, 
and  one  ruling  elder  from  each  congregation  within  a  certain  district." 
The  General  Assembly  must  forbid  the  organization  of  more  Presbyteries 
than  one  upon  the  same  ground,  allowing  no  distinctions  of  race  or  color 
or  language  to  interfere  with  the  unity  and  simplicity  of  that  oversight 
which  the  Constitution  of  this  Church  requires.     Adopted. — 1873,  p.  525. 

b.  The  Committee  (on  Polity)  would  give  the  same  reply  to  the  appli- 
cation for  a  German  Presbytery  that  was  given  to  the  application  for  a 
CO forerf  Presbytery.      (See  above. )     Adopted. — 1873,  p.  539. 

C.  The  Committee  on  the  Records  of  the  Synod  of  Tennessee  recom- 
mended their  approval,  except  that  the  organization  of  a  Presbyteiy  as 
authorized  by  the  action  of  Synod,  recorded  on  p.  361  (see  a,  above), 
would  be  irregular,  for  the  reason  that  the  new  Presbytery  would  cover 
territory  akeady  belonging  to  other  Presbyteries,  and  the  same  territory 
thus  come  under  the  jurisdiction  of  different  Presbyteries.  Adopted. — 
1873,  p.  506. 

8.  Presbyteries  and  Synods  in  foreign  missionary  fields. 

The  Committee,  to  whom  was  referred  the  report  of  the  Special  Com- 
mittee on  Missionary  Presbyteries  and  Synods  appointed  by  the  last 
General  Assembly,  presented  their  report,  recommending  the  adoption  of 
the  following  rules  in  reference  to  the  formation  of  Synods  and  Presby- 
teries in  foreign  missionary  fields: 

I.  In  regions  occupied  by  the  Presbyterian  Board  of  Foreign  Missions 
only : 

1.  In  such  regions.  Presbyteries,  and  eventually  Synods,  may  be  organ- 
ized, at  discretion,  if  not  already  organized;  under  whose  care  the  native 
churches  in  the  missions  shall  be  placed. 


180  FORM  OF  GOVERNMENT,  CHAP.  X. 

2.  Each  Presbytery  shall  consist  of  all  the  ministers,  foreign  and 
native,  not  less  than  five  in  number,  and  a  ruling  elder  from  each  church 
within  its  bounds. 

3.  Such  Synod  shall  regularly  send  to  the  General  Assembly  certified 
copies  of  their  minutes ;  and  such  Presbyteries,  narratives  of  the  state  of 
religion  and  statistical  reports. 

II.  In  regions  occupied  by  the  Board  and  by  the  missions  of  other 
Presbyterian  denominations: 

1.  In  such  regions,  missionary  churches.  Presbyteries,  and  Synods, 
holding  the  same  faith  and  order,  should  be  encouraged  to  enter  into 
organic  relations  with  each  other  for  joint  work  in  the  common  field. 

2.  For  purposes  of  representation,  however,  the  ordained  ministers, 
foreign  and  native,  connected  with  the  Board  of  Foreign  Missions,  if 
sufiicient  in  number,  shall,  with  an  elder  from  each  of  their  churches,  be 
regarded  as  a  distinct  Presbytery,  entitled  to  appoint  Commissioners  to  the 
General  Assembly. 

3.  In  all  organizations  constituted  on  this  plan  it  is  understood  that  no 
allowance  is  to  be  given  to  any  departure  from  the  Confession  of  Faith  of 
the  Presbyterian  churches  of  Great  Britain  and  America. 

The  report  was  adopted. — 1879,  p.  620. 

9.  TJnion  Presbyteries  in  foreign  fields. 

a.  That  the  formation  of  Union  Presbyteries  in  foreign  fields  jointly 
occupied  by  organizations  in  harmony  A\ith  the  reformed  system  of  doc- 
trine and  with  the  Presbyterian  polity  is  encouraged ;  and  that  the  whole 
subject  of  the  relation  of  our  American  ordained  missionaries  to  these 
Union  Presbyteries  is  referred  to  a  Committee  of  thi'ee  ministers  and  two 
ruling  elders,  whose  duty  shak  be  carefully  to  define  the  ecclesiastical 
status  of  such  missionaries,  and  report  to  the  next  General  Assembly  for 
approval. — 1886,  p.  54. 

b.  On  the  report  of  the  Committee  the  following  resolutions  were 
adopted : 

1.  That  in  order  to  build  up  independent  national  churches  holding  to 
the  Reformed  doctrine  and  the  Presbyterian  polity,  on  foreign  fields,  the 
more  general  and  complete  identification  of  our  missionaries  with  the 
native  ministers  and  churches  and  other  foreign  missionaries  on  these 
fields,  is  of  the  most  vital  importance,  and  needs  to  be  pushed  forward  as 
rapidly  as  is  consistent  with  a  due  regard  to  the  interests  of  all  parties  to 
these  unions. 

2.  That  in  countries  were  it  is  possible  satisfactorily  to  form  Union  Pres- 
byteries, the  further  organization  of  Presbyteries  in  connection  with  this 
General  Assembly  is  discouraged,  and  in  countries  where  there  are  now 
Presbyteries  in  connection  with  this  General  Assembly,  but  where  it  is 
possible  satisfactorily  to  form  Union  Presbyteries,  it  is  strongly  urged  that 
the  steps  be  taken  as  rapidly  as  this  can  wisely  be  done,  to  merge  the 
membership  in  Union  Presbyteries,  and  to  dissolve  the  Presb}'teries  of 
this  General  Assemlily. 

3.  That  in  the  case  of  our  ordained  foreign  missionaries  who  are  not  in 
full  membership  of  Union  Presbyteries  covering  the  territory  where  they 
reside,  it  is  urged  that  so  soon  as  practicable,  they  become  full  memljers; 
and  also  that  when  our  foreign  missionaries  are  full  members  of  these  or 
as  rapidly  as  they  become  such,  they  are  urged  to  ask  letters  of  dismissal 
from  their  Presbyteries  to  these  Union  Presbyteries;    and,    it  is  hereby 


OF   THE    PRESBYTERY.  181 

ordered,  that  so  soon  as  these  letters  are  accepted,  they  cease  to  be  regular 
members  of  these  Presbyteries. 

4.  That  in  case  any  missionary  thinks  it  undesirable  to  make  this  trans- 
fer of  ecclesiastical  membership,  the  decision  as  to  the  question  shall  be 
left  to  the  home  Presbytery  to  which  he  belongs;  before  which  body,  if  so 
desired  by  it,  he  shall  lay  his  reasons  for  the  delay ;  and  the  Presbyteries 
are  requested  to  use  patience  in  dealing  with  such  cases. 

5.  That  each  home  Presbytery  shall  fi'om  year  to  year,  in  its  statistical 
report,  place  on  a  supplementary  roll,  to  be  published  with  the  remainder 
of  the  report  in  the  Minutes  of  the  General  Assembly,  the  names  of  all 
ordained  missionaries  who,  having  been  sent  out  by  it,  are  still  engaged 
in  our  foreign  missionary  work,  but  who,  by  joining  Union  Presbyteries 
in  harmony  with  the  Reformed  doctrine  and  Presbyterian  polity,  have 
severed  their  former  membership  with  the  home  Presbytery. 

6.  That  in  all  regions  where,  through  the  organization  of  Union  Pres- 
byteries, there  are  no  Presbyteries  in  connection  with  this  Assembly,  each 
mission  organized  as  such  under  our  Board  of  Foreign  Missions  may  send 
to  the  General  Assembly  an  ordained  missionary,  or  ruling  elder,  as  a 
delegate;  and  the  standing  rules  of  the  Assembly  are  hereby  so  amended 
that  such  delegate  is  entitled  to  sit  as  an  advisory  member  in  the  Assem- 
bly, and  to  speak,  under  the  rules,  on  all  questions,  and  that  his  expenses 
from  his  domicile  in  this  country  to  and  during  the  Assembly  and  return, 
shall  be  met  as  those  of  Commissioners  out  of  the  funds  of  the  Assem- 
bly; and  further  that  Synods  be  requested  to  make  a  suitable  provision 
for  a  sirnilar  representation  at  their  meetings. 

7.  That  Presbyteries  are  advised  that  the  rule  as  to  foreign  ministers 
who  seek  to  enter  our  Presbyteries  is  interpreted,  as  not  applying  to  mis- 
sionaries who  have  been  placed  on  the  supplementary  rolls  of  Presby- 
teries, and  who  bring  letters  of  dismissal  from  Union  Presbvteries.  - — 
1887,  pp.  23,  24. 

10.  Ministers  without  charge  are  constituent  members  of  Presbytery. 

Are  ministers  without  charges  constituent  members  of  our  church  judi- 
catures, and  have  they  an  equal  voice  with  settled  pastors  and  ruling 
elders  of  congregations  in  ecclesiastical  governments  ? 

In  the  judgment  of  this  Assembly  this  question  is  answered  affirma- 
tively, Chap.  X,  Sec.  ii,  of  the  Form  of  Government  of  the  Presbyte- 
rian Church,  in  these  words :  '  'A  Presbytery  consists  of  all  the  ministers 
and  one  ruling  elder  from  each  congregation  within  a  certain  district." 
—1816,  p.  615. 

11.  Elders  without  charge  and  membership  in  Presbytery. 

[Note. — See  under  Chap,  xiii,  8ec.  viii,  p.  541.] 

12.  Ministers  without  charge  must  unite  with  the  Presbytery  within 
whose  bounds  they  reside. 

5.  That  ministers  without  charge  are  required  to  unite  with  that  Pres- 
bytery, within  the  geographical  limits  of  Avhich  they  ordinarily  reside,  or 
are  nearest  to,  and  to  which  they  shall  be  amenable  for  the  proper 
discharge  of  their  ordination  engagements. — 1870,  p.  88. 

13.  The  Presbytery  to  judge  each  case  of  those  living  out  of  their 

bounds, 
a.   Overture,  being  a  request  from  the  Pi'esbytery  of  Cleveland:  1. 
That  this  Assembly  lay  down  some  general  rule  for  dealing  with  those 


182  FORM  OF  GOVEKKMENT,  CHAP.  X. 

members  of  Presbyteries  who,  uot  actively  engaged  in  the  pastoral  work, 
neglect  to  report  to  their  Presbyteries;  and, 

2.  To  lay  down  some  uniform  rule  concerning  those  ministers  who 
leave  the  bounds  of  their  own  Presbytery  and  neglect  to  remove  their 
connection,  though  their  residence  is  permanently  fixed  within  the  bounds 
of  another  Presbytery.  The  Committee  recommend  that  each  such  case 
be  decided  by  the  Presbytery  on  its  own  merits.     Adopted. — 1878,  p.  57. 

b.  Overture  from  the  Presbytery  of  Philadelphia,  in  reference  to  the 
case  of  Rev.  James  Smith. 

As  the  Rev.  James  Smith,  at  the  time  of  the  reconstruction  of  our 
Synods  and  Presbyteries,  resided  in  the  territory  covered  by  the  Presby- 
tery of  Wisconsin  River,  he  should  have  united  with  that  Presbytery. 
Having  failed  to  do  so,  and  the  Presbytery  of  Philadelphia  having 
informed  the  Presbytery  of  Wisconsin  River  of  his  status  at  the  time  of 
the  reconstruction,  the  latter  Presbytery  should  communicate  with  him  as 
to  his  duty,  ascertain  why  he  failed  to  rejjort  to  them,  and  enroll  him 
as  one  of  their  members. — 1879,  p.  612. 

14.  Non-residents  to  be  transferred  to  the  Presbyteries  within  the 
bounds  of  which  they  reside. 

The  Committee  to  whom  was  referred  an  overture  from  the  Synod  of 
Albany,  in  regard  to  non-resident  members  of  Presbyteries,  made  the 
following  report,  which  was  adopted,  viz. : 

In  conformity  with  the  overture  from  the  Synod  of  Albany,  the  Com- 
mittee would  recommend  to  the  Assembly  the  adoption  of  the  following 
resolution,  viz. : 

Resolved,  That  it  be  enjoined  on  the  Presbyteries  to  inquire  carefully 
in  regard  to  any  of  their  members,  who  may  be  residing  without  the 
bounds  of  their  respective  Presbyteries,  whether  there  be  sufficient  cause 
for  such  uon -residence;  and  if  not,  that  measures  be  taken  to  transfer 
the  relation  of  such  ministers  to  the  Presbyteries  in  the  bounds  of  which 
they  reside. — 1836,  p.  530. 

15.  The  above  rules  defined  and  affirmed. 

The  Committee  on  Bills  and  Overtures  reported  back  Overture  No. 
32,  which  was  adopted  as  explanatory  of  principle  5,  page  88,  of  the 
Minutes  of  the  Assembly  of  1870,  as  follows: 

The  Assembly,  in  reconstructing  the  Church,  did,  by  the  act  of  recon- 
struction, design  to  return  to  the  exact  language  of  the  Form  of  Gov- 
ernment, which  declares  that  a  ' '  Presbytery  consists  of  all  the  ministers 
and  one  ruling  elder  from  each  congregation  Avithin  a  certain  district. 
Ministers  residing  within  the  geographical  limits  of  a  Presbytery  were, 
ipso  facto  (provided  they  were  in  good  standing  in  the  Presbytery  to 
which  they  belonged),  members  of  that  Presbytery,  and  should  have 
been  so  enrolled." 

After  the  Presbyteries  were  reconstructed,  all  ministers  uniting  wnth 
them  could  only  be  received  by  regular  letters  of  dismission  and  recom- 
mendation. 

The  Assembly  also  affirms  the  duty  of  ministers  to  unite  with  the 
Presbyteries  within  whose  bounds  they  reside;  except  where  their  minis- 
terial labors  are  in  an  adjacent  Presbytery. — 1872,  p.  94. 


OF    THE    PRESBYTERY.  183 

16.  Jurisdiction  over  members  non-resident. 

[Note. — See  Book  of  Discipline,  Chap,  xi,  Sec.  ex.] 

III.  Every  congregation  which  has  a  stated  pastor  has  a  right  to  be 
represented  by  one  elder ;  and  every  collegiate  church  by  two  or  more 
elders,  in  proportion  to  the  number  of  its  pastors. 

1.  Collegiate  church  defined. 

Overture  from  a  member  of  the  Synod  of  Pittsburgh,  as  follows: 

a.  Is  a  church  having  two  pastors,  one  aged  or  iufirmj  the  other  asso- 
ciate or  co-pastor,  entitled  to  two  elders  in  Presbytery  and  vSynod  ?  Or 
what  is  the  meaning  of  a  "  collegiate  church, ' '  in  Chap,  x.  Sec.  iii,  of 
the  Form  of  Government  ? 

The  Committee  recommended  this  answer: 

The  general  principle  of  our  polity  is  that  there  shall  be  in  our  church 
courts  an  equal  number  of  ministers  and  ruling  elders.  But  vacant 
churches  are  entitled  to  a  representation.  The  term  ' '  collegiate  church  ' ' 
is  used  in  two  senses — first,  of  a  church  with  more  than  one  pastor; 
second,  of  two  or  more  churches  united  under  the  care  of  one  pastor. 

The  report  was  adopted. — 1868,  p.  651,  O.  S. 

b.  Overture  from  the  Presbytery  of  Cleveland  in  regard  to  representa- 
tion of  collegiate  churches.     The  Committee  recommend  that  no  action 
be  taken,  reference  being  made  to  the  Digest,  1873,  p.  138.     Adopted 
—1874,  p.  83. 

[Note. — See  below,  under  Sec.  iv.] 

IV.  Where  two  or  more  congregations  are  united  under  one  pastor, 
all  such  congregations  shall  have  but  one  elder  to  represent  them. 

1.  United  congregations  represented  by  one  elder. 

An  overture  from  the  Synod  of  Mississippi,  asking,  "  When  two  or 
more  congregations  have  separately  called  one  and  the  same  minister  to 
become  the  pastor  of  each  church,  and  he  accepts  these  calls,  and  is 
installed  over  these  congregations  as  pastor,  are  the.se  chui'ches  entitled 
to  one  or  more  elders  to  represent  them  in  Presbytery  ?"  The  Com- 
mittee recommended  the  following  resolution,  which  was  adopted,  viz. : 

Resolved,  That  the  question  be  answered  in  the  negative. — 1847  p 
377,  O.  S. 

[Note. — The  meaning  of  the  above  is  that  the  united  congregations  are  entitled  to 
be  represented  in  Presbytery  by  one  elder.] 

2.  Where  a  minister  is  pastor  of  one  church  and  stated  supply  of 
another  each  is  entitled  to  be  represented. 

Where  a  minister  is  at  the  same  time  pastor  of  one  church,  and  acts 
as  stated  supply  of  another,  has  each  of  said  churches  a  right  to  be 
represented  by  its  own  elder,  at  the  same  meeting  of  the  Presbytery  or 
Synod  ?  or  does  this  case  come  under  the  rule  Chap,  x.  Sec.  iv.  Form  of 
Government  ? 

The  Assembly  answer.  That  churches  having  stated  supplies  only  are 
not  such  churches  as  are  contemplated  in  the  article  referred  to,  and 
have  a  right  of  representation  according  to  the  principles  of  the  Form  of 
Government,  Chap,  x,  Sec,  v. — 1851,  p.  15,  N.  S. ;  also  1847,  p.  377, 
O.  S. 


184  FORM  OF  GOVERNMENT,  CHAP.  X. 

3.  Churches  in  diflferent  Presbyteries  under  one  pastor,  as  permitted 

by  the  Reconstruction  Act. 

Overture  No.  16,  from  the  Presbytery  of  Kittanning,  asking  further 
action  from  the  Assembly  in  reference  to  churches  in  diiferent  Presby- 
teries united  in  one  pastoral  charge. 

The  Assembly  judge  any  additional  action  upon  the  subject  to  be 
unnecessary,  as  the  action  of  the  previous  Assembly  was  intended  to 
cover  all  such  cases,  and  is  valid,  until  repealed. — 1872,  p.  86. 

The  action  referred  to  is  as  follows,  viz. : 

4.  That  when  two  or  more  congregations,  on  different  sides  of  a 
Synodical  or  Presbyterial  line,  are  under  one  pastoral  charge,  they  shall 
all,  for  the  time,  belong  to  that  Presbytery  with  which  the  minister  is 
connected,  but  only  so  long  as  such  pastoral  relation  continues. — 1870, 
p.  88. 

4.  Churclies  in  different  Presbyteries,  under  one  pastor,  are  under  the 

care  of  the  Presbytery  to  which  the  pastor  belongs,  while  the  relation 
continues. 

Overtures  from  the  Presbyteries  of  Kittanning,  Clarion  and  Blairs- 
ville:  "  When  two  churches  in  different  Presbyteries  or  Synods  are  so 
situated  as  to  make  it  apparent  to  the  Presbyteries  to  which  they  belong, 
that  they  should  be  united  in  one  pastoral  charge,  the  pastoral  relation 
may  be  constituted,  and  both  churches  shall,  for  the  time  being,  be  under 
the  care  of  that  Presbytery  of  which  the  pastor  is  a  member;  and  this 
Presbyterial  relation  shall  continue  only  so  long  as  they  retain  the  same 
pastor."  The  Committee  recommend  the  adoption  of  the  overture. 
Adopted.— 1874,  p.  82. 

5.  The  course  to  be  pursued  when  the  pastoral  relation  is  to  be  consti- 

tuted over  churches  in  different  Presbyteries  or  Synods. 

Overture  from  the  Presb}^ery  of  Cayuga.  The  following  action  was 
taken  by  the  General  Assembly  of  1874  (see  Minutes,  p.  82): 

"  When  two  churches  in  different  Presbyteries,  or  Synods,  are  so  situ- 
ated as  to  make  it  apparent  to  the  Presbyteries  to  which  they  belong  that 
they  should  be  united  in  one  pastoral  charge,  the  pastoral  relation  may 
be  constituted ;  and  both  churches  shall  for  the  time  being  be  under  the 
care  of  that  Presbytery  of  which  the  pastor  is  a  member,  and  this  Pres- 
byterial relation  shall  continue  only  so  long  as  they  retain  the  same 
pastor. ' ' 

The  above  action  is  silent  as  to  hoAV  and  by  whom  this  pastoral  relation 
over  two  churches  in  different  Presbyteries  is  to  be  constituted,  and  as  to 
the  time  when,  and  the  process  by  which,  one  of  such  churches  shall  be 
transferred  to  the  jurisdiction  of  the  other  Presbytery. 

The  Presbytery  of  Cayuga,  having  experienced  certain  difficulties  in 
carrying  out  said  ' '  action, ' '  and  having  had  our  act  under  it  declared 
"  irregular"  by  the  Synod  of  New  York  (see  printed  Minutes  of  the 
Synod  of  New  York  for  1889,  p.  47),  respectfully  overtures  the  Gen- 
eral Assembly  to  take  such  further  action,  supplementing  the  action  of 
1874,  and  in  harmony  therewith,  as  shall  specifically  authorize  either  of 
the  Presbyteries  to  which  the  two  congregations  belong,  upon  the  consent 
and  concurrence  of  the  other  Presbytery,  to  constitute  the  pastoral 
relation  over  the  two  congregations;  and  as  shall  authorize  the  Stated 
Clerks  of  said  Presbyteries  to  transfer,  for  the  time  being,  either  church, 


OF    THE    PRESBYTERY,  185 

as  required,  to  the  roll  and  jurisdiction  of  the  Presbytery  of  which  the 
pastor  is  a  member.  Without  presuming  to  judge  the  matter,  we  also 
respectfully  suggest  that  the  Presbytery  of  which  the  minister  is  a  mem- 
ber, and  to  the  care  of  which  the  congregation  is  to  be  transferred,  is 
naturally  the  one  to  constitute,  with  the  consent  and  concurrence  of  the 
other  Presbytery,  the  pastoral  relation  over  both  congregations. 

Answer :  The  Committee  recommend  the  following  answer  as  supplemen- 
tal to  the  action  of  1874  (Digest,  1886,  p.  491)  : 

The  Presbytery  of  which  the  minister  is  a  member,  and  to  the  care  of 
which,  for  the  time  being,  one  of  the  churches  is  to  be  transferred,  shall 
constitute,  with  the  consent  and  concurrence  of  the  other  Presbytery, 
the  pastoral  relation  over  both  churches.  But  the  Presbytery  from 
which  the  church  is  temporarily  to  be  removed,  should  first  authorize  the 
transfer  of  said  church,  and  direct  its  Stated  Clerk  to  give  notice  of  the 
same  both  to  the  church  and  to  the  other  Presbytery. — 1890,  pp.  46,  47. 

V.  Every  vacant  congregation  which  is  regularly  organized  shall  be 
entitled  to  be  represented  by  a  ruling  elder  in  Presbytery. 

1.  Every  congregation  is  vacant  which  has  not  a  pastor  duly  installed. 

a.  Should  every  congregation  be  considered  as  vacant  which  is  not 
united  to  any  minister  in  the  pastoral  relation  ?  and  if  it  should,  is  not 
every  such  congregation  entitled  to  be  represented  by  a  ruling  elder  in 
Presbytery  ? 

Resolved,  That  from  a  comparison  of  Sees,  iii  and  v,  of  Chap,  x.  Form 
of  Government,  it  is  evident  that  every  congregation  without  a  pastor 
is  to  be  regarded  as  a  vacant  congregation,  and  consequently,  if  regu- 
larly organized,  is  entitled  to  be  represented  by  a  ruling  elder  in  a  Pres- 
bytery.—1843,  pp.  190,  196,  O.  S. 

b.  When  a  domestic  missionary  has  organized  in  his  field  of  labor  two 
or  more  churches  to  Avhich  he  statedly  ministers,  though  not  installed  as 
pastor  over  any  of  them,  are  these  churches  to  be  considered  vacant,  and 
have  they  a  right  each  to  send  an  elder  to  represent  them  in  Presbytery  ? 

Answer:  That  in  the  cases  specified  the  churches  are  vacant,  and 
entitled  to  be  represented  by  elders. — 1860,  p.  38,  0.  S. 

[Note. — See  iv,  above.] 

C.  Overture  from  the  Presbytery  of  Bloomington,  asking,  "  What  is 
a  vacant  church?"  Ans^ver :  "Every  congregation  or  church  is 
vacant  which  has  not  a  pastor  duly  installed  "  {Moore'' s  Digest,  1886, 
p.  139),     Adopted.— 1895,  p.  102. 

VI.  Every  elder  not  known  to  the  Presbytery  shall  produce  a  certifi- 
cate of  his  regular  appointment  from  the  church  which  he  represents. 

VII.  Any  three  ministers,  and  as  many  elders  as  may  be  present 
belonging  to  the  Presbytery,  being  met  at  the  time  and  place  appointed, 
shall  be  a  quorum  competent  to  proceed  to  business. 

1.  A  quorum  may  be  constituted  wholly  of  ministers, 
a.  Resolved^  That  any  three  ministers  of  a  Presbytery,  being  regularly 
convened,  are  a  quorum   competent  to  the  transaction   of  all  business, 
agreeably  to  the  provision  contained  in  the  Form  of  Government,  Chap. 
X,  Sec.  vu.— 1843,  p.  196,  O.  S. 


186  FORM  OF  GOVERXMENT,  CHAP.  X. 

In  answer  to  memorials  on  this  subject,  the  Assembly — 
b.  Resolved,  That  the  last  Assembly,  in  determining  that  three  minis- 
ters are  a  quorum  of  the  Presbytery  when  no  ruling  elders  are  present, 
did  not  detract  in  any  degree  from  the  dignity  and  importance  of  this 
office,  nor  did  they  question  the  perfect  right  or  duty  of  elders  to  be 
present  and  take  part  in  all  acts  of  government  and  discipline,  but  only 
declared  that  according  to  the  true  intent  and  meaning  of  our  constitu- 
tional rules,  their  absence  does  not  prevent  the  Presbytery  from  constitu- 
ting and  transacting  business  if  three  ministers  are  present;  and  this 
decision  is  based  upon  the  fact  that  ministers  are  not  only  preachers  of 
the  Gospel  and  administrators  of  sealing  ordinances,  but  also  ruling 
elders  in  the  very  nature  of  their  office. — 1844,  p.  370,  O.  S. 

[Note. — Against  this  action  of  the  Assembly  a  protest  was  entered  by  twenty-eight 
members  of  the  Assembly.  For  .protest  and  answer  see  Baird's  Digest,  revised 
edition,  pp.  71-75.    The  Assembly  disavows  the  charges  by  the  following  :] 

C.  Resolved,  That  this  Assembly,  in  reaffirming  those  decisions  of  the 
last  Assembly  which  have  been  called  in  question,  design  to  maintain  the 
purity,  order  and  peace  of  the  Church,  and  the  continued  and  faithful 
observance  of  those  principles  and  regulations  which  have  heretofore 
been  found  to  consist  with  true  Christian  liberty  and  secure  the  common 
welfare  of  all  classes  in  the  Church.  Also,  they  reaffirm  and  maintain 
the  Scriptural  authority  of  the  office  of  ruling  elder,  and  the  great 
importance  and  solemn  obligation  of  the  attendance  of  elders  on  the 
meetings  of  the  judicatories  of  the  Church,  and  of  their  equal  participa- 
tion in  the  exercise  of  government  and  discipline. — 1844,  p.  371,  O.  S. 

2.  Less  than  three  ministers  cannot  be  a  quorum. 

The  records  of  the  Synod  of  Genesee  were  excepted  to  because  the 
Synod  made  two  clerical  members  of  a  Presbytery  a  quorum  for 
business.  — 1857,  p.  387,  N.  S., 

3.  Less  than  a  quorum  can  do  no  Presbyterial  act  other  than  to  adjourn. 
They  cannot  receive  a  member,  so  as  to  form  a  quorum. 

The  Committee  appointed  by  the  last  Assembly  with  reference  to  a 
Presbyterial  quorum  presented  their  report,  which  was  adopted,  and  is 
as  follows : 

The  overture  is  presented  in  three  several  branches,  and  is  in  the 
following  w^ords,  viz. : 

1.  Has  any  number  of  members  of  a  Presbytery  less  than  a  quorum 
for  the  transaction  of  business,  as  mentioned  in  the  Form  of  Government, 
Chap.  X,  Sec.  vii,  authority  to  transact  any  business  except  to  adjourn  ? 
Have  they  authority  to  receive  members  into  the  Presbytery,  to  send 
delegates  to  the  General  Assembly,  etc.  ? 

2.  And  where  members  received  into  the  Presbytery  by  a  number  less 
than  a  quorum  take  up  charges  on  ' '  common  fame  ' '  against  a  minister 
of  the  Gospel  belonging  to  such  Presbytery,  is  a  trial  founded  on 
charges  so  taken  up  authorized  by  our  Book  of  Discipline  ? 

3.  Is  a  Presbytery  duly  organized,  when  the  Moderator  and  Tempo- 
rary Clerk  are  ministers,  who  have  not  been  admitted  into  the  Presbytery 
by  a  quorum  for  the  transaction  of  business  ?  And  is  any  business 
transacted  by  a  Presbytery  so  organized  constitutional,  especially  the 
trial  of  a  minister  of  the  Gospel  ? 


OF   THE   PRESBYTERY.  187 

The  Committee  are  unanimous  and  unhesitating  in  the  following  \'iews, 
presented  under  the  several  branches  of  the  overture  in  their  order: 

a.   The  laiv  of  a  quorum. 

As  to  the  first  branch  of  the  overture: 

The  law  of  a  quorum  is  not  a  mere  rule  of  procedure,  a  provision  of 
order,  but  a  matter  respecting  the  very  being  of  the  judicatory.  Any 
number  of  members  less  than  the  constitutional  quorum  do  not  make  a 
judicatory,  and  are  not  competent  to  any  organic  act.  Nor  can  they,  by 
associating  others  with  themselves,  under  the  pretence  or  form  of  receiv- 
ing them  as  members  of  the  judicatory,  make  a  constitutional  quorum. 
Their  acts  are  simply  null  and  void.  Ex  nihilo  nihil  fit.  This  state- 
ment applies  to  every  judicatory  in  the  series  from  the  church  Session  to 
the  General  Assembly. 

Any  number  of  persons  less  than  ' '  three  ministers  and  as  many  elders 
as  may  be  present  belonging  to  the  Presbytery,"  do  not  constitute  a 
Presbytery,  and  are  not  competent  to  do  a  Presbyterial  act.  Of  course 
they  have  not  *  *  authority  to  receive  members  into  the  Presbytery, ' '  nor 
"  to  send  delegates  to  the  General  Assembly."  Ministers  received  by 
them  do  not  thereby  become  members  of  the  Presbytery,  and,  if  they 
assume  to  act  as  such,  they  are  simply  aliens  and  intruders.  Commis- 
sioners sent  by  them  to  the  General  Assembly  should  not  be  allowed  to 
sit,  when  the  facts  of  their  appointment  are  understood. 

The  doings  of  such  a  meeting  should  not  have  a  place  on  the  records. 
But  if  the  Stated  Clerk  records  them,  the  Presbytery  itself,  when  consti- 
tutionally organized,  should  take  action  to  adopt  or  disafiirm  them;  and, 
in  failure  of  this,  the  Synod,  under  its  power  of  review  and  control, 
should,  on  inspection  of  the  records,  notice  the  unconstitutional  proceed- 
ings, and  require  the  Presbytery  to  make  the  necessary  correction. 

Were  it  necessary  to  confirm  these  positions,  it  would  be  sufficient  to 
refer  to  the  decision  of  the  General  Assembly  (Moore's  Digest,  1861,  p. 
105)  in  regard  to  a  quorum  of  Sessions,  to  the  effect,  that  what  is 
"  necessary  to  constitute  a  quorum,"  is  "  necessary  to  form  a  Session;" 
and  to  the  deliverance  of  the  Assembly  of  1860  (see  Minutes,  pp.  260. 
261,  N.  S. ),  on  an  overture  respecting  certain  disorderly  proceedings  of  a 
church,  in  which  the  principle  is  involved  and  affirmed,  that  an  "  uncon- 
stitutional act,"  is  "  utterly  null  and  void;"  and  that  "  being  void," 
it  "  works  no  effect." 

b.    Taking  up  charges  equivalent  to  entering  process. 

As  to  the  second  branch  of  the  overture : 

"  Taking  up  charges  "  is  equivalent  to  "  entering  process,"  or  "  com- 
mencing process"  (cf.  Book  of  Discipline  (old).  Chap,  iii.  Sec.  v, 
with  Chap,  v,  Sees,  ii  and  v).  It  is  the  beginning,  or  first  formal  step, 
of  a  judicial  proceeding;  and  is  of  course  the  act  of  the  judicatory. 
Now,  all  the  provisions  of  the  Book  of  Discipline,  in  relation  to  the  trial 
of  persons  subject  to  the  jurisdiction  of  a  judicatory,  presuppose  and 
assume,  that  "  the  charges  have  been  taken  up,"  as  well  as  that  every 
subsequent  step  of  the  proceedings  has  been  had  by  the  judicatory  itself. 
Hence  the  Book  of  Discipline  does  not  ' '  authorize  ' '  the  trial  of  a 
minister  of  the  Gospel  by  his  Presbytery,  ' '  on  charges  taken  up  ' '  by 
individuals  usurping  its  prerogatives,  but  only  on  charges  taken  up  by 
itself. 


188  FORM  OF  GOVERNMENT,  CHAP.  X. 

The  Book  of  Discipline  (old),  however,  prescribes  (Chap,  vii.  Sec.  i, 
sub  sec.  iv)  that  "  no  judicial  decision  of  a  judicatory  shall  be  reversed, 
unless  it  be  regularly  brought  up  by  appeal  or  complaint." 

The  trial  of  a  minister,  under  the  circumstances  proposed  in  the  over- 
ture, must  be  regarded  as  any  other  trial,  where  there  has  been  infor- 
mality or  irregularity  in  the  citation,  or  other  preliminary  stages  of  the 
process.  The  trial,  with  the  judgment  based  upon  it,  must  be  respected, 
until  the  Synod,  as  the  superior  judicatory,  shall  judge  how  far  the 
irregularity  vitiates  the  proceedings,  and  defeats  the  ends  of  justice,  and 
shall  annul  or  confirm  the  same. 

C.    The  Moderator  and  Clerk  ministerial  officers  merely  and  not  necessarily 
members  of  the  judicatory. 

As  to  the  third  branch  of  the  overture: 

The  Moderator  and  Clerk  are  ministerial  officers  of  the  judicatory. 
In  respect  of  their  office,  they  are  servants  merely,  and  not  members  of 
the  body. 

Of  the  Clerk,  this  would  seem  to  be  unquestionably  true.  The  Consti- 
tution knows  nothing  of  the  Temjoorary  Clerk  as  distinguished  from  the 
Stated  Clerk.  As  far  as  any  provision  of  the '  *  Book ' '  is  involved,  it  is  plain 
that  a  judicatory  may  select  any  convenient  person,  though  not  a  mem- 
ber, to  record  its  transactions,  and  discharge  all  other  duties  pertaining 
to  a  Clerk.  For  the  part  of  those  duties  usually  devolved  upon  the 
Temporary  Clerk,  we  believe,  it  is  no  unfrequent  thing  for  a  Presbytery 
to  employ  a  licentiate,  or  other  person  not  a  member  of  the  body. 

Nor  does  the  Constitution  explicitly,  at  least,  require  the  Moderator  to 
be  chosen  from  the  members  of  the  judicatory.  It  does  indeed  prescribe 
(Chap,  xix,  Sec.  ii)  that,  in  a  certain  contingency,  "  he  shall  possess  the 
casting  vote. ' '  And  as  voting  is  the  act  of  a  member,  the  implication 
seems  to  offer  itself  that  the  Moderator  himself  must  be  a  member.  But 
against  this  implication  some  other  facts  of  the  Constitution  may  be 
cited.  Thus  (Form  of  Government,  Chap,  ix,  Sec.  iii),  there  is  the 
provision  for  inviting,  in  certain  contingencies,  a  minister  to  moderate 
the  church  Session,  who  is  not  the  pastor  of  the  church,  and  of  course 
not  a  member  of  the  Session ;  while  the  general  law  of  ' '  Moderators ' ' 
(Chap,  xix)  gives  him  the  casting  vote.  Then,  again,  the  Form  of 
Government  (Chap,  xii.  Sec.  vii),  prescribes,  concerning  the  General 
Assembly,  that  "  the  Moderator  of  the  last  Assembly,  if  present,  or,  in 
case  of  his  absence,  some  other  minister,  shall  preside,  until  a  new  Mod- 
erator be  chosen."  Under  this  provision,  it  is  not  necessary  that  the 
minister  called  to  preside  in  the  Assembly  should  himself  be  in  commis- 
sion (Moore's  Digest,  1861,  p.  173).  It  may  be  said,  that  this  is 
merely  for  organization.  True.  But  the  Avhole  principle  seems  to  be 
involved.  For  the  time  being,  one-,  not  a  member  of  the  Assembly,  is 
its  Moderator,  and  as  such  has  a  casting  vote  on  the  numberless  issues 
that  may  be  raised  between  the  formation  of  the  roll  and  the  choice  of  a 
new  Moderator.  And  in  the  former  case,  pertaining  to  church  Sessions, 
no  such  limitation  for  mere  organization  exists.  Hence  these  two  points 
are  clearly  recognized :  1 .  That  it  is  not  essential  to  the  idea  of  a  Mod- 
erator that  he  be  a  member.  2.  That  the  privilege  of  a  casting  vote  does 
not  necessarily  imply  membership. 

In  the  United  States  Senate,  we  have  an  instance  of  the  Moderator 
being  foreign  to  the  body  over  which  he  presides.     By  the  constitution 


OF   THE   PRESBYTERY.  189 

of  the  United  States,  the  Senate  "  shall  be  composed  of  two  senators 
from  each  State,"  etc.  The  senators  make  the  whole  body;  and  yet,  by 
the  same  instrument,  the  "  Vice-President  of  the  United  States  shall  be 
President  of  the  Senate,"  with  a  casting  vote.  In  the  State  of  New 
York  (as  perhaps  in  other  States)  the  Speaker  of  the  Assembly  may 
have  tivo  votes,  one  as  a  member  of  the  body,  and  the  casting  vote 
besides;  a  fact  which  rebuts  the  supposition  that  the  casting  vote  is  an 
incident  of  membership. 

All  this  is  urged,  without  respect  to  the  immemorial  usage  of  our 
Church  courts,  but  solely  in  view  of  what  is  essential  by  the  provisions 
of  the  written  constitution  and  the  nature  of  the  subject. 

If  these  suggestions  are  sound,  then  a  Presbytery  in  the  position  pro- 
posed by  the  overture  is  "  duly  organized,"  and  every  business  done  by 
it  is  constitutional — quoad  hoc. 

2.  But,  if  it  be  not  admitted  that  the  Constitution  allows  a  Presby- 
tery to  choose  for  its  Moderator  one  foreign  to  its  body,  it  may  still  be 
said,  the  selection  of  officers  is  a  matter  relating  not  to  the  being  of  the 
judicatory  (like  the  presence  of  a  quorum),  but  to  its  fonn  and  order 
merely.  An  irregularity  here  does  not  nullify  the  body.  It  is  still  a 
judicatory,  with  all  the  essential  elements,  and  competent  for  business. 
Its  business  may  be  constitutional,  though  done  in  an  unconstitutional 
way,  and  liable  to  correction  by  a  superior  judicatory. 

3.  Besides,  though  the  persons  chosen  officers  "  are  ministers  who 
have  not  been  admitted  into  the  Presbytery  by  a  quorum,"  or  (which  is 
its  meaning)  have  been  received  by  a  number  less  than  a  quorum,  and  are 
not  thereby  constitutionally  members,  it  would  still  be  open  to  the  infer- 
ence, that  the  Presbytery  (with  a  constitutional  quorum),  in  choosing 
such  persons  to  office,  thereby  virtually  affirmed  and  adopted  the  pre- 
vious unconstitutional  act,  by  which  they  were  received  into  the  body, 
made  it  their  own,  and  made  it  good. 

Hence,  in  every  view,  the  Committee  are  clearly  of  the  opinion  that, 
in  the  case  proposed  in  the  third  branch  of  the  overture,  the  answer 
should  be,  that  the  Presbytery  is  "  duly  (that  is,  validly)  organized," 
and  competent  to  any  business,  including  the  trial  of  a  minister  of  the 
Gospel. 

Still  it  is  obvious,  that  the  presence  in  the  Presbytery  of  persons  re- 
ceived as  members  by  any  number  less  than  a  quorum,  and  in  virtue  thereof 
claiming  to  exercise  the  privilege  of  members  (whether  chosen  to  office  or 
not),  may  work  great  wrong  and  vexation,  by  overruling  the  voice  of  the 
majority  of  the  lawful  members  of  the  judicatory.  And  every  member  has 
the  constitutional  right,  in  some  appropriate  way,  to  carry  any  grievance 
from  this  source  to  the  notice  of  the  Synod  for  correction.  We  would, 
therefore,  qualify  the  above  answer  to  this  branch  of  the  overture,  by 
adding,  that,  however  the  acts  of  a  Presbytery  so  organized  may  be 
irregular,  they  are  not  necessarily  void  and  null  (as  where  there  is  the 
want  of  a  quorum),  but  voidable  only  in  the  judgment  of  the  superior 
judicatory,  when  brought  before  it  in  a  constitutional  way. — 1861,  p. 
455-459,  N.  S.  ;  Digest,  1886,  pp.  140-143. 

4.  Reception  of  a  member  by  less  than  a  quorum  sanctioned  by  the 

Assembly,  as  an  exceptional  case, 
a.   Overture  from  the  Presbytery  of  Santa  Fe  on  the  reception  of 
John  Annin  without  a  constitutional  quorum ;  recommending  that  it  be 


190  FORM  OF  GOVERNMENT,  CHAP.  X. 

sanctioned,  by  reason  of  the  singularity  of  the  case.  The  recommenda- 
tion was  adopted.  — 1870,  p.  49. 

b.  A  similar  case. — Overture  from  the  Presbytery  of  East  Florida, 
with  a  statement,  that  owing  to  the  decease  of  one  of  their  ministers, 
and  the  removal  of  another,  they  wei'e  reduced  to  a  membership  of  only 
two  ministers ;  aud  that  by  the  advice  of  the  Stated  Clerk  of  the  General 
Assembly,  they  had  at  their  recent  meeting  received  a  third  minister,  and 
having  thus  obtained  a  constitutional  quorum,  had  transacted  the  busi- 
ness of  their  stated  meeting. 

They  ask  the  Assembly  to  legalize  this  proceeding.  The  Committee 
recommend  that  the  action  of  the  Presbytery  of  East  Florida,  in  receiv- 
ing the  Rev.  Matthew  L.  P.  Hill,  under  the  circumstances  stated  in  the 
memorial,  be  aud  the  same  is  hereby  ratified  and  confirmed.  Adopted. 
—1871,  p   538. 

C.  Also  legalizing  the  action  of  the  Presbytery  of  East  Florida,  in 
receiving  Calvin  E,  Stowe,  D.D.,  and  Rev.  James  K,  Warner,  a  quorum 
of  members  not  being  present. — 1872,  p.  87. 

d.  The  Presbytery  of  Montana  respectfully  represent  to  the  General 
Assembly,  that  at  its  late  meeting,  April  3,  1877,  only  two  ministers 
and  two  elders  were  present  to  constitute  the  same.  Before  any  business 
was  transacted,  Rev.  John  D.  Hewitt  was  received  by  letter  from  the 
Presbytery  of  New  Brunswick.  After  this  action,  the  regular  Presby- 
terial  business  was  attended  to.  Whereas  doubt  exists  whether  such 
proceedings  were  regular  according  to  the  rules  of  the  Church,  this 
Presbytery  respectfully  requests  the  Assembly  to  affirm  this  action  and 
declare  it  valid. 

The  Committee  recommend  that,  owing  to  the  singularity  of  the  case 
and  the  difficulty  in  the  way  of  the  members  of  the  Presbytery  coming 
together,  the  request  be  granted.     Adopted. — 1877,  p.  529. 

VHI.  The  Presbytery  has  power  to  receive  and  issue  appeals,  com- 
plaints and  references  from  church  sessions  brought  before  them  in  an 
orderly  manner;  and  in  the  trial  of  judicial  cases,  the  Presbytery  shall 
have  power  to  appoint  and  act  by  Judicial  Commissions ;  to  examine  and 
license  candidates  for  the  holy  ministry;  to  ordain,  install,  remove,  and 
judge  ministers;  to  examine  and  approve  or  censure  the  records  of  the 
church  sessions;  to  resolve  questions  of  doctrine  or  discipline  seriously 
and  reasonably  proposed ;  to  condemn  erroneous  opinions  which  injure 
the  jDurity  or  peace  of  the  Church;  to  visit  particular  churches,  for  the 
purpose  of  inquiring  into  their  state,  and  redressing  the  e^ols  that  may 
have  arisen  in  them;  to  unite  or  di\nde  congregations,  at  the  request  of 
the  people,  or  to  form  or  receive  new  congregations,  and  in  general  to 
order  whatever  pertains  to  the  spiritual  welfare  of  the  churches  under 
their  care. 

I.    TO  RECEIVE  AND  ISSUE  APPEALS,   COMPLAINTS  AND  REFERENCES 
FROM  CHURCH  SESSIONS. 

1.  The  acts  of  Presbytery  subject  to  appeal ;  but  must  be  obeyed  until 
repealed  or  modified. 
The  acts  of  Presbytery  may  be  appealed  from  or  complained  of  to  a 
higher  judicatory;  and  in  the  absence  of  such  appeal  or  complaint  they 
are  to  be  respected  aud  obeyed  until  repealed  or  modified. 


OF   THE    PRESBYTERY.  191 

Where  complaint  against  the  action  of  Presbytery  is  taken  to  Synod, 
and  when  no  one  appears  to  prosecute  such  complaint,  and  the  com- 
plaint is  dismissed  by  the  Synod,  this  action  of  the  Presbytery  remains 
in  full  force  and  eflfect. — 1896,  p.  131. 

[Note. — See  under  Appeals,  etc.,  Book  of  Discipline,  Chap,  vii,  Sees,  i,  iii,  iv.] 

n.  TO  EXAMINE  AND  LICENSE  CANDIDATES  FOR  THE  HOLY  MINISTRY. 

1.  Licentiates  should  be  regularly  received.    Caution  to  be  used. 

[Note.— See  case  of  John  McClean,  1772,  p.  435  ;  of  Francis  Hindman,  1791,  p.  37  ; 
and  of  James  McCoy,  1791,  p.  38 ;  Dbjest,  1886,  pp.  144,  145.  Also  Form  of  Government, 
Chap.  xiv.    Of  Licensing  Candidates  or  Probationers  to  Preach  the  Gospel.] 

2.  Time-limit  for  licenses. 

The  Committee  recommend  the  Assembly  to  adopt  the  following  rules: 

1.  Every  license  to  preach  the  Gospel  shall  expire  at  the  end  of  the 
period  of  four  years,  unless  the  candidate  holding  the  same  shall,  before 
the  expiration  of  that  time,  be  called  to  permanent  labor  in  the  work  of 
the  Church.  But  the  Presbytery,  under  whose  care  such  licentiate  may 
be,  may,  in  its  disci'etion,  extend  his  license  for  the  period  of  one  year. 

2.  The  Presbyteries  are  enjoined  to  take  the  oversight  of  their  licenti- 
ates and  their  vacant  churches,  bringing  in  the  one  for  the  supply  of  the 
other;  and,  through  the  Home  Missionary  Committees  of  the  Synods  to 
which  the  Presbyteries  belong,  to  seek  to  introduce  their  candidates  to 
the  widest  fields  of  labor,  and  to  furnish  them  full  opportunity  of  practi- 
cally showing  their  fitness  for  the  Christian  ministry.  Adopted. — 1872, 
p.  87. 

3.  The  Assembly's  constitutional  powers  in  licensure. 

Overture  No.  3,  from  the  Presbytery  of  Westchester,  asking  the 
Assembly  to  determine, 

1.  In  what  way  the  action  of  the  General  Assembly  of  1872,  in  the 
matter  of  limiting  licenses  to  preach  \_Digest,  p.  401],  shall  be  applied 
to  those  who  Avere  licentiates  at  the  time  such  action  Avas  taken. 

2.  In  what  sense  the  words,  ' '  extraordinary  cases, ' '  in  the  action  of 
1873  {Minutes  1873,  p.  <'^24),  on  this  subject,  are  to  be  understood. 

3.  To  make  an  explicit  deliverance,  as  to  the  powers  of  the  General 
Assembly  over  the  functions  of  the  Presbyteiy  in  granting  and  continu- 
ing licenses  to  preach  the  Gospel. 

The  Committee  recommended  the  following  answer: 

1.  The  action  of  the  Assembly  of  1872  requires,  that  all  licenses  then 
in  force  expire  in  four  years  from  the  date  of  that  action. 

2.  The  determination  of  the  sense  of  the  words  ' '  extraordinary  cases, ' ' 
must  be  left  to  the  Presbytery,  in  connection  with  the  circumstances  of 
each  case. 

But  it  is  clear  that  their  reference  is  to  the  preparatory  studies  of  the 
candidates,  and  not  to  a  class  who  had  only  a  higher  usefulness,  and  not 
the  ministry,  in  view. 

3.  The  Assembly  has  no  power  over  the  functions  of  the  Presbytery 
in  granting  and  continuing  licenses,  save  that  of  review  and  control. — 
1874,  p.  81. 

4.  Rights  and  duties  of  the  Presbyteries  in  licensing  candidates. 
While  fully  recognizing  the  constitutional  right  of  Presbyteries  in  the 
matter  of  licensing  candidates  for  the  ministry  (Form  of  Government, 
Chap,  xiv),  we  are  nevertheless  urgent  that  Presbyteries  have  special 


192  FORM  OF  GOVERNMENT,  CHAP.  X. 

care  of  their  examinations  in  subjects  required  by  the  Forna  of  Govern- 
ment, Chap,  xiv,  Sec.  iv,  and  that  due  respect  be  given  to  the  deliver- 
ances of  the  General  Assembly  in  the  matter  of  the  education  of  students 
for  the  Gospel  ministry. — 1896,  p.  161. 

III.    TO  ORDAIN  MINISTERS. 

1.  Ordination  by  a  Commission  of  Presbytery. 

[Note. — For  cases  of  ordination,  by  a  Commission  see  Digest  of  1886,  pp.  145,  146 
a,  b,  c,  d.] 

2.  Ordination  by  a  Commission  unconstitutional. 

a.  Overture  from  the  Presbytery  of  Jersey  City,  asking  the  Assembly 
to  declare  whether  a  Presbytery  has  the  right  to  perform  the  act  of 
ordination  by  a  Commission  (the  examination  of  the  candidate  and  the 
vote  to  ordain  him  having  been  previously  passed  in  Presbytery).  Your 
Committee  recommend  the  following  answer:  Ordination  either  by  a 
Committee  or  by  a  Commission  of  Presbytery  is  contrary  to  the  express 
provisions  of  Chapter  xv.  Sec.  xii,  of  the  Form  of  Government. 
Adopted.— 1894,  p.  76. 

b.  Overture  from  the  Presbyterian  Mission  in  Korea,  asking  for  advice 
as  to  the  ecclesiastical  power  of  a  Mission.  The  Committee  submits  the 
following  answer  to  the  said  overture:  We  recommend  as  answer  the 
following:  The  only  recognized  authority  in  the  Presbyterian  Church  in 
matters  of  licensure  and  ordination  is  the  Presbytery  or  a  Commission 
duly  constituted  by  a  Presbytery.  A  Mission  has  no  such  authority. — 
1896,  p.  146. 

3.  Ordination  on  the  Sabbath  day  inexpedient,  but  left  to  discretion  of 

the  Presbytery. 
An  overture  was  received  from  the  Presb}i;eiy  of  Orange,  requesting 
the  opinion  of  the  General  Assembly  on  the  question  whether  it  be 
proper  to  ordain  licentiates  to  the  office  of  the  Gospel  ministry  on  the 
Sabbath  day.  The  General  Assembly  think  it  would  not  be  for  edifica- 
tion to  adopt  a  uniform  rule  on  the  subject.  In  general  they  think  it 
is  not  expedient  that  ordinations  should  take  place  on  the  Sabbath,  yet 
that  there  may  be  cases  in  which  urgent  or  peculiar  circumstances  may 
demand  them.  The  Assembly  therefore  judged  it  best  to  leave  it  to  the 
Presbyteries  to  act  in  this  concern  as  they  may  judge  that  their  duty 
requires. — 1821,  p.  10. 

4.  Ordination  by  foreign  bodies  not  approved. 

The  Assembly  took  up  the  report  of  the  Committee  on  Overture  No.  3, 
which  was  laid  on  the  table;  which  being  read  and  amended,  was 
adopted,  and  is  as  follows,  viz. : 

Whereas,  Many  of  the  ministers  who  are  to  supply  the  vacant  churches 
and  destitute  places  in  the  more  new  and  growing  parts  of  our  Church 
must,  for  some  time  to  come,  continue  to  be  educated  in  the  older  sections 
of  our  country,  and  at  a  great  distance  from  the  field  where  they  are  to 
be  emj^loyed;  and  whereas,  it  is  important  to  the  happy  and  useful 
settlement  of  these  ministers,  in  their  several  fields  of  labor,  that  they 
should  enjoy  the  full  confidence  of  the  ministers  and  churches  among 
whom  they  are  to  dAvell;  and  whereas,  the  ordination  of  ministers  in  the 
presence  of  the  people  among  whom  they  are  to  labor,  is  calculated  to 
endear  them  very  much  to  their  flocks,  while  it  gives  their  fathei's  and 
brethren  in  the  ministry  an  opportunity  of  knowing  their  opinions  and 


OF    THE    PRESBYTERY.  193 

sentiments  on  subjects  of  doctrine  and  discipline;  and  whereas,  our  Form 
of  Government  seems  to  recognize  the  right  and  privilege  of  each  Presby- 
tery to  examine  and  ordain  those  who  come  to  the  pastoral  office 
within  their  bounds,  and  who  have  never  before  exercised  that  office; 
therefore. 

Resolved,  1.  That  it  be  earnestly  recommended  to  all  our  Presbyteries,  not 
to  ordain,  sine  titulo,  any  men,  who  propose  to  pursue  the  work  of  their 
ministry  in  any  section  of  the  country  Avhere  a  Presbytery  is  already 
organized  to  which  they  may  go  as  licentiates  and  receive  ordination.  2. 
That  the  several  bodies  with  which  we  are  in  friendly  correspondence  in 
the  New  England  States,  be  respectfully  requested  to  use  their  counsel 
and  influence  to  prevent  the  ordination,  by  any  of  the  Councils  or  Con- 
sociations, of  men  who  propose  to  pursue  the  work  of  the  ministry  within 
the  bounds  of  any  Presbytery  belonging  to  the  General  Assembly  of  the 
Presbyterian  Church ;  and  that  the  delegates  from  this  Assembly  to  those 
bodies  respectively  be  charged  with  communicating  this  resolution. — 
1834,  p.  428. 

5.  Lay  ordination  invalid. 

a.  The  Committee  to  whom  was  referred  Overture  No.  15,  viz.,  on 
ordination  by  a  deposed  minister  or  by  laymen,  made  the  following 
report,  which  was  adopted,  viz. : 

That  this  paper  contains  a  letter  from  a  minister  in  South  Carolina  to 
the  Stated  Clerk,  requesting  him  to  obtain  a  decision  of  the  General 
Assembly  on  the  question,  "  whether  the  ordination  of  a  minister  of  the 
Gospel  by  the  interposition  of  the  hands  of  the  laity  is  valid. ' '  That 
the  answer  to  this  question  should  be  in  the  negative  is  so  obvious  and 
evident  on  all  correct  principles  of  ecclesiastical  order,  that  your  Com- 
mittee are  of  the  opinion  that  it  is  unnecessary  for  the  General  Assembly 
to  give  any  further  consideration  to  the  subject. — 1832,  p.  366. 

b.  The  Committee  on  Overture  No.  3,  viz. ,  a  question  from  the  Pres- 
bytery of  Bethel  respecting  holding  communion  with  the  followers  of 
William  C.  Davis,  a  deposed  minister,  and  calling  themselves  Indepen- 
dent Presbyterians,  reported  that  in  their  judgment  the  questions  proposed 
in  said  overture  ought  to  be  answered  in  the  negative.  They  therefore 
would  recommend  the  adoption  of  the  following  resolution,  viz. : 

Resolved,  That  while  this  Assembly  readily  acknowledges  the  right  of 
the  Session  to  determine  according  to  the  Scriptures  and  the  Constitution 
of  our  Church  the  qualilications  for  admission  to  sealing  ordinances,  yet 
they  feel  it  to  be  their  duty  to  declare  that  in  their  judgment  the  ser- 
vices of  those  who  have  received  only  lay  ordination  and  of  those  who 
have  been  deposed  from  the  Gospel  ministry  are  unscriptural  and  unwar- 
rantable, and  therefore  an  attendance  on  their  ministrations  cannot  be  in 
the  order  of  the  Gospel,  and  ought  to  be  discouraged  and  discounte- 
nanced by  every  friend  of  the  Redeemer's  kingdom. — 1833,  p.  407. 

6.  Ordination  procured  by  fraud  valid,  but  the  Presbytery  should  depose. 

Is  the  ordination  of  a  minister  valid  which  has  been  procured  by 
forgery  and  unwarrantable  means  ? 

Confining  the  answer  of  the  Assembly  to  this  case  as  verbally 
explained,  this  question  is  answered  in  the  affirmative,  but  that  the 
Presbytery  should  in  such  case  proceed  immediately  to  depose  him. — 
1843,  p.  198,  0.  S. 


194  FORM   OF   GOVERNMENT,    CHAP,    X. 

7.  Presbyteries  only  are  competent  to  ordain  ministers. 
Overture  from  the  Synod  of  Western  New  York,  asking  if  an  evan- 
gelist, laboring  in  a  foreign  field,  where  Gospel  institutions  have  not  been 
established,  is  authorized  to  establish  them  by  organizing  churches  and 
ordaining  ministers,  until  there  shall  be  a  sufficient  number  of  ministers 
to  form  a  Presbytery.  Your  Committee  recommend  the  adoption  of  the 
following  answer:  It  is  the  judgment  of  the  Assembly,  without  expressing 
any  opinion  as  to  whether  there  should  be  a  constitutional  provision  to 
meet  extraordinary  cases  in  the  foreign  field,  that,  under  the  exist- 
ing law  of  the  Church,  Presbyteries  only  are  competent  to  ordain  minis- 
ters; and  the  Assembly  also  judges  that  churches  organized  in  foreign 
missionary  fields,  where  no  Presbytery  exists,  may,  with  the  consent  of 
the  Synod,  be  enrolled  by  the  Presbytery  to  which  the  missionary  on  the 
field  belongs.     Adopted.— 1882,  pp.  96,  97. 

[Note. — See  also  above,  p.  192,  Sec.  2,  !>.] 
8.  If  one  who  has  been  deposed,  or  who  has  demitted  the  ministry,  is 
restored,  he  must  be  reordained. 

Overture  from  the  Presbytery  of  Schuyler,  as  follows. : 

Is  reordination  necessary  in  the  restoration  of  a  deposed  minister  to  the 
sacred  office  ?  And  in  view  of  the  provisions  of  the  Revised  Book  of 
Discipline,  will  reordination  be  necessary  in  the  restoration  to  the  ministry 
of  those  by  whom  the  office  has  been  demitted  ? 

The  Committee  recommend  the  following  answer: 

It  is  the  judgment  of  this  General  Assembly  that  when  a  minister  is 
deposed  his  office  is  taken  from  him,  he  becomes  a  layman,  and,  accord- 
ing to  the  new  Book  of  Discipline,  Sec.  xliv,  he  is  to  be  enrolled  as  a 
communicant  in  a  particular  church.  Should  he  be  recalled  to  the 
ministry,  therefore,  he  should  be  reordained. 

The  same  course  ought  to  be  adopted  in  the  restoration  of  one  who  has 
demitted  the  ministry;  inasmuch  as  the  Book  of  Discipline,  Sec.  li, 
describes  one  who  has  demitted  the  sacred  office  as  returning  "  to  the 
condition  of  a  private  member  of  the  Church."    Adopted. — 1884,  p.  115. 

[Note. — See  Book  of  Discipline,  Chap,  vi,  Sees,  xliv  and  li.J 

9.  Rule  in  respect  to  receiving  a  minister  from  another  denomination. 

a.  The  consideration  of  the  report  of  the  Committee  to  which  had 
been  referred  the  question  of  validity  of  ordination  in  the  case  of  a 
Baptist  elder  was  resumed,  and  the  report  being  read  was  adopted,  and 
is  as  follows,  viz. : 

It  is  not  among  the  principles  or  usages  of  the  Presbyterian  Church 
to  consider  the  ordination  of  ministers  by  other  Protestant  churches  as 
invalid;  on  the  contrary,  the  Presbyterian  Church  has  always  considered 
the  ordinations  of  most  other  Protestant  churches  as  valid  in  themselves, 
and  not  to  be  repeated  when  those  who  have  received  them  become  mem- 
bers of  the  Presbyterian  Church.  Nor  is  it  perceived  that  there  is  any 
sufficient  reason  why  the  ordinations  in  the  Baptist  Church  should  not  be 
considered  as  valid,  and  be  sustained  as  such. 

But  while  the  Presbyterian  Church  can  act  as  has  now  been  stated  in 
regard  to  ordinations,  it  is  among  those  principles  and  usages  which  she 
regards  as  most  sacred  and  important,  to  secure  for  her  churches  both  a 
pious  and  a  learned  ministry,  and  she  cannot  admit  of  any  usage  or  exer- 
cise any  apparent  liberality  inconsistent  with  security  in  this  essential 


OF    THE    PRESBYTERY.  195 

particular.  On  the  whole,  therefore,  the  Committee  recommend  the 
f olloAviug  resolution : 

Resolved,  That  when  applications  are  made  by  ministers  of  the  Baptist 
or  any  other  Protestant  denomination  to  be  connected  with  the  Presbyte- 
rian Church,  the  Presbytery  to  which  the  applications  are  made  shall 
require  all  the  qualifications  both  in  regard  to  piety  and  learning  which 
are  required  of  candidates  for  licensure  or  ordination  of  those  who  have 
originally  belonged  to  the  Presbyterian  Church;  and  shall  require  the 
applicants  from  other  denominations  to  continue  their  study  and  prepara- 
tion till  they  are  found  on  trial  and  examination  to  be  qualified  in  learn- 
ing and  ability  to  teach  in  the  manner  required  by  our  Standards;  but 
that  when  found  to  be  thus  qualified,  it  shall  not  be  necessary  to  reordain 
the  said  apphcants,  but  only  to  install  them  when  they  are  called  to 
settle  in  Presbyterian  congregations. — 1821,  p.  23. 

b.  Overture. — A  request  of  the  Rev.  J.  G.  Monfort  that'the  Assembly 
answer  the  following  question:  "Is  it  the  duty  of  Presbyteries,  when 
elders  or  deacons  from  the  Methodist  Episcopal  Church  apply  to  become 
ministers  in  our  Church,  to  recognize  their  ordination  as  sufficient,  or  to 
ordain  them  as  in  the  case  of  other  candidates  ?" 

The  Committee  recommended  that  the  overture  be  answered  by  a  refer- 
ence to  the  action  on  the  subject,  of  the  General  Assembly  of  1821. 
The  report  was  adopted.— 1852,  p.  210,  O.  S. 

10.  The  reasons  for  receiving"  an  ordained  minister  from  another 
denomination  to  be  recorded. 

The  Committee  of  Overtures  brought  in  the  following  resolution, 
which,  having  been  read  and  amended,  was  adopted,  and  is  as  follows, 
viz. : 

Resolved,  That  in  the  opinion  of  this  Assembly  the  decisions  of  the 
General  Assembly  in  1792,  and  referred  to  by  the  Assembly  of  1800, 
respecting  the  reordination  of  ministers  regularly  ordained  in  the  Meth- 
odist Episcopal  Church,  and  desiring  to  connect  themselves  with  the 
Presbyterian  Church  in  the  United  States  of  America,  however  expedient 
at  the  time  of  its  formation,  ought  not  to  be  considered  as  a  precedent  to 
guide  the  future  decisions  of  the  judicatories  of  this  Church;  and  that 
the  Presbyteries  under  the  care  of  this  Assembly,  when  they  receive  into 
their  connection  an  ordained  minister  from  any  other  denomination,  be 
careful  to  record  the  circumstances  of  the  case  and  the  reasons  which 
induced  them  to  receive  such  ordained  minister. — 1810,  p.  441. 

11.  Leave  to  ordain  refused  where  there  is  no  Presbytery. 

Overture,  a  memorial  from  the  Presbytery  of  New  York,  referring  to 
this  Assembly  the  following  case :  Application  was  made  to  the  Presby- 
tery of  New  York  in  April  to  receive  by  letter  from  the  Pi'esbytery  of 
Cincinnati,  the  Rev.  John  Beveridge,  now  a  resident  of  Northern 
Mexico,  and  to  authorize  the  Rev.  Andrew  J.  Park,  now  a  member  of 
the  Presbytery  of  New  York,  and  residing  in  Northern  Mexico,  and  the 
Rev.  John  Beveridge,  when  received  by  the  Presbytery,  to  ordain  to  the 
work  of  the  ministry,  if  the  way  be  clear  on  examination,  Mr.  Brigide 
Sepulveda,  a  converted  Roman  Catholic  priest. 

The  Committee  recommend  the  following  answer: 

Resolved,  That  inasmuch  as  there  is  no  Presbytery,  and  not  a  sufficient 
number    of    ministers   of    whom   to  form   a  Presbytery,    in    Northern 


196  FORM    OF    GOVERNMENT,    f'lIAP.    X. 

Mexico,  such  request  be  not  granted.  In  consideration,  however,  of  the 
urgency  and  peculiarity  of  the  case,  the  Board  of  Foreign  Missions  are 
hereby  instructed  to  defray  the  expenses  of  Mr.  Sepulveda's  journey  to 
and  from  New  York  for  his  ordination  by  the  Presbytery  of  New  York, 
if  the  way  be  clear. — 1871,  p.  592. 

12.  Reception  of  foreign  ministers.    The  rule. 

[Note. — The  original  rule  on  this  subject  may  be  found  in  the  Minutes  for  1735, 
p.  118.  Action  was  also  taken  in  1773,  p.  448,  and  1774,  p.  455.  In  1784  the  matter 
forced  itself  anew  upon  the  Synod,  and  particular  care  was  enjoined  upon  all  its 
members,  1784,  p.  504.  See  also  Baird's  Collection,  revised  edition,  pp.  254,  257.  In 
1798,  p.  148,  the  Assembly  adopted  "regulations  intended  to  embrace  and  extend  the 
existing  rules."  In  1800  these  regulations  were  modilied  and  amended,  and  constitute 
the  present  rule,  viz. :] 

I.  When  any  minister  or  licentiate  from  Europe  shall  come  into  this 
country,  and  desire  to  become  connected  with  the  Presbyterian  Church 
in  the  United  States,  he  may  apply  to  any  Committee  appointed  to  direct 
the  services  of  traveling  ministers  and  candidates;  which  Committee 
shall  inspect  his  credentials,  and,  by  examination  or  otherwise,  endeavor 
to  ascertain  his  soundness  in  the  faith  and  experimental  acquaintance 
with  religion;  his  attainments  in  divinity  and  literature;  his  moral  and 
religious  character,  and  approbation  of  our  public  standards  of  doctrine 
and  discipline.  If  the  result  shall  be  such  as  to  encourage  further  trial, 
said  Committee  may  give  him  appointments  to  supply  and  recommend 
him  to  the  churches  till  the  next  meeting  of  the  Presbytery  to  which 
such  Committee  belongs.  It  shall  then  become  the  duty  of  such  minister 
or  licentiate  to  apply  to  that  Presbytery,  or  to  any  other  in  whose 
bounds  he  may  incline  to  labor;  provided  always  that  he  make  his  appli- 
cation to  the  Presbytery  at  their  first  meeting  after  his  coming  within 
their  bounds ;  and  also  that,  immediately  on  coming  within  the  bounds 
of  any  Presbytery,  he  apply  to  their  Committee  to  judge  of  his  certificate 
of  approbation,  and,  if  they  think  it  expedient,  to  make  him  appoint- 
ments; or,  if  it  shall  be  more  convenient,  the  application  may  be  made 
to  the  Presbytery  in  the  first  instance;  but  it  shall  be  deemed  irregular 
for  any  foreign  minister  or  licentiate  to  preach  in  any  vacant  church  till 
he  have  obtained  the  approbation  of  some  Presbytery  or  Committee  of 
Presbytery,  in  manner  aforesaid. 

The  Presbytery  to  which  such  minister  or  licentiate  may  apply,  shall 
carefully  examine  his  credentials,  and  not  sustain  a  mere  certificate  of 
good  standing,  unless  corroborated  by  such  private  letters,  or  other 
collateral  testimony,  as  shall  fully  satisfy  them  as  to  the  authenticity  and 
sufficiency  of  his  testimonials.  After  inspecting  any  evidences  of  his 
literary  acquirements  Avhich  may  be  laid  before  them,  the  Presbyterv' 
shall  enter  into  a  free  conversation  with  him,  in  order  to  discover  his 
soundness  in  the  faith  and  experimental  acquaintance  with  religion.  If 
they  shall  obtain  satisfaction  on  these  several  articles,  they  shall  proceed 
to  examine  him  on  the  learned  languages,  the  arts,  sciences,  theology, 
church  history  and  government;  nor  shall  they  receive  him,  unless  he 
shall  appear  to  have  made  such  attainments  in  these  several  branches  as 
are  required  of  those  who  receive  their  education  or  pass  their  trials 
among  ourselves.  But  if,  upon  the  Avhole,  he  appears  to  be  a  person 
worthy  of  encouragement,  and  who  promises  usefulness  in  the  Church, 
they  shall  receive  him  as  a  minister  or  candidate  on  probation,  he  first 
adopting  our  Standards  of  doctrine  and  discipline,  and  promising  sub- 
jection to  the  Presbytery  in  the  Lord.     During  this  state  of  probation  he 


OF   THE    PRESBYTERY.  197 

may  preach  the  Gospel  where  regularly  called,  either  as  a  stated  or  occa- 
sional supply;  and  if  au  ordained  minister,  perform  every  part  of  the 
ministerial  functions,  except  that  he  may  not  vote  in  any  judicatoiy  or 
accept  a  call  for  settlement. 

If  the  foreigner  who  shall  apply  to  any  Presbytery  or  Committee,  as 
aforesaid,  be  an  ordained  minister,  such  Committee  and  Presbytery  may, 
at  their  discretion,  disjiense  with  the  special  examination  on  literature  in 
this  act  prescribed,  provided  he  shall  exhibit  satisfactory  evidence  that 
he  has  received  such  education,  and  made  such  progress  in  languages, 
arts,  and  sciences,  as  are  required  by  the  Constitution  of  our  Church  as 
qualifications  for  the  Gospel  ministry.  But  in  all  other  respects,  the 
examination  shall  be  the  same  as  in  the  case  of  a  licentiate. 

If  from  prospects  of  settlement,  or  greater  usefulness,  a  minister  or 
licentiate  under  probation  in  any  Presbytery,  shall  wish  to  move  into  the 
bounds  of  another,  he  shall  receive  a  dismission,  containing  a  certificate 
of  his  standing  and  character,  from  the  Presbytery  under  whose  care  he 
shall  have  been ;  which  certificate  shall  entitle  him  to  the  same  standing 
in  the  Presbytery  into  whose  bounds  he  shall  come,  except  that  from  the 
time  of  his  coming  under  the  care  of  this  latter  Presbytery,  a  whole  year 
shall  elapse  before  they  come  to  a  final  judgment  respecting  his  reception. 

When  any  foreign  minister  or  licentiate,  received  on  certificate,  or 
pursuant  to  trials  in  any  Presbytery,  shall  have  resided  generally  and 
preached  within  their  bounds  and  under  their  direction,  for  at  least  one 
year,  they  shall  cause  him  to  preach  before  them  (if  they  judge  it  expe- 
dient), and  taking  into  consideration,  as  well  the  evidence  derived  from 
their  former  trials  as  that  which  may  arise  from  his  acceptance  in  the 
churches,  his  prudence,  gravity,  and  godly  conversation,  and  from  the 
combined  evidence  of  the  whole,  determine  either  to  receive  him,  to 
reject  him,  or  to  hold  him  under  further  probation.  In  case  of  receiving 
him  at  that,  or  any  subsequent  period,  the  Presbytery  shall  report  the 
same  to  their  Synod  at  its  next  meeting,  together  with  all  the  certificates 
and  other  testimony  on  which  they  received  him;  or,  if  it  shall  be  more 
convenient,  this  report  may  be  made  to  the  General  Assembly.  The 
said  Assembly  or  Synod,  as  the  case  may  be,  shall  then  inquire  into  the 
proceedings  of  the  Presbytery  in  the  affair,  and  if  they  find  them  to 
have  been  irregular  or  deficient,  they  shall  recommit  them  to  the  Presby- 
tery, in  order  to  a  more  regular  and  perfect  process.  But  if  the  pro- 
ceedings had  in  the  Presbytery  appear  to  have  been  conformable  to  this 
regulation,  they  shall  carefully  examine  all  the  papers  laid  before  them 
by  the  Presbytery,  or  which  shall  be  exhibited  by  the  party  concerned, 
and,  considering  their  credibility  and  sufficiency,  come  to  a  final  judg- 
ment, either  to  receive  him  into  the  Presbyterian  body,  agreeably  to  his 
standing,  or  to  reject  him. 

In  order,  however,  to  facilitate  the  settlement  of  foreign  ministers  as 
soon  as  may  consist  with  the  purity  and  order  of  the  Church,  it  is  fur- 
ther ordained,  that  if  the  proper  Synod  or  the  General  Assembly  are  not 
to  meet  within  three  months  after  that  meeting  of  a  Presbytery  at  which 
a  foreign  minister  on  probation  is  expected  to  be  received,  the  Presby- 
tery may,  if  they  see  cause,  lay  his  testimonials  before  the  meeting  of 
the  Assembly  or  Synod  which  shall  be  held  next  before  said  meeting  of 
the  Presbytery.  If  this  Assembly  or  Synod  shall  approve  the  testimo- 
nials, they  shall  give  the  Presbyteiy  such  information  and  direction  as 
the  case  may  require,  and  remit  the  same  to  them  for  final  issue.     In  all 


198  FORM  OF  GOVERNMENT,  CHAP.  X. 

other  cases,  it  shall  be  deemed  irregular  for  any  Synod  or  General  As- 
sembly to  receive  a  foreign  minister  or  licentiate,  until  he  shall  have 
passed  his  period  of  probation,  and  been  received  and  reported  by  some 
Presbytery,  in  manner  aforesaid. 

No  minister  or  licentiate,  after  being  rejected  by  one  Presbytery,  shall 
be  received  by  another,  or  if  received  through  mistake  or  otherwise,  he 
shall  be  no  longer  countenanced  or  employed,  after  the  imposition  is 
discovered.  If,  however,  any  minister  or  licentiate  shall  think  himself 
aggrieved  by  the  sentence  of  any  Presbytery,  he  shall  have  a  right  to 
carry  the  matter  by  complaint  to  the  proper  Synod,  or  to  the  next  Gen- 
eral Assembly,  giving  notice  thereof  to  the  Presbytery  during  the 
meeting  at  which  the  sentence  was  pronounced,  or  at  the  meeting  next 
following. 

These  regulations  and  provisions  relative  to  the  reception  of  foreign 
ministers  and  licentiates  are  to  be  considered  as  coming  in  place  of  all 
that  have  heretofore  been  established  on  this  subject;  and  all  judicatories 
and  individuals  under  the  care  of  the  Assembly  are  to  regard  them 
accordingly.— 1800,  pp.  200-202. 

13.  The  rule  enforced. 

a.  The  Committee  appointed  to  examine  the  records  of  the  Synod  of 
Albany  recommend  that  they  be  approved,  "  excepting  the  case  of 
receiving  a  foreign  Hcentiate,  by  the  Presbytery  of  St.  Lawrence,  with- 
out laying  their  proceedings  in  the  case  before  the  Synod  or  General 
Assem'bly."— 1822,  p.  38. 

b.  Papers  touching  the  reception  of  the  Rev.  William  Windle,  a 
foreign  minister,  to  the  Presbytery  of  Philadelphia. 

These  were  remitted  to  that  Presbytery,  inasmuch  as  no  record  of  its^ 
proceedings  in  the  case  had  been  placed  in  the  hands  of  the  Committee, 
by  which  they  might  ascertain  how  far  the  Presbytery  has  complied  with 
the  order  of  the  Assembly,  in  such  cases  made  and  provided. — 1852,  p. 
221,  O.  S. 

C.  Overture  was  taken  up,  viz. :  An  application  from  the  Presbytery 
of  Watertown,  for  leave  to  receive  Mr.  William  Lockhead,  a  foreign 
licentiate,  who,  after  being  under  the  care  of  the  Presbytery  of  Cham- 
plain  for  five  months,  had  been  dismissed  to  the  Presbytery  of  Water- 
town,  and  had  been  under  the  care  of  the  latter  Presbytery  since  the  9th 
of  February  last.  The  Presbytery  of  Watertown  requests  that  the 
Assembly  will  allow  them  to  take  into  the  account,  for  the  term  of  trial, 
the  time  which  Mr.  Lockhead  spent  on  trials  in  the  Presbytery  of  Cham- 
plain.  On  this  request  the  Assembly  resolved,  that  the  standing  rule 
which  requires  that  the  foreign  licentiate  must  spend  a  year  in  the  Pres- 
bytery to  which  he  is  dismissed,  be  not  dispensed  with. — 1830,  p.  299. 

[Note— See  a  similar  case,  1858,  p.  273,  O.  S.] 

14.  Rule  applies  to  minister  seeking  to  be  restored. 

A  reference  from  the  Presbytery  of  St.  Clairsville,  of  the  case  of  the 
Rev.  Samuel  Boyd,  who  haxing  retired  in  good  standing  from  the 
Presbyterian  ministry  in  Ireland  in  1842,  on  account  of  a  change  in  his 
views  of  Infant  Baptism,  now  seeks  a  restoration  to  the  exercise  of  the 
ministry  among  us,  inasmuch  as  he  adopts  again,  with  full  conviction, 
the  whole  Confession  of  our  faith. 

The  Committee  recommended  that  the  Presbytery  of  St.  Clairsville  be 


OF   THE    PRESBYTERY.  199 

instructed  to  proceed  accordiug  to  the  rule  relating  to  foreign  ministers, 
the  probation  of  one  year  commencing  at  the  time  of  their  next  stated 
meeting.     The  recommendation  was  adopted. — 1849,  p.  239,  0.  S. 

15.    Privilege  lost  by  a  return  to  Europe. 

An  application  from  the  Presbytery  of  Philadelphia  for  advice  and 
direction  in  the  case  of  Rev.  James  T.  Irvine.  Mr.  Irvine,  after  having 
been  regularly  received,  returned  to  Ireland,  and  was  installed  there. 
Afterwards  returning  to  America,  the  Presbytery  asked,  "  Does  Mr. 
Ii'vine  come  under  the  denomination  of  a  foreign  minister  ?' '  subject  to 
the  rule  as  to  probation. 

The  Assembly  replied  that  he  did.— 1848,  p.  22,  O.  S. 

16.  Rule  repealed  as  to  ministers  from  the  Presbyterian  Churches  of 

Great  Britain. 

Overture  on  receiving  ministers  from  foreign  countries.  The  Commit- 
tee recommend  the  adoption  of  the  following : 

Inasmuch  as  intercourse  between  the  Presbyterian  Churches  of  Great 
Britain  and  our  General  Assembly  is  now  much  more  frequent  and 
intimate  than  in  former  years,  affording  the  opportunity  for  mutual 
acquaintance,  and  knowledge  of  the  character  and  standing  of  the  min- 
isters in  the  different  Churches  of  both  countries;  therefore. 

Resolved,  That  the  regulation  I'equiring  ministers  coming  among  us 
from  the  Presbyterian  Churches  of  Great  Britain,  to  submit  to  a  year's 
probation  befoi'e  maintaining  ministerial  standing,  is  no  longer  necessary, 
and  is  hereby  repealed.     Adopted. — 1872,  p.  70. 

17.  The  rule  repealed  as  to  the  Presbyterian  Churches  of  Canada. 

Overture  from  the  Presbytery  of  Dayton,  asking,  "  That,  inasmuch 
as  the  intercourse  between  the  Presbyterian  Church  of  Canada  and  our 
General  Assembly  is  now  very  direct  and  intimate,  affording  us  facilities 
for  knowing  the  character  and  standing  of  that  Church,  such  action  be 
taken  by  this  Assembly  as  will  dispense  with  the  year's  probation  now 
required  of  ministers  coming  to  us  from  that  border  province. ' ' 

Your  Committee  recommend  the  following  answer:  Inasmuch  as  the 
rule  requiring  such  probation  has  been  repealed  as  to  ministers  from  the 
Presbyterian  Churches  of  Great  Britain  (see  Moore's  Digest,  1886,  p. 
159),  that  said  rule  be  repealed  so  far  as  it  relates  to  ministers  coming 
from  the  Presbyterian  Churches  of  Canada.     Adopted. — 1883,  p.  625. 

[Note. — The  rule  is  enforced  as  to  all  other  foreign  Chnrches.  See  Digest  of  1886, 
p.  493;  Minutes  of  1875,  p.  506;  1876,  p.  80;  1883,  p.  626;  1888,  p.  Ill;  1894,  p.  88; 
1895,  p.  75  ;  1896,  p.  146.] 

18.  The  rule  waived  in  the  ease  of  ministers  from  Presbyteries  in  corre- 
spondence with  the  Assembly. 

[Note.— See  Digest,  1886,  p.  159 ;  Minutes,  1869,  p.  281,  N.  S.] 
IV.    TO  INSTALL  MINISTERS. 

1.  The  cognizance  of  settling  pastors  belongs  to  Presbytery. 

That  it  belongs  to  the  Presbyteries  to  take  cognizance  of  the  proceed- 
ings of  Sessions  and  congregations  in  the  important  concern  of  settling 
pastors,  and  to  adopt  the  most  effectual  measures  on  the  one  hand  to 
prevent  all  undue  delay  by  the  Session,  or  the  people,  and  on  the  other,  to 
prevent  all  precipitancy  in  the  settlement  of  any  minister,  or  the  adoption 


200  FORM  OF  GOVERNMENT,  CHAP.  X. 

of  any  system  of  proceedings  in  the  congregation  inconsistent  with  the 
real  and  permanent  edification  of  the  people. — 1814,  p.  560. 

2.  The  Presbytery  may  refuse  to  install  even  where  parties  are  agreed. 

When  a  congregation  and  minister  agree  on  the  amount  of  salary  to 
he  paid  and  received,  and  both  parties  being  fully  satisfied,  request  the 
pastoral  relation  to  be  constituted  according  to  the  order  of  the  Presby- 
terian Church,  has  Presbytery  the  right  to  refuse  to  install,  because,  in 
their  judgment,  the  salary  is  insufficient  ? 

Answered  in  the  affirmative.— 1855,  p.  272,  O.  S. ;  1875,  p.  510, 
confirms. 

[Note. — See  under  Form  of  Government,  Chap,  xv.] 

3.  The  Presbytery  may  refuse  to  install  at  its  discretion. 
[Where  an  appeal  was  brought  against  a  refusal  to  put  a  call  into  the 
hands  of  the  appellant,  it  was  held:] 

That  as  the  General  Assembly  has  repeatedly  decided  that  the  Presby- 
teries have  discretionary  power  in  such  cases  {Digest,  1886,  p.  694), 
which  decisions  are  clearly  in  accordance  with  the  Form  of  Gov- 
ernment (Chap.  XV,  Sec.  ix),  the  appeal  should  be  dismissed. — 1875, 
p.  510. 

[Note. — See  below,  Chap,  xv,  Sec.  ix.] 

V.    TO  REMOVE  MINISTERS. 

1.  The  Presbytery  has  power  to  dissolve  a  pastoral  relation  at  its  own 

discretion. 

a.  Overture  No.  22,  from  the  Synod  of  Illinois,  asking  the  following 
question,  viz. : 

Has  a  Presbytery  the  constitutional  power  to  dissolve  the  pastoral  rela- 
tion against  the  remonstrance  of  the  pastor  and  a  majority  of  the  church, 
when  a  large  and  influential  minority  of  the  church  request  it,  by 
petition,  and  in  the  judgment  of  Presbytery  the  interests  of  religion  in 
that  congregation  require  it  ? 

Your  Committee  beg  leave  to  recommend  the  following  answer,  viz. : 

The  General  Assembly  think  that  the  Presbytery  has  the  constitutional 
power  to  dissolve  the  pastoral  relation,  according  to  Chap,  x.  Sec.  viii, 
and  Chap,  xvii  of  our  Book;  but  that  great  regard  ought  to  be  had  to 
expediency  in  all  such  cases. 

Adopted.— 1860,  p.  39,  O.  S. 

b.  To  the  same  question  the  next  year  the  Assembly  answers  by 
referring  to  the  above,  with  the  caution,  "  That  such  power  should  in  all 
cases  be  exercised  with  the  greatest  caution  and  discretion,  and  the 
reasons  for  such  action  should  be  always  fully  recorded." — 1861,  p. 
306,  O.  S. 

2.  A  Synod,  on  appeal,  directs  the  dissolution  of  the  pastoral  relation, 

and  is  sustained. 

Your  Commission  had  this  case  several  days  before  them,  and  bestowed 
upon  it  careful  consideration;  and  have  unanimously  determined  to 
report  to  the  Assembly  that  the  sense  of  this  Commission  is,  that  the 
interests  of  the  church  of  Hopewell  require  the  dissolution  of  the 
pastoral  relation,  and  that  they  agree  with  the  decision  of  Synod,  and 
they  recommend  the  following  minute: 


OF   THE    PRESBYTERY.  201 

This  Assembly  recognizes  the  right  of  each  congregation  to  decide 
whether  a  pastor  is  acceptable  to  them,  and  the  wishes  of  a  majority 
are  to  be  set  aside  only  for  weighty  reasons;  yet  such  a  state  of  things 
may  exist  between  the  pastor  and  a  portion  of  his  people,  as  shall  require, 
for  the  fair  name  of  religion,  that  the  relation  be  dissolved.  And  for 
this  reason  the  appeal  and  complaint  of  Joseph  Connell  against  the 
Synod  of  Pittsburgh  is  not  sustained. — 1868,  p.  649,  O.  S. 

[Note. — See  the  case  in  full  below,  Chap,  xvii.] 

3.  A  pastor  may  not  be  dismissed  to  a  body  other  than  that  to  which  his 
church  belongs. 

The  Committee  report  Overture  No.  2 :  * '  Is  a  member  of  Presbytery, 
desirous  of  withdrawing  connection  with  our  Church  to  a  foreign  body  at 
a  distance,  entitled  to  a  letter  of  dismission  and  recommendation  on 
demand,  while  occupying  the  position  of  pastor  of  one  of  our  churches  ?' ' 

The  Committee  report,  that  he  is  not  thus  entitled. 

The  report  was  adopted. — 1861,  p.  471,  N.  S. 

4.  To  dismiss  by  a  committee  is  unconstitutional. 

a.  The  report  of  the  Committee  on  the  reference  from  the  Presbytery 
of  Cayuga  relative  to  the  constitutionality  of  a  rule  of  that  body  which 
had  been  laid  on  the  table,  was  taken  up.  The  rule  of  the  Presbytery 
of  Cayuga  referred  to  the  Assembly  is  as  follows,  viz. :  The  Moderator 
for  the  time  being  and  the  Stated  Clerk,  ex- officio,  were  appointed  a 
Committee  to  grant  letters  of  dismission  to  ministers  without  charge,  and 
to  licentiates  and  candidates  under  the  care  of  this  Presbytery,  to  unite 
Avith  other  Presbyteries,  and  were  directed  to  report  at  each  stated 
meeting. 

In  relation  to  this  rule  the  following  resolution,  reported  by  the  Com- 
mittee, was  adopted,  viz. : 

Resolved,  That  the  rule  hitherto  acted  upon  by  the  Presbytery  of 
Cayuga  is  inexpedient  and  unconstitutional. — 1830,  p.  302. 

b.  Also  Overture  No.  16,  from  the  Presbyteries  of  Steuben ville  and 
Washington,  asking  whether  it  is  competent  and  constitutional  for  a 
Presbytery  to  appoint  a  Committee  to  dismiss  unsettled  ministers,  licenti- 
ates and  candidates  without  a  call  for  the  body  to  assemble.  This  ques- 
tion has  already  been  decided  by  the  General  Assembly  in  the  negative. 
(See  Minutes  of  the  General  Assembly  for  1830,  p.  302. ) 

The  report  was  adopted. — 1865,  p.  569,  O.  S. 

5.  Presbytery  may  not  authorize  its  clerk  to  grant  letters  of  dismission 
during  the  intervals  of  its  sessions. 

The  same  Committee  further  reported  as  follows:  May  a  Presbytery 
authorize  its  Stated  Clerk  during  the  intervals  of  its  sessions  to  grant,  at 
their  own  request,  letters  certifying  the  regular  standing  and  dismission 
of  its  members  to  join  other  ecclesiastical  bodies  in  connection,  or  corre- 
spondence with  the  General  Assembly  ?  Answered  in  the  negative.  — 
1865,  p.  12,  N.  S. 

VI.    TO  JUDGE  MINISTERS. 

1.  The  Presbytery  alone  must  judge  of  the  fitness  of  its  members. 

Your  Committee  doubted  the  correctness  of  the  order  given  by  the 
Synod  to  the  Presbytery  of  Geneva,  to  reconsider  their  proceedings  on 
the  subject  of  the  admission  of  the  Rev.  Shipley  Wells,  a  constituent 


202  FORM  OF  GOVERNMENT,  CHAP.  X. 

member  of  that  Presbytery,   which  order,    though  it  be  not  appealed 
from,  appears  to  have  given  rise  to  the  protest  in  question. 

The  Synod  of  Geneva  were  beyond  doubt,  in  the  opinion  of  your  Com- 
mittee, competent  to  censure  the  Presbytery  of  Geneva  for  admitting 
hastily,  and  on  slight  evidence,  into  their  body,  an  unworthy  or  even 
a  suspicious  character.  But  it  is,  in  the  opinion  of  your  Committee, 
equally  clear,  that  the  right  of  deciding  on  the  fitness  of  admitting  Mr, 
Wells,  a  constituent  member  of  the  Presbytery  of  Geneva,  belonged  to 
the  Presbj'tery  itself;  and  that  having  admitted  him,  no  matter  how 
impro^adently,  their  decision  was  valid  and  final.  The  individual 
admitted  became  a  member  in  full  standing;  nor  could  the  Presbytery, 
though  it  should  reconsider,  reverse  its  own  decision,  or  in  any  way  sever 
the  member  so  admitted  from  their  body,  except  by  a  regular  process. 
Adopted.— 1816,  p.  612. 

2.  The  Presbytery  has  discretion  in  receiving  members. 

[Note. — See  case  of  Rev.  H.  E.  Mott,  received  and  enrolled  by  the  Presbytery  of 
Dubuque.    Complaint  vs.  the  Synod  of  Iowa.] 

The  Assembly  fail  to  discover  an}i:hing  that  would  indicate  that  the 
Presbytery  of  Dubuque  has  taken  any  action  not  justified  by  its  exercise 
of  constitutional  discretion  in  the  management  of  affairs  within  its  own 
bounds.— 1889,  p.  92. 

3.  A  Presbytery  may  reject  an  applicant. 

A  complaint  and  appeal  of  Rev.  Thomas  Ledlie  Birch  against  certain 
proceedings  of  the  Presbytery  of  Ohio  in  the  case  of  Mr.  Birch,  particu- 
larly for  refusing  to  receive  him  as  a  member  of  their  body,  on  the 
ground  of  a  supposed  want  of  acquaintance  with  experimental  religion, 
together  with  a  representation  of  the  congregation  of  Washington,  in  the 
bounds  of  the  said  Presb}^ery,  on  the  subject,  was  brought  in  by  the 
Committee  on  Bills  and  Overtures. 

Subsequently  Resolved,  That  no  e\ndence  of  censurable  procedure  in 
the  Presbytery  of  Ohio,  in  the  case  of  Mr.  Birch,  has  appeared  to  this 
house,  inasmuch  as  there  is  a  discretionary  power  necessarily  lodged  in 
every  Presbytery  to  judge  of  the  qualifications  of  those  whom  they 
receive,  especially  with  respect  to  experimental  I'eligion. — 1801,  pp. 
213,  218. 

4.  But  not  without  sufficient  reasons. 

a.  A  complaint  was  brought  in  by  the  Rev.  George  Duffield  against 
the  Second  Philadelphia  Presbytery,  that  they  had,  by  one  of  their 
members,  obstructed  his  entrance  into  a  church  in  this  city  under  their 
care,  to  which  he  had  accepted  a  call,  and  had  also  refused  to  receive 
him  as  a  member,  although  he  was  dismissed  from,  and  recommended  by, 
the  Presbytery  of  Donegal,  which  was  read. 

After  having  maturely  considered  this  matter,  the  Synod  judge  that 
Mr.  Duffield  has  just  cause  for  complaint  against  the  conduct  and  judg- 
ment of  the  Second  Philadelphia  Presbytery,  who  ought  to  have  admitted 
him  to  membership  with  them,  and  allowed  him  a  fair  trial;  wherefore 
we  now  declare  him  to  be  minister  of  the  Pine  Street  or  Third  Presby- 
terian congregation  in  this  city,  and  order  that  he  be  put  upon  the  list  of 
the  aforesaid  Presbytery. — 1773,  p.  446. 

b.  Re-'iolved,  That  the  appeal  of  the  Presbyter}^  of  Abingdon  from 
the  decision  of  the  Synod  of  Virginia,  in  the  case  of  the  Rev.  Robert 


OF   THE    PRESBYTERY.  203 

Glenn,  be  dismissed,  on  the  ground  that  the  substantial  cause  of  appeal 
has  been  removed  by  the  act  of  that  Presbytery,  in  their  receiving  Mr. 
Glenn,  in  conformity  with  the  decision  of  the  Synod.  The  appeal  was 
accordingly  dismissed.  — 1822,  p.  55. 

5.  Rule  as  to  a  member  of  an  extinct  Presbytery,  charged  with  an 

offence. 

The  Committee  appointed  to  consider  the  overture  sent  up  by  the  Pres- 
bytery of  Baltimore  respecting  the  course  proper  to  be  pursued  by  a 
Presbytery  when  a  minister  with  a  certificate  of  good  standing  from  a 
Presbytery  which  has  no  longer  any  existence  applies  for  admission,  but 
is  supposed  to  be  chargeable  with  some  oiFence  subsequently  to  the  date 
of  that  certificate,  made  the  following  report,  which  was  adopted,  viz. : 

That  after  the  most  attentive  consideration  of  the  question  presented 
in  said  overture,  it  appears  to  them  that  the  proper  answer  is  embraced 
in  the  following  particulars,  viz. : 

1.  It  is  well  known  that  the  Book  of  Discipline  of  our  Church 
expressly  provides  that  when  a  minister  shall  be  dismissed  by  one  Presby- 
tery with  a  view  to  his  joining  another,  he  shall  always  be  considered  as 
remaining  under  the  jurisdiction  of  the  Presbytery  which  dismissed  him 
until  he  actually  becomes  a  member  of  another.  In  the  case  stated  in 
the  overture,  however,  as  the  dismissing  Presbytery  had  become  extinct, 
it  was  physically  impossible  to  act  according  to  the  letter  of  this  rule. 
In  these  circumstances  every  principle  of  sound  interpretation  seems  to 
direct  that  in  ordinary  cases  the  Presbytery  into  which  admission  is 
sought  should  receive  the  apj^licant,  and  if  he  be  charged  with  any 
oflfence,  conduct  the  process  against  him. 

2.  Nevertheless,  it  is  the  privilege  of  every  Presbytery  to  judge  of  the 
character  and  situation  of  those  who  apply  to  be  admitted  into  their 
own  body,  and  unless  they  are  satisfied,  to  decline  receiving  the  same. 
A  Presbytery,  it  is  true,  may  make  an  improper  use  of  this  privilege,  in 
which  case  the  rejected  applicant  may  appeal  to  the  Synod  or  the  Gen- 
eral Assembly. 

3.  When  any  minister  dismissed  in  good  standing  by  an  extinct  Pres- 
bytery is  charged  with  an  offence  subsequently  to  the  date  of  his  dismis- 
sion, the  Presbytery  to  which  he  applies  for  admission  not  only  may,  if 
they  see  cause,  decline  receiving  him,  but  if  their  own  situation  be  such, 
that  there  is  no  prospect  of  their  being  able  to  conduct  process  against 
him  in  an  impartial  and  efficient  manner,  ought  to  decline  admitting 
him  into  their  body. 

4.  In  this  case  ministers  dismissed  by  an  extinct  Presbytery  and  not 
received  into  any  other  are  to  be  considered  as  under  the  direction  of 
their  proper  Synod,  and  ought  to  be  disposed  of  as  the  Synod  may  order. 
—1825,  pp.  146,  147. 

[Note. — See  Book  of  Discipline,  Chap,  xi,  Sec.  cxiii.] 

6.  How  ministers  and  licentiates  from  corresponding  bodies  are  to  be 

received. 

The  Committee  appointed  by  the  General  Assembly  of  1829,  to  con- 
sider and  report  to  the  Assembly  of  1830  on  the  manner  in  which  minis- 
ters and  licentiates  are  to  be  received  into  any  of  our  Presbyteries  from 
ecclesiastical  bodies  in  the  United  States  which  correspond  with  this 
General  Assembly,  made  the  following  report,  which  was  adopted,  viz. : 


204  FORM    OF    GOVERNMENT,    CHAP,    X. 

That  in  their  judgment  every  licentiate  coming  by  certificate  to  any 
Presbytery  in  connection  with  the  General  Assembly  from  any  portion  of 
a  corresponding  ecclesiastical  body,  should  be  required  to  answer  in  the 
affirmative  the  constitutional  questions  directed  by  Chap,  xiv  of  our 
Form  of  Government,  to  be  put  to  our  own  candidates  before  they  are 
licensed;  and  that  in  like  manner  every  ordained  minister  of  the  Gospel, 
coming  from  any  Church  in  coiTCspondence  with  the  General  Assembly 
by  certificate  of  dismission  and  I'ecommendation,  should  be  required  to 
answer  affirmatively  the  first  seven  questions  directed  by  Chap,  xv  of 
our  Form  of  Government  to  be  put  to  one  of  our  own  licentiates  when 
about  to  be  ordained  to  the  sacred  office. 

The  course  which  is  thus  recommended  by  the  Committee  they  believe 
has  been  generally  practiced  by  our  Presbyteries,  and  the  impropriety  of 
admitting  strangers  into  our  connection  on  other  terms  than  our  own 
licentiates  and  ministers  is  too  obvious  to  require  remark.  It  is  the  assent 
of  licentiates  and  ministers  to  these  questions  which  brings  them  under 
the  Avatch  and  care  of  the  Presbyteries  which  receive  them,  and  Avithout 
which  they  ought  not  to  enjoy  the  privileges  of  preachers  of  the  Gospel 
in  our  ecclesiastical  connection. — 1830,  p.  287. 

7.  Ministers  dismissed  in  good  standings  should  be  received  on  their 

testimonials, 

Resolved,  That  a  due  regard  to  the  order  of  the  Church  and  the  bonds 
of  brotherhood  require,  in  the  opi;iion  of  this  Assembly,  that  ministers 
dismissed  in  good  standing  by  sister  Presbyteries  should  be  received  by  the 
Presbyteries  which  they  are  dismissed  to  join,  upon  the  credit  of  their 
constitutional  testimonials,  unless  they  have  forfeited  theii"  good  standing 
subsequently  to  their  dismissal. — 1834,  p.  440. 

[Note. — See  next  below.] 

8.  The  right  of  Presbytery  to  satisfy  itself. 

a.  Resolved,  That  in  the  judgment  of  this  General  Assembly,  it  is  the 
right  of  every  Presbytery  to  be  entirely  satisfied  of  the  soundness  in  the 
faith,  and  the  good  character  in  every  respect,  of  those  ministers  who 
apply  to  be  admitted  into  the  Presbytery  as  members,  and  who  bring 
testimonials  of  good  standing  from  sister  Presbyteries,  or  from  foreign 
bodies  with  whom  the  Presbyterian  Church  is  in  correspondence.  And 
if  there  be  any  reasonable  doubt  respecting  the  proper  qualifications  of 
such  candidates,  notwithstanding  their  testimonials,  it  is  the  right  and 
may  be  the  duty  of  such  a  Presbytery  to  examine  them,  or  to  take  such 
other  methods  of  being  satisfied  in  regard  to  their  suitable  character  as 
may  be  judged  proper,  and  if  such  satisfaction  be  not  obtained,  to 
declme  receiving  them.  In  such  case  it  shall  be  the  duty  of  the  Presby- 
tery rejecting  the  applicant  to  make  known  what  it  has  done,  to  the 
Presbytery  from  Avhich  he  came,  with  its  reasons,  it  being  always  under- 
stood that  each  Presbytery  is  in  this  concern,  as  in  all  others,  responsible 
for  its  acts  to  the  higher  judicatories.  — 1835,  p.  485. 

Note. — As  matters  of  information,  the  following  deliverances  are  inserted.] 

b.  This  Assembly  do  now  render  it  imperative  on  the  Presbyteries  to 
examine  all  who  make  application  for  admission  to  their  bodies  at  least 
on  experimental  religion,  didactic  and  polemic  theology  and  church 
govenimeut. — 1837,  p.  579. 


OF    THE    PRESBYTERY.  205 

C.  Whereas,  It  is  the  inherent  right  of  Presbyteries  to  expound  and 
apply  constitutional  rules  touching  the  qualifications  of  their  own  mem- 
bers, therefore, 

Resolved,  That  the  action  of  the  last  Assembly  making  it  imperative 
on  the  Presbyteries  to  examine  all  who  make  application  to  their  bodies, 
not  excepting  ministers  coming  from  other  Presbyteries,  is  null  and 
void.— 1838,  p.  660,  N.  S. 

9.  The  right  of  Presb3rtery  to  examine  ministers  applying  for  admission 

recognized  by  both  Assemblies. 

It  is  agreed  that  the  Presbyteries  possess  the  right  to  examine  minis- 
ters applying  for  admission  from  other  Presbyteries:  but  each  Presbytery 
shall  be  left  free  to  decide  for  itself  when  it  will  exercise  the  right. — 
1868,  p.  629,  O.  S.;  1868,  p.  32,  N.  S. 

10.  Examination  of  a  minister  bringing  a  letter  from  another  Presbytery 

discretionary. 

When  a  minister  brings  a  certificate  of  dismission  in  good  and  regular 
standing,  and  a  recommendation  from  one  Presbytery  to  another,  has  the 
Presbytery  to  which  he  comes  a  right  to  require  him  to  submit  to  an 
examination  before  receiving  him  ?  Recommended  that  the  matter  be 
left  to  the  Presbyteries,  as  the  rightful  judges  of  the  qualifications  of 
their  own  members.     Adopted. — 1880,  p.  56. 

11.  A  Presbytery  may  not  give  a  qualified  dismission  nor  receive  a 
minister  except  on  a  letter  of  dismission.  Where  reception  is  void, 
the  name  should  be  stricken  from  the  roll. 

Can  a  Presbytery,  under  any  circumstances,  rescind  its  action  in  the 
reception  of  a  member  ?  The  Committee  recommends  the  following 
answer : 

It  appears  in  the  case  referred  to  in  this  overture  that  a  minister, 
having  taken  a  qualified  letter  of  dismission  from  his  Presbytery,  was 
received  by  the  Presbytery  to  which  he  was  dismissed  upon  other  testi- 
monials. 

It  is  the  opinion  of  this  Assembly, 

1.  That  no  Presbytery  has  the  right  to  grant  qualified  letters  of 
dismission  to  any  of  its  members. 

2.  That  no  Presbytery  can  receive  a  minister  except  upon  a  letter  of 
dismission  from  the  Presbytery   to  which  he  belongs  (Discipline,   Sec. 
cxv). 

3.  That  the  action  of  the  Presbytery  in  the  case  referred  to,  in  receiv- 
ing said  minister,  being  void,  the  proper  course  would  have  been  to  strike 
his  name  from  the  roll,  and  notify  the  Presbytery  to  which  he  belonged 
of  his  irregularity. 

The  report  was  adopted.— 1869,  p.  922,  O.  S. 

12.  Ministers  from  other  denominations  to  be  carefully  examined 

in  theology. 

a.  Resolved,  That  the  Presbyteries  be  enjoined,  when  dealing  Avith 
applications  from  ministers  of  other  denominations  for  admission  into  our 
Church,  to  demand  of  such  applicants  evidence  of  having  had  a  course 
of  collegiate  and  theological  instruction  equivalent  to  that  demanded  in 
the  case  of  candidates  for  the  ministry  under   the  care  of  our  Presby- 


206  FORM  OF  GOVERNMENT,  CHAP.  X. 

teries;  and  that  such  applicants  shall  be  subject  to  a  particular  and  careful 
examination  in  theology. — 1880,  p.  85. 

b.  As  to  ministers  "  from  other  denominations,"  the  General  Assem- 
bly having  had  no  care  or  supervision  of  their  theological  instruction, 
requires  an  examination  as  to  their  change,  and  reasons  therefor,  of 
con\'iction  in  doctrinal  belief  and  in  the  Form  of  Church  Government, 
and  of  their  approval  of  and  sincere  acceptance  of  the  Standards  of  the 
Church. —1896,  p.  161. 

13.  A  Presbytery  may  not  restore  a  minister  deposed  by  another. 

Also,  a  memorial  of  the  Rev.  George  D.  Stewart  and  others,  that  the 
General  Assembly  would  take  action  and  give  relief  in  the  case  of  Rev. 
Michael  Hummer,  who,  having  been  deposed  by  the  Presbytery  of  Iowa, 
had  been  restored  by  the  Presbytery  of  Highland,  against  the  remon- 
strance of  the  Presbytery  of  Iowa,  just  as  if  he  was  an  independent 
minister. 

It  is  recommended  that  this  General  Assembly  declare  that  it  is  irregu- 
lar and  unconstitutional  for  any  Presbytery  to  receive  and  restore  a 
member  of  another  Presbytery  who  has  been  deposed;  and  therefore  the 
action  of  the  Presbytery  of  Highland  in  restoi'ing  Mr.  Hummer  was 
improper;  and  the  Presbytery  of  Highland  is  directed  to  reconsider  its 
action,  and  proceed  according  to  the  requirements  of  the  Constitution. 

The  report  was  adopted. — 1862,  p.  608,  O.  S. ;  confirmed,  1883,  p.  628. 

14.  A  minister  who  has  withdrawn  can  be  restored  only  by  the  Pres- 
bytery from  which  he  withdrew. 

Mr.  David  Austin,  who  had  been  formerly  a  member  of  the  Presby- 
tery of  New  York,  and  had  withdrawn  from  the  Presbytery  and  the 
Presbyterian  Church,  appeared  before  the  Assembly  and  renewed  his 
request  of  last  year  to  be  again  received  into  ministerial  communion  and 
regular  standing  in  the  Presbyterian  Church.  Mr.  Austin,  having  been 
fully  heard  in  support  of  his  petition,  withdrew;  when  the  Assembly, 
after  maturely  considering  the  case. 

Resolved,  That  as  it  would  be  disorderly  for  this  Assembly  to  restoi'e 
Mr.  Austin  to  his  standing  in  the  Presbyterian  Church  in  the  form  in 
which  it  is  sought  by  him,  inasmuch  as  he  withdrew  fi'om  the  Presbytery 
of  New  York,  against  whom  he  makes  no  complaint,  and  to  whom,  of 
course,  he  ought  to  apply,  so  this  Assembly,  in  the  course  of  the  discus- 
sion had  on  the  subject  of  Mr.  Austin's  application,  have  had  before 
them  sufficient  evidence  that  it  is  inexpedient  at  present  to  recommend 
his  reception  by  any  judicature  of  this  Church.  Yet  the  Assembly  are 
willing  to  hope  that  the  time  may  come  when  the  restoration  of  Mr.  Austin 
to  his  former  standing  may  take  place  to  his  own  satisfaction  and  the 
edification  of  the  Church. — 1802,  p.  238. 

15.  The  name  of  a  suspended  minister  is  to  remain  upon  the  roU. 
a.  The  records  of  the  Synod  of  Northern  Indiana  approved  except  that 
on  page  54,  the  Synod  censure  the  Presbytery  of  Michigan  for  retaining 
the  name  of  Mr.  Nicoll  on  the  roll  after  suspending  him  from  the  Gospel 
ministry.  Your  Committee  are  of  the  opinion  that  the  name  of  a  sus- 
pended minister  should  be  retained  on  the  roll  of  Presbytery  till  they 
proceed  to  the  higher  censure,  though  he  be  deprived  of  the  exercise  of 
his  ministerial  functions. 


OF   THE    PRESBYTERY.  207 

The  report,  was  adopted.— 1847,  p.  398,  O.  S. ;  confirmed,  1882,  p.  96. 

b.  Overture  from  the  Presbytery  of  Redstone,  asking  if  it  is  proper 
to  remove  the  name  of  a  suspended  member  of  the  Presbytery  from  its 
roll,  and  place  it  in  a  private  register.  Your  Committee  recommend 
that  this  overture  be  answered  in  the  negative  (Digest,  1886,  p.  160, 
Sec.  39;.— 1882,  p.  96. 

16.  Deposition  does  not  necessarily  infer  also  excommunication.    When 
both  are  intended,  it  should  be  so  expressed. 

a.  The  Committee  to  which  was  refeiTcd  the  consideration  of  a  report 
made  by  the  Committee  which  had  been  appointed  to  examine  the  records 
of  the  Synod  of  Geneva  reported,  and  their  report  being  read,  was 
adopted,  and  is  as  follows,  viz. :  That  the  records  of  the  Synod  be 
approved  to  page  45,  with  the  exception  of  a  resolution  on  page  28, 
which  declares  that  a  deposed  minister  ought  to  be  treated  as  an  excom- 
municated person.  In  the  judgment  of  this  Assembly,  the  deposition  and 
excommunication  of  a  minister  ai'e  distinct  things,  not  necessarily 
connected  with  each  other,  but  when  connected  ought  to  be  inflicted  by 
the  Presbytery  to  whom  the  power  of  judging  and  censuring  ministers 
properly  belongs. — 1814,  p.  549. 

b.  Overture  No.  20.  A  question  submitted  by  John  Warnock  of 
Alabama,  "  Does  deposition  from  the  ministry  exclude  from  church 
privileges  ?' '  The  Committee  recommended  the  following  resolution, 
which  was  adopted,  viz. : 

Resolved,  That  though  the  causes  which  provoke  deposition  are  almost 
always  such  as  to  involve  the  propriety  of  exclusion  from  the  sacraments, 
yet  the  two  sentences  are  not  essentially  the  same,  the  one  having  refer- 
ence to  office  and  the  other  to  the  rights  of  membership,  and,  therefore. 
Presbyteries  should  be  explicit  in  stating  both  when  they  mean  both. 
When,  however,  a  Presbytery  interpret  deposition  to  involve  suspension 
from  the  sacraments,  and  pronounce  the  censure  in  that  sense,  the 
sentence  obviously  includes  both. — 1848,  p.  34,  O.  S. 

[Note. — See  Book  of  Discipline,  Chap,  v,  Sec.  xxxiv,  and  Chap,  vi,  Sec.  xl.] 

17.  The  name  of  a  deposed  minister  to  be  published  in  case  he  does  not 
cease  from  ministerial  functions. 

Resolved,  That  it  be  recommended  to  the  Presbyteries  under  the  care 
of  the  General  Assembly  when  they  shall  depose  any  of  their  members 
from  the  exercise  of  the  ministerial  office,  and  when  any  person  so 
deposed  shall,  without  having  been  regularly  restored,  assume  the  minis- 
terial character,  or  attempt  to  exercise  any  of  the  ministerial  functions, 
that  in  such  case,  with  a  view  to  prevent  such  deposed  person  from 
imposing  himself  on  the  churches.  Presbyteries  be  careful  to  have  his 
name  published  in  the  Assembly's  magazine  as  deposed  from  the  ministry, 
that  all  the  churches  may  be  enabled  to  guard  themselves  against  such 
dangerous  impositions. — 1806,  p.  360. 

VII.    MISCELLANEOUS  QUESTIONS  PERTAINING  TO  MINISTERS  AND 

CHURCHES. 

1.  Ministers  who  neglect  their  duty  to  be  summoned  to  answer. 

Inasmuch  as  Mr.  Stevenson  has  from  time  to  time,  and  for  years  past, 
neglected  attending  on  our  judicatures,  and  also  omitted  his  ministry 
without  giving  us  any  reasons  for  his  said  conduct,  it  is  therefore  agreed 


208  FORM  OF  GOVERNMENT,  CHAP.  X. 

that  his  name  shall  be  struck  out  of  our  records  till  he  come  before  us 
and  give  an  account  of  his  proceedings. — 1741,  p.  156. 

2.  If  persistent  to  be  regularly  excluded  or  deposed. 

That  if  any  minister  of  the  Gospel,  through  a  worldly  spirit,  a  disrel- 
ish for  the  duties  of  his  office,  or  any  other  criminal  motive,  become 
negligent  or  careless,  he  is  by  no  means  to  be  suffered  to  pursue  this 
course  so  as  at  length  to  be  permitted  to  lay  aside  the  ministry  without 
censure,  because  this  would  be  to  encourage  a  disregard  of  the  most 
solemn  obligations  by  opening  a  way  to  escape  from  them  with  impunity. 

But  in  all  such  cases  Presbyteries  are  seasonably  to  use  the  means  and 
pursue  the  methods  pointed  out  in  the  Word  of  God  and  the  rules  of 
this  Church  to  recall  their  offending  brother  to  a  sense  of  duty;  and  if 
all  their  endeavors  be  ineffectual,  they  are  at  length  regularly  to  exclude 
or  depose  him  from  his  office. 

If  any  cases  or  questions  relative  to  this  subject  arise  in  Presbyteries 
which  are  not  contemplated  by  the  provisions  of  this  rule,  such  cases  or 
questions  should  be  referred  tt)  the  General  Assembly  for  a  special  de- 
cision.—1802,  p.  259. 

3.  Presbyteries  to  inspect  the  fidelity  of  their  members. 

The  constitutional  remedy  for  these  evils  is  in  the  hands  of  the  Presby- 
tery, to  whom  it  belongs  to  ordain,  install,  remove  and  judge  ministers 
(see  Form  of  Government,  Chap,  x,  Sec.  viii);  and  whose  duty  it  is  to 
inspect  the  fidelity  of  those  whom  they  have  solemnly  set  apart  to  the 
work  of  the  ministry  by  the  imposition  of  hands. — 1834,  p.  450. 

4.  Reasons  for  withdrawal  to  be  required  and  recorded. 

That  when  ministers  have  withdrawn,  or  may  hereafter  withdraw,  from 
the  work  of  the  ministry,  wholly  or  in  part,  it  be  enjoined  upon  the 
Presbyteries  to  which  they  belong  to  require  of  such  ministers  their 
reasons  for  so  doing,  which  reasons  are  to  be  put  upon  record  by  the 
Presbytery,  with  an  expression  of  their  approbation  or  disapprobation  of 
the  same. — 1834,  p.  450. 

5.  Compliance  with  the  rule  of  1834  enforced. 

1.  That  the  attention  of  the  Synods  be  called  to  the  rule  adopted  by 
the  General  Assembly  of  1834.      (Mimdes,  p.  450). 

2.  That  the  Synods  be  required  at  their  next  regular  meeting  to  obtain 
replies  from  their  several  Presbyteries  to  the  two  following  questions, 
namely : 

(1)  Whether  the  above-recited  rule  of  the  Assembly  of  1834  has 
been  observed  by  the  Presbytery. 

(2)  Whether  proper  discipline  has  been  exercised,  in  cases  where  the 
reasons  for  withdrawal  from  ministerial  duty  have  been  disapproved  by 
the  Presbytery;  and  also  in  cases  of  habitual  absence  from  the  meetings 
of  the  Presbytery  without  the  rendering  of  sufficient  excuse. 

The  report  was  adopted. — 1869,  p.  263,  N.  S. 

6.  Ministers  engaged  in  secular  callings. 

From  the  Presbytery  of  Elizabethtown,  asking  the  Assembly,  "  for 
the  relief  of  our  minutes,  our  ecclesiastical  courts,  and  our  ministerial 
name,  to  define  whether  a  minister  who  turns  aside  from  his  calling,  not 
from  bad  health   or  moral  dehnquency,    to  some  secular  employment. 


OF   THE    PRESBYTERY.  209 

should  demit  the  sacred  office,  or  be  denied  the  full  immunities  of  the 
Presbytery. ' ' 

Resolved,  1.  That  the  former  deliverances  of  the  Assembly  on  that 
subject,  to  wit,  in  the  years  1802,  1834  and  1839  are  sufficient. 

Resolved,  2.  That  the  Presbyteries  be  enjoined  to  execute  the  rule  of 
the  Assembly  of  1834,  as  to  any  members  "  who  have  withdrawn  in 
Avhole  or  in  part,  without  justifiable  cause,  from  the  work  of  the  minis- 
try."—1869,  pp.  935,  936,  O.  S. 

[Note. — See  Book  of  Discipline,  Chap,  vii,  Sec.  liii.] 

7.  When  providentially  incapacitated  ministerial  privileges  remain. 
Resolved,  That  it  is  a  principle  of  this  Church  that  no  minister  of  the 

Gospel  can  be  regularly  divested  of  his  office,  except  by  a  course  of 
discipline,  terminating  in  his  deposition;  that  if  any  minister,  by  provi- 
dential circumstances,  become  incapable  of  exercising  his  ministerial 
functions,  or  is  called  to  suspend  them,  or  to  exercise  them  only  occa- 
sionally, he  is  still  to  be  considered  as  possessing  the  ministerial  character 
and  privileges;  and  his  brethren  of  the  Presbytery  are  to  inspect  his 
conduct;  and  while  they  treat  him  with  all  due  tenderness  and  sympathy, 
they  are  to  be  careful  that  he  do  not  neglect  ministerial  duty  beyond 
what  his  circumstances  render  unavoidable. — 1802,  p.  258. 

8.  Ministers  without  charge  are  constituent  members  of  Presbytery. 

[Note. — See  under  Form  of  Government,  Chap,  x,  Sec.  ii.] 

9.  All  ministers  are  of  equal  power  and  privilege. 

In  reply  to  an  overture  in  relation  to  the  right  of  ministers,  not 
engaged  in  the  ministerial  work,  to  sit  in  church  courts,  the  Assembly 
answers : 

According  to  the  Constitution  of  our  Church,  ministers,  as  such, 
whether  with  or  without  charge,  are  of  equal  power  and  privilege.  If 
the  defection  of  any  minister  from  the  duties  implied  in  his  ordination 
vows  is  serious  enough  to  disfranchise  him,  it  is  sufficiently  serious  to  call 
for  the  orderly  exercise  of  discipline.  The  remedy,  therefore,  for  the 
evil  complained  of  lies  with  the  Presbyteries,  and  cannot  be  reached  by 
any  action  of  the  Assembly.  Touching  the  alleged  inequality  between 
the  ministers  and  the  elders  in  our  judicatories,  it  need  only  be  remarked 
that  the  number  of  vacant  churches  in  a  growing  land  like  this  greatly 
exceeds  the  number  of  unemployed  ministers,  and  in  the  Church  at  large 
the  elders  could  at  any  time  obtain  a  large  majority,  if  disposed  so  to  do. 
Apprehending  no  danger  in  this  direction,  and  recognizing  no  antag- 
onism between  the  teaching  and  the  ruling  elders  in  the  Church,  this 
Assembly  sees  no  reason  for  special  action  in  the  case,  leaving  the  Pres- 
byteries in  our  large  cities,  where  ministers  without  charge  are  prone  to 
collect,  to  deal  with  them  in  an  orderly  manner  as  their  wisdom  mav 
suggest.— 1859,  p.  533,  O.  S. 

10.  May  a  minister  hold  a  civil  office  ? 
The  Committee  to  whom  was  referred  the  communication  from  the 
Presbytery  of  Ohio  respecting  the  Rev.  Boyd  Mercer  and  his  letter  to  the 
Moderator  of  the  Assembly,  exhibited  their  report. 

The  report,  having  been  read  and  amended,  was  adopted,  and  is  as 
follows,  viz. : 

With  respect  to  the  abstract  question,  whether  the  tenure  of  a  civil 
14 


210  FORM    OF   GOVERNMENT,    CHAP.    X. 

office  be  or  be  not  incompatible  with  that  of  the  holy  ministry,  the 
Assembly  is  of  the  opinion  that  there  is  nothing  in  the  holy  Scriptures, 
or  in  the  Constitution,  acts  or  proceedings  of  the  Presbyterian  Church  in 
these  United  States,  expressly  prohibitory  of  such  union  of  offices. 

With  respect  to  the  particular  case  referred  to  their  consideration,  as 
Mr.  Mercer  in  his  letter  expressly  asserts  that  it  is  not  his  intention  to 
decline  the  office  of  the  holy  ministry,  and  that  he  was  led  to  devote 
himself  for  the  present  to  the  functions  of  an  associate  judge  by  a  state 
of  health  so  infirm  as  to  interrupt  the  regular  discharge  of  his  public 
duties  as  a  minister  of  religion,  your  Committee  are  of  opinion  that  the 
Presbytery  of  Ohio  ought  not  to  censure  him  unless  there  be  some 
circumstances  in  the  case  unknown  to  the  Assembly. 

That  none,  however,  may  so  far  misconstrue  these  sentiments  as  to  per- 
.suade  themselves  that  they  countenance  a  covetous,  ambitious  spirit,  your 
Committee  further  beg  leave  to  suggest  the  propriety  of  cautioning  your 
clergy  against  worldly-mindedness;  of  exhorting  them  not  to  aspire  after 
places  of  emolument  or  civil  distinction;  of  reminding  them  that  the 
cure  of  souls  is  their  peculiar  business,  and  that  they  who  serve  at  the 
altar  ought,  as  far  as  possible,  to  avoid  temporal  avocations. — 1806,  p. 
363;  reaffirmed,  1808,  p.  399. 

11.  He  may  hold  the  office  of  chaplain  in  the  army  or  navy. 

a.  Application  was  made  to  Synod  by  Mr.  Beatty,  desiring  to  know 
their  mind  with  respect  to  his  going  as  chaplain  to  the  forces  that  may 
be  raised  in  the  Province  of  Pennsylvania,  if  he  shall  by  the  Govern- 
ment be  called  to  that  service.  The  Synod  do  judge  it  to  be  his  duty. — 
1756,  p.  275. 

b.  Application  having  been  made  to  Mr.  Beatty  by  Colonel  Arm- 
strong to  serve  as  chaplain  to  the  first  battalion  of  the  Pennsylvania 
Provincials  for  the  ensuing  campaign,  he  requested  the  advice  and 
judgment  of  this  Synod  with  respect  to  his  duty  therein.  The  Synod  do 
vmanimously  agree  that  it  is  his  duty  to  go. — 1758,  p.  282. 

C.  'Tis  allowed  that  Messrs.  Alexander  McDowel  and  Hector  AUison 
go  as  chaplains  to  the  Pennsylvania  forces,  and  that  Mr.  Kirkpatrick  go 
with  the  New  Jersey  forces,  the  ensuing  campaign. — 1760,  p.  302. 

d.  The  First  Philadelphia  Presbytery  report  that  they  have  ordained 
Mr.  Israel  Evans  and  Mr,  William  Lynn  to  qualify  them  to  act  as 
chaplains  in  the  army  to  which  they  had  been  appointed. — 1776,  p.  472. 

e.  Also  ordained  Mr.  Robert  Keith  to  qualify  him  to  act  as  a  chaplain 
in  the  army. — 1777,  p.  477. 

f.  A  reference  from  the  Presbytery  of  Philadelphia  on  the  propriety 
of  their  ordaining  to  the  work  of  the  Gospel  ministry  a  licentiate  under 
their  care  who  now  holds  the  office  of  a  chaplain  in  the  navy  of  the 
United  States  was  considered,  whereupon  the  Assembly 

Resolved,  That  this  judicature  of  the  Presbyterian  Church  feels  a 
deep  and  lively  interest  in  the  spiritual  welfare  of  the  marinei-s  of  this 
country,  and  especially  of  those  who  are  engaged  in  the  naval  service  of 
our  Union;  and  that  the  Assembly  therefore  will  rejoice  if  any  Presby- 
tery under  its  care  has  the  opportunity  of  ordaining  any  well -qualified 
persons,  men  of  piety  and  learning,  with  a  view  to  their  rendering 
permanent  ministerial  services  to  large  congregations  of  our  fellow- 
citizens  who  dwell  in  ships-of-war. — 1826,  p.  171. 


OF   THE   PRESBYTERY.  211 

12.  Demission  of  the  ministry  now  permitted. 

[Note. — See  Digest  of  1886,  pp.  165-1G8.  The  sentiment  of  the  Assembly  was  uniformly 
against  allowing  a  minister  to  demit  the  ministry.  See  Minutes,  1602,  p.  258  ;  1858, 
p.  299;  1859,  p.  532,  O.  S.,  when  an  overture  providing  for  the  demission  of  the  minis- 
try was  rejected:  Affirmative,  24  Presbyteries;  negative,  84  Presbyteries. 

In  1860  the  Assembly,  N.  S.,  adopted  a  full  minute  on  the  demission  of  the  ministry. 
Minutes,  pp.  234-236,  N.  S.     See  Digest  of  1886,  pp.  166-168. 

In  the  Assembly  of  1871  an  overture  on  the  demission  of  the  ministry  was  committed 
to  Rev.  Drs.  Z.  M.  Humphrey,  Charles  Hodge,  Henry  B.  Smith,  George  W.  Musgrave 
and  Elijah  R.  Craven,  to  report  to  the  next  Assembly,  p.  590.  For  the  report  and 
•overture,  see  Minutes,  1872,  pp.  46-50.  The  overture  was  rejected :  Affirmative,  45 
Presbyteries;  negative,  65;  not  voting,  69.— 1873,  p.  526. 

These  decisions  and  deliverances  are  annulled  by  Sec.  li.  Book  of  Discipline.] 

13.  Ministers  who  withdraw  from  Presbytery  and  unite  with  another 
denomination  stricken  from  the  roll. 

a.  The  Committee  on  the  reference  from  the  Chenango  Presbytery  in 
the  case  of  the  Rev.  Edward  Andrews,  made  the  following  report, 
which  was  adopted,  viz. : 

Resolved,  As  the  sense  of  this  Assembly,  that  though  the  conduct  of 
Mr.  Andrews  was  disorderly,  it  be  recommended  to  the  Presbytery  to  do 
nothing  further  in  the  case  than  simply  to  strike  his  name  from  the  list 
of  their  members.— 1828,  p.  240. 

[Note. — Mr.  Andrews  had  withdrawn  to  the  Episcopal  Church  and  been  reor- 
dained.] 

b.  Resolved,  That  when  a  minister  otherwise  in  good  standing  gives 
notice  iu  form  to  the  Presbytery  to  which  he  belongs  that  he  renounces 
the  fellowship  of  the  Presbyterian  Church,  or  by  neglecting  to  attend  the 
meetings  of  its  judicatories,  after  being  dealt  with  for  such  neglect,  gives 
evidence  that  he  has  done  so  in  fact,  his  name  ought  to  be  struck  from 
the  roll  of  its  members,  a  notice  of  this  procedure  communicated  to  the 
disowned  member,  and  if  necessary  published  to  the  Churcli. 

The  congregation  under  the  care  of  such  minister  ought  to  be  held  as 
still  under  the  care  of  Presbytery  unless  they  give  evidence  that  they  also 
have  been  withdrawn,  iu  which  case  their  name  ought  also  to  be  struck 
from  the  list  of  congregations  belonging  to  the  Presbytery. — 1830,  p.  305. 

C.  Resolved,  That  it  be  recommended  to  the  majorities  of  Presbyteries 
and  church  Sessions  to  take  no  other  action  in  relation  to  members  who 
have  left  them  to  join  other  ecclesiastical  bodies  not  iu  connection  with  us 
than  to  strike  their  names  from  the  roll. — 1839,  p.  24,  N.  S. ;  1879,  p. 
613. 

d.  Overture  No.  5,  from  the  Second  Presbytery  of  New  York,  asking 
the  direction  of  the  Assembly  as  to  the  action  to  be  taken  by  Presbytery 
in  the  case  of  a  member  who,  without  previous  conference  with  lus 
co-presbyters,  or  mthout  receiving  a  certificate  of  dismission,  leaves  the 
Presbytery,  and  abandons  the  ministry  of  the  Presbyterian  Church.  The 
Committee  recommend  to  the  Assembly  the  adoption  of  the  following 
resolution  as  an  answer  to  the  request  of  the  Presbytery: 

Resolved,  That  in  such  cases  as  that  presented  in  the  overture,  the 
Presbytery  ought  simply  to  erase  the  name  of  the  minister  from  the 
roll,  provided  he  leaves  the  Church  without  being  chargeable  with  fun- 
damental error  in  doctrine  or  immorality  of  life.  Adopted. — 1854,  p. 
17,0.  S. 

[Note  — See  Book  of  Discipline,  Chap,  vii,  Sec.  liii.] 


212  FORM  OF  GOVERNMENT,  CHAP.  X. 

14.  Names  of  church  members  and  ministers  who  withdraw  irregularly 
to  be  stricken  from  the  roll  under  specified  circumstances. 

Overture  from  the  Presbytery  of  Elizabeth,  asking,  "  What  is  the  duty 
of  the  Session  in  regard  to  a  churcli  member  who  has  united  with  another 
denomination  without  having  previously  given  any  notice  to  the  Session  of 
such  purpose  ?' ' 

The  Committee  recommends  that  this  inquiry  be  answered  by  referring 
to  the  action  of  the  General  Assembly  (N.  S. )  of  1839,  as  found  in 
Moore's  Digest,  1886,  p.  169;  and  also  to  the  action  of  the  General  As- 
sembly of  1828,  with  reference  to  ministers  who  withdraw  from  the  Pres- 
bytery and  unite  with  another  denomination,  as  found  on  the  same  page 
of  the  Digest.  -1879,  p.  613;  1880,  p.  45. 

[Note. — See  Book  of  Discipline,  Chap,  vii,  Sees.  Hi,  liii.] 

15.  Duty  of  Presbytery  in  case  of  members  who  do  not  report. 

a.  Overture  from  the  Presbytery  of  Boston  with  reference  to  absentees 
of  whose  whereabouts  the  Presbytery  knows  nothing,  or  who,  absenting 
themselves  from  year  to  year,  give  no  heed  to  the  communications  of  the 
Presbytery.  As  to  the  former  class,  the  Committee  recommend  that  their 
names  be  retained  on  the  roll  till  some  knowledge  can  be  obtained  of  such 
brethren;  as  to  the  latter  class,  that  a  process  of  discipline  be  entered 
upon  for  \dolation  of  ordination  engagements  to  be  subject  to  their  brethren 
in  the  Lord.     Adopted.— 1876,  p.  80;  1885,  p.  604. 

b.  Overture  from  the  Presbytery  of  Pueblo,  asking  whether  the  rule 
which  forbids  the  granting  of  a  letter  to  a  member  of  a  church  -who  has 
been  absent  from  all  meetings  and  services  of  said  church  for  two  years 
Avithout  satisfactory  explanations,  applies  also  in  principle  to  a  minister  in 
his  relation  to  a  Presbytery. 

Your  Committee  answer  this  inquiry  in  the  negative,  and  would  recom- 
mend that  each  Presbytery  is  competent  to  decide  each  particular  case  on 
its  own  merits.     Adopted. — 1883,  p.  626. 

TNoTE. — See  Book  of  Discipline,  Chap,  xii,  Sec.  cxvi.] 

16.  Authority  for  taking-  from  the  roll  the  names  of  ministers  serving 
churches  in  other  denominations. 

A  request,  from  the  Presbytery  of  Westchester,  that  the  Assembly  shall 
define  the  authority  of  Presbyteries  in  regard  to  taking  from  the  roll  the 
names  of  ministers  serving  churches  in  other  denominations.  The  Com- 
mittee recommend  the  adoption  of  the  following: 

Since  the  adoption  of  the  Revised  Book  of  Discipline,  especially  Sec. 
liii.  Chap,  vii,  a  Presbytery  has  no  authority  to  take  a  minister's  name 
from  the  roll  without  his  consent,  except  by  discipline,  unless  he  has  said 
or  done  something  wliich  either  recognizes  some  other  ecclesiastical  juris- 
diction over  him  or  declares  his  independence.  Presbyteries  should, 
however,  by  correspondence,  urge  those  who  have  identified  themselves 
with  other  denominations  to  take  regular  dismissions.  ]\Iiuisters  of  our 
own  Church  ought  to  connect  themselves  with  those  Presb}'teries  within 
which  is  located  either  their  field  of  labor  or  their  residence,  unless  very 
special  and  unusual  reasons  exist  to  the  contrary.  Adopted. — 1885,  p. 
604. 

[Note. — See  Book  of  Discipline,  Chap,  vii,  Sees,  li,  liii.] 


OF    THE    PRESBYTERY.  213 

VIII.    TO  EXAMINE  AND  APPROVE  OR  CENSURE  CHURCH  RECORDS. 

1.  Presbyteries  must  review  the  records  of  Sessions. 

Whereas,  It  appeared  in  the  course  of  the  free  conversation  dh  reHgion 
that  in  one  of  the  Presbyteries  under  the  care  of  the  General  Assembly 
the  Sessional  records  of  the  several  church  Sessions  were  not  regularly 
called  up  and  examined  every  year  by  the  said  Presbytery,  and  there  is 
reason  to  believe  that  other  Presbyteries  had  conducted  in  the  same  man- 
ner, therefore. 

Resolved,  That  it  be  and  it  hereby  is  required  of  all  the  Presbyteries 
witJiin  the  bounds  of  the  General  Assembly  annually  to  call  up  and 
examine  the  Sessional  records  of  the  several  churches  under  their  care,  as 
directed  in  the  Book  of  DiscipHne.— 1809,  p.  429;  1810,  p.  453. 

[Note.— See  Form  of  Government,  Chap,  ix,  Sec.  viii.] 

IX.    TO  RESOLVE  QUESTIONS  OF  DOCTRINE  OR  DISCIPLINE. 

X.    TO  CONDEMN  ERRONEOUS  OPINIONS. 
[Note.— See  above  under  Chap,  viii,  Sec.  iii  (2).] 
XI.    TO  VISIT  PARTICULAR  CHURCHES,  TO  INQUIRE  AND  REDRESS. 

1.  Overture  on  the  right  of  a  church  to  dismiss  its  elders  ;  to  deny  the 
right  of  appeal  and  to  deny  the  authority  of  the  Presbytery. 

The  Committee  on  the  Polity  of  the  Church,  to  whom  was  referred 
the  overture — When  a  church  shall  dismiss  its  ruling  elders,  and  deny  to 
its  members  the  right  of  appeal  and  complaint,  and  deny  the  authority  of 
Presbytery  over  it,  has  it  a  right  to  be  represented  in  the  judicatories  of 
our  Church  ? — reported  as  follows: 

Our  Church  is  organized  on  constitutional  principles,  with  powers  and 
duties  appropriate  to  each  branch  or  part  thereof ;  and  with  a  gradation 
of  subordinate  and  superior  judicatories,  designed  to  preserve  unity  of 
doctrine,  and  orderly  discipline,  according  to  the  Scriptures. 

This  Constitution  does  not  recognize  a  right  of  revolution,  and  makes 
no  provision  therefor;  but  treats  all  such  cases  simply  as  breaches  of 
order,  and  visits  them  with  appropriate  constitutional  remedies.  Any 
individual  church  is  represented  in  the  Church  judicatories  constitutionally 
only  by  the  pastor  or  an  elder,  one  or  both;  and  it  can  find  admission 
into  such  judicatories  only  through  such  a  mode  of  representation. 

The  overture  supposes  three  cases:  (1 )  a  dismissal  of  elders;  (2)  a  denial 
of  the  right  of  appeal  and  complaint;  and  (3)  a  denial  of  the  authority 
of  the  Presbytery. 

Each  of  these  is  an  unconstitutional  act,  is  utterly  null  and  void,  and 
subjects  the  offending  church  to  visitation  and  discipline  at  the  hands  of 
the  Presbytery.  The  Form  of  Government,  Chap,  x.  Sec.  viii,  empow- 
ers the  Presbytery  ' '  to  visit  particular  churches  for  the  purpose  of  inquir- 
ing into  their  state,  and  redressing  the  evils  that  may  have  arisen  in  them ; 
to  unite  or  divide  congregations,  at  the  request  of  the  people;  or  to  form 
or  receive  new  congregations ;  and,  in  general,  to  order  whatever  pertains 
to  the  spiritual  Avelf are  of  the  churches  under  their  care. 

The  above-named  acts  of  insubordination,  being  void,  work  no  effect ; 
the  Session  have  still  the  right,  and  it  is  their  duty,  to  send  one  of  the 
elders  to  the  Presbytery  and  the  Synod ;  and  his  votes  and  acts  in  these 
bodies  are  the  votes  and  the  acts  of  the  church.  So,  too,  the  Presbytery  may 
send  any  one  of  such  elders  to  the  General  Assembly;  and  should  such 


214  FORM  OF  GOVERNMENT,  CHAP.  X. 

church  refuse  obedience  to  the  acts  of  the  judicatories  so  constituted,  it 
would  be  subject  to  the  discipline,  in  due  form,  of  our  ecclesiastical  law. 
Such  chufch  has  a  right  to  be  represented  by  elderi^,  and  it  cannot  pass  by 
them  and  substitute  a  private  member  as  its  representative.  A  vcjid  act 
of  deposition,  or  dismission  of  its  elders,  does  not  incapacitate  the  church. 
In  sending  one  of  its  dismissed  elders  to  the  Presbytery  or  the  Synod,  it 
disaffirms  its  illegal  act,  and  that  is  an  end  of  it;  and  if  it  should  send 
a  delegate,  not  an  elder,  he  could  not  be  received;  and  the  church  would 
be  simply  unrepresented  (except  by  the  pastor),  p7-o  hoc  vice;  but  the 
church  is  still  under  the  care  of  the  Presbytery,  and  subject  to  its  govern- 
ment. The  bond  of  union,  which  was  formed  by  mutual  and  concurrent 
consent  and  act,  cannot  be  dissolved  by  an  ex  parte  act  of  insubordination 
or  revolution,  until  the  other  party  has  acted  thereon.  The  Committee, 
therefore,  recommend  the  following  answer  to  the  overture: 

Resolved,  That  the  acts  of  insubordination,  specified  in  the  overture, 
do  not,  of  themselves,  infer  a  forfeiture  of  the  church's  right  to  be  repre- 
sented in  the  Church  judicatories;  but  such  representation  must  be  in  the 
mode,  and  by  the  persons  specified  in  the  Constitution  of  the  Church.  — 
1860,  pp.  260,  261,  N.  S. 

2.  Unconstitutional  acts  of  a  portion  of  a  church  are  void. 

Where  one  portion  of  a  church  connected  with,  and  under  the 
jurisdiction  of,  the  Presbytery,  denies  the  jurisdiction  and  authority  of  the 
Presbytery  and  every  other  body,  and  all  right  to  review  its  proceed- 
ings, and  the  right  of  appeal  to  the  Presbytery,  and  declare  their  deter- 
mination so  to  continue ;  and  the  other  portion  of  such  church  declare  to 
the  Presbytery  their  wish  to  continue  their  connection  with  the  Presbytery 
as  heretofore,  instead  of  setting  up  as  an  indejaendent  church,  what  is 
the  duty  of  the  Presbytery  toward  that  portion  who  remain  faithful  ta 
such  jurisdiction  ? 

And  recommended  the  following  answer:  That  in  the  judgment  of  the 
Assembly,  the  report  on  the  subject  last  year  (see  Minutes,  pp.  260, 
261 )  implies  that  the  church  sustains  the  same  relation  to  the  Presbyteiy 
as  before  the  denial  of  its  jurisdiction ;  and  that  the  delegate  of  the 
church  is  entitled  to  a  seat  in  the  Presbytery,  as  in  years  previous  to  the 
act  aforesaid.— 1861,  p.  478,  N.  S. 

3.  Presbytery  may,  without  petition,  direct  an  elder  to  cease  acting. 

Overture  from  the  Session  of  the  Presbyterian  church  at  Irouton,  Mo. , 
in  reference  to  the  power  of  the  Presbytery  to  declare  that  a  member  of 
the  Session  shall  cease  to  be  an  acting  elder,  without  request  from  the 
Session,  or  any  members  of  the  church. 

The  Committee  would  recommend  the  following  answer  (see  Fonu  of 
Government,  Chap,  x.  Sec  viii)  :  Presbytery  has  power  to  visit  particular 
churches  for  the  purpose  of  inquiring  into  their  state,  and  redressing  the 
evils  that  may  have  arisen  in  them,  and  to  order  whatever  pertains  to 
their  spiritual  welfare,  without  being  requested  by  the  Session. 

The  report  was  adopted. — 1869,  p.  924,  O.  S. 
[Note. — See  Form  of  Government,  Chap,  xiii,  Sec.  vii.] 

4.  A  church  may  not  withdraw  without  consent  of  Presbytery, 
a.   From  the  Presbytery  of  Bloomington,  asking,  Has  any  church,  or 
any  part  of  a  church  in  our  connection,  the  constitutional  right  to  Avith- 


OF    THE    PRESBYTERY.  215 

draw  from  a  Presbytery  without  its  consent,  and  to  unite  with  another 
body  ?     Answered  in  the  negative. — 1866,  p.  54,  O.  S. 

b.  From  the  Presbytery  of  Iowa  City:  Can  a  Presbyterian  church,, 
under  the  care  of  a  Presbytery,  withdraw  regularly  without  first  asking 
consent  and  leave  of  the  Presbytery  ? 

We  unhesitatingly  reply  that  no  Presbyterian  church,  under  care  of  a 
Presbytery,  can  withdraw  regularly  without  first  asking  consent  and  leave 
of  the  Presbytery  under  whose  care  and  jurisdiction  it  voluntarily  placed 
itself.— 1867,  pp.  511,  512,  N.  S. ;  confirmed,  1876,  p.  80. 

C.  Overture. — A  question  from  the  Presbytery  of  Wisconsin:  How 
shall  a  church  be  orderly  transferred  to  another  denomination  ?  The 
Committee  recommend  the  following  answer:  So  far  as  it  is  ecclesiastically 
concerned,  it  cannot  withdraw  regularly  without  first  asking  consent  and 
leave  of  the  Presbytery  under  whose  care  and  juinsdictiou  it  voluntarily 
places  itself  (see  Moore's  Digest,  1886,  p.  172).  Questions  of  property 
must  be  determined  by  the  courts  of  the  State.     Adopted. — 1876,  p.  80. 

5.  Course  to  be  pursued  when  a  church  wishes  to  withdraw. 

Also  Overture  No.  4,  from  certain  members  of  the  Presbytery  of 
Athens,  asking  ' '  whether  it  is  allowable  for  a  Presbytery  and  a  church 
under  its  charge  to  dissolve  their  connection  by  mutual  consent,  the 
church  retaining  its  organization  and  standing  as  an  independent  body. ' ' 
The  Committee  recommended  that  the  following  answer  be  given: 
The  only  proper  method  of  dissolving  the  relation  between  a  Presbytery 
and  a  church  desiring  to  become  an  independent  body  is  for  such  church 
to  withdraw,  declining  the  further  jurisdiction  of  the  Presbytery,  and  the 
Presbytery  to  make  such  a  record  of  its  withdrawal  as  the  character  of 
the  action  of  the  withdrawing  church  requires.  The  recommendation  was 
adopted.— 1862,  p.  33,  N.  S. 

[Note. — See  4,  a,  6,  c,  above.] 

6.  Presbytery  may  dissolve  a  church. 

a.  The  appeal  and  complaint  of  Smiley  Shepherd  against  the  Synod  of 
Illinois.     The  report  was  as  follows: 

The  following  facts  are  stated  in  the  records  of  the  Presbytery  of  Bloom- 
ington,  and  are  not  denied  by  the  complainant:  The  Second  Church  of 
Union  Grove  in  October,  1859,  had  for  about  twenty  years  neither  meet- 
ing-house, pastor  nor  stated  supply,  nor  had  it  submitted,  through  the 
whole  of  that  period  until  1859,  either  statistical  reports  or  Sessional 
records.  It  had  worshiped  regularly  with  the  First  Church  of  Union 
Grove.  In  fact,  in  1859  it  consisted  of  the  complainant  and  his  family 
alone;  but  the  complainant  claimed  and  exercised  the  right,  as  ruhng 
elder,  to  receive  members  to  his  church  and  to  sit  and  vote  in  Presbytery 
and  Synod.  For  about  fifteen  years  the  Presbytery  had  considered  the 
church  as  without  even  a  nominal  existence,  having  in  1841  dropped  it 
from  the  roll,  and  it  was  not  restored  to  the  roll  till  1856,  and  then  only 
with  a  view  of  having  it  regularly  united  with  the  First  Church  of 
Union  Grove.  On  the  11th  of  October,  1859,  Presbytery  dissolved  the 
said  Second  Church,  and  directed  the  Stated  Clerk  to  furnish  its  members 
with  the  usual  certificates  to  some  other  Presbyterian  church. 

Against  this  proceeding  Mr.  Shepherd  appealed,  and  complained  to  the 
Synod  of  Illinois,  but  his  complaint  was  not  sustained.  He  now  appeals 
and  complains  to  the  General  Assembly. 


216  FORM  OF  GOVERNMENT,  CHAP.  X. 

He  does  not  deny  the  facts  as  stated  by  the  Presbytery,  but  alleges 
that  both  Presbytery  and  Synod  were  guilty  of  certain  gross  irregularities 
and  an  arbitrary  use  of  power  in  the  proceeding.  But  the  papers  do  not 
contain  evidence  sustaining  these  allegations.  There  is  no  testimony  of 
any  kind  filed  with  these  papers.  It  is  impossible  for  the  Assembly  to 
determine  from  the  record  whether  the  power  of  the  Presbytery  was 
discreetly  exercised.  The  Connnittee  therefore  recommend  that  the 
appeal  and  complaint  be  dismissed. 

The  report  was  adopted,  and  the  appeal  and  complaint  dismissed. — 
1863,  p.  36,  0.  S. 

[Note. — The  action  of  the  Presbytery  was  sustained.] 

b.   Overture,  from  the  Presbytery  of  Council  Bluffs,  asking: 

1.  Has  the  Presbytery  the  power,  under  any  circumstances,  to  dissolve 
a  chui'ch  organization  ? 

2.  When  a  church  becomes  greatly  reduced  in  numbers,  and  its  exist- 
ence is  made  unnecessary  by  the  new  organization  of  Presbyterian 
churches  in  more  favorable  localities,  to  which  a  majority  of  its  members 
have  removed,  has  the  Presbytery  power  to  dissolve  such  a  church 
organization,  overruling  the  wishes  of  a  majority  of  the  members  of  said 
church  organization  ? 

3.  Is  this  power  of  the  Presbytery  subject  to  reversal  by  the  higher 
courts  on  any  other  ground  than  that  of  injudicious  exercise  ? 

The  Committee  reconnnend  that  the  overture  be  answered  by  a  refer- 
ence to  the  case  of  Shephei'd  vs.  The  Presbytery  of  Bloomington 
{Moore's  Digest,  1886,  p.  172,  Sec.  48}.     Adopted.  — 1875,  p.  507. 

7.  Dissolutioii  is  in  the  discretion  of  the  Presbytery,  subject  to  appeal. 

A  memorial  to  the  General  Assembly,  signed  by  a  number  of  its  min- 
isters and  elders,  asking  an  answer  to  the  following  questions:  Whether, 
under  the  Constitution  of  the  Presbyterian  Church,  a  Presbytery  has  the 
power  to  dissolve  a  Presbyterian  church,  regularly  constituted  with  a 
Session,  communicants  and  trustees,  supporting  the  preaching  of  the 
Gospel,  no  formal  charges  made  against  the  church,  and  yet  acting 
against  the  wishes  of  the  Session  and  congregation,  or  rather  while  they 
are  protesting  against  such  action  ? 

The  Committee  recommended  the  following  reply: 

1.  A  Presbytery,  in  the  exercise  of  the  powers  given  it  by  Sec.  viii, 
C'hap.  X,  of  our  Form  of  Government,  must  be  its  own  judge  as  to  the 
causes  that  are  sufficient  to  justify  it  in  dissolving  any  church  in  its 
connection  (see  Digest,  1886,  p.  172). 

2.  If  any  wrong  is  done  to  a  church  by  such  a  Presbyterial  act  its 
remedy  is  to  be  found  in  an  appeal  to  a  higher  judicatory.  Adopted. — 
1879,  p.  615. 

8.  The  church  must  have  notice  of  the  proposed  dissolution. 

[The  Presbytery  of  Philadelphia  North  dissolved  the  Hermon  Church.  On  com- 
plaint, the  Assembly  reversed  the  Synod  and  the  Presbytery,  on  the  ground  that  the 
church  had  not  had  notice  (see  Book  of  Discipline,  Chap,  ix,  Sec.  iv,  sub-Sec. 
xcix).  The  Presbytery,  after  due  notice,  again  dissolved  the  church,  and  its  action 
was  brought  by  complaint  before  the  Assembly.] 

The  Judicial  Commission,  appointed  on  Case  No.  1,  submitted  the 
following  report,  which  was  ordered  to  be  recorded  as  the  judgment  of 
the  Assembly: 


OF   THE    PRESBYTERY.  217 

The  Judicial  Commission  to  whom  was  referred  Judicial  Case  No.  1, 
being  an  appeal  of  Addison  Bancroft  and  R.  W.  Stewart,  ruling  elders 
in  the  Hermon  Presbyterian  Church,  Frankford,  Pa.,  from  an  action  of 
the  Synod  of  Philadelphia,  present  the  following  report: 

The  appellants  appealed  from  the  action  of  the  Presbytery  of  Phila- 
delphia North  in  dissolving  the  Hermon  Church,  and  deciding  the  field 
occupied  by  it  a  mission  station  under  the  care  of  the  Presbytery.  The 
Synod  of  Philadelphia,  at  its  stated  meeting  at  Chester,  Pa.,  October 
19,  1877,  sustained  the  action  of  the  Presbytery;  whereupon  the  appel- 
lants brought  their  appeal  from  said  action  of  the  Synod  to  this  General 
Assembly;  and  the  case  having  been,  by  consent  of  parties,  referred  by 
the  General  Assembly  to  this  Commission  for  hearing  and  decision,  and 
the  Commission  having  thereupon  proceeded  to  issue  the  appeal  under  the 
ox'der  prescribed  by  the  Judicial  Committee  of  General  Assembly,  and 
having  fully  heard  the  original  parties  and  the  members  of  the  inferior 
judicatory,  decided  that  the  said  appeal  from  the  Synod  of  Philadelphia 
be  not  sustained,  and  for  the  following  reason:  It  appears  from  the 
minutes  of  the  General  Assembly  of  1877  that  this  case  was  brought 
before  said  Assembly  upon  its  merits,  and  that  the  action  of  the  Synod 
of  Philadelphia  and  of  the  Presbytery  of  Philadelphia  North,  in  the 
premises,  was  by  the  General  Assembly  reversed,  for  the  reason  that  Her- 
mon Church  had  no  previous  notice  of  the  contemplated  action  of  the 
Presbytery  in  dissolving  the  church,  while  at  the  same  time  regret  is 
expressed  as  to  the  necessity  of  reversing  the  decision  of  the  Synod  of 
Philadelphia  upon  a  ground  which  may  seem  merely  technical ;  where- 
upon the  Presbytery  of  Philadelphia  North  did,  at  a  regularly  called 
meeting  on  June  15,  1877,  proceed  anew  in  the  whole  matter,  and, 
having  served  proper  notice  ujDon  Hermon  Church  of  its  purpose  to  dis- 
solve said  church,  did  dissolve  it.  After  a  full  hearing  of  the  case,  this 
Commission  is  satisfied  that  the  Presbytery  of  Philadelphia  North  was 
fully  justified  by  the  facts  and  by  our  Form  of  Government  in  the  action 
then  taken;  and  that  the  Synod  of  Philadelphia  was  fully  justified  in 
sustaining  the  Presbytery  in  its  action.     Adopted. — 1878,  p.  41. 

XII.    TO  ORGANIZE,  UNITE  AND  DIVIDE  CHURCHES. 

1.  The  organizing  of  churches  belongs  to  Presbytery. 

Is  a  minister  of  the  Gospel  in  our  connection,  ex-officio,  authorized 
to  organize  churches  in  the  bounds  of  Presbyteries  without  any  previous 
order  of  Presbytery  directing  such  organization  ? 

a.  Resolved,  That  except  in  frontier  and  destitute  settlements,  Avhere, 
by  Form  of  Government,  Chap,  xv,  Sec.  xv,  it  is  made  a  part  of  the 
business  of  evangelists  to  organize  churches,  and  except  in  cases  where  it 
is  exceedingly  inconvenient  to  make  application  to  a  Presbytery  (for 
which  provision  is  made  in  the  act  of  Assembly  of  1831),  it  is  not  the 
prerogative  of  a  minister  of  the  Gospel  to  organize  churches  without  the 
previous  action  of  some  Presbytery  directing  or  permitting  it,  since  in 
Form  of  Government,  Chap,  x.  Sec.  viii,  to  form  new  congregations  is 
enumerated  among  the  powers  of  a  Presbytery,  and  since  in  Chap,  iv, 
' '  Of  Bishops  or  Pastors, ' '  no  mention  is  made  of  any  such  power  being 
lodged  in  the  hands  of  an  individual  minister. — 1833,  p.  410;  Form  of 
Government,  Chap,  xv.  Sec.  xv. 

b.  No  church  shall  be  organized  by  a  missionary  within  the  limits  of 


218  FORM    OF   GOVERNMENT,    CHAP.    X. 

any  Presbyteiy,  unless  authority  has  been  previously  obtained  from  the 
Presbytery.— 1883,  p.  644. 

2.  To  divide  and  organize  on  petition  of  a  minority. 

a.  Has  a  Presbytery  the  constitutional  right  to  divide  a  church  where 
a  majority  of  the  members  of  said  church  are  opposed  to  its  division  ? 

Resolved,  That  Avhere  the  minority  request  it,  and  the  Presbytery  ha<i 
reason  to  believe  that  the  interests  of  religion  will  be  promoted  by  it,  the 
Presbytery  has  the  right  to  form  the  minority  into  a  new  congregation. 
—1848,  p.  29,  O.  S. 

b.  Presbytery,  under  our  form  of  government,  has  the  sole  power, 
within  its  jurisdiction,  to  form,  unite,  and  divide  churches  and  to  estab- 
lish and  dissolve  pastoral  relationships,  subject  to  the  provisions  of  the 
Constitution,  including  the  provisions  for  complaint,  appeal,  review  and 
control.— 1896,  p.  131. 

3.  Presbytery  may  prohibit  an  organization. 

[Note. — The  people  about  White  Clay  Creek,  in  Ne\Y  Castle  county,  Delaware,  peti- 
tioned Presbytery  to  have  the  ordinances  of  the  Gospel  administered  with  more  con- 
venience and  nearness  to  the  place  of  their  abode,  for  the  greater  advantage  and  ease 
to  their  several  families.  Against  this  the  people  of  New  Castle  protested,  craving 
that  the  people  of  White  Clay  Creek  may  not  be  suffered  to  set  up  a  meeting-house  in 
the  country,  that  their  meeting-house  and  congregation  in  New  Castle  may  not  be 
damaged  by  this  rupture  of  their  fellow-members  of  White  Clay  Creek.] 

The  General  Presbytery, 

Ordered y  That  the  people  of  New  Castle  and  the  country  should  not 
be  divided  by  setting  up  two  separate  meetings. — 1708,  pp.  11,  12. 

4.  When  new  congregations  may  be  formed. 

The  Assembly  censure  a  minister  for  irregularity  in  dividing  the  church 
in  Peoria,  by  which  he  did  not  make  a  separation  from  the  great  body 
of  the  Presbyterian  Church,  but  a  schism  in  the  body,  contrary  to  the 
AVord  of  God  and  the  government  of  the  Church,  which  allow  of  the 
division  of  the  Church  universal  into  separate  congregations  only  when 
the  people  of  God  are  too  numerous,  or  remote  from  each  other,  to 
assemble  in  one  place  to  worship  God. — 1840,  p.  302,  O.  S. 

5.  Churches  should  not  be  organized  where  the  people  can  be  supplied 
with  church  privileges  by  existing  Presbyterian  churches. 
Overture  from  the  Presbytery  of  East  Florida,  asking  for  advice 
regarding  the  organization  of  new  churches  within  its  own  bounds,  and 
the  right  of  the  Presbytery  to  solicit  aid  from  the  Boards  of  Home 
Missions  and  Church  Erection.  Your  Committee  recommend  the  follow- 
ing action: 

1.  It  is  inexpedient  and  contrary  to  the  expressed  spirit  of  the  Church 
to  multiply  church  organizations  in  any  field  already  well  supplied  with 
Gospel  privileges,  and  especially  so  when  the  churches  occupying  the 
field  are  closely  related  to  us  in  doctrine  and  polity. 

2.  In  the  particular  field  seeking  advice — viz.,  that  which  is  occupied 
by  the  Presbytery  of  East  Florida — we  see  no  reason  either  for  disturb- 
ing work  already  undei-taken,  or  for  putting  any  definite  prohibition 
upon  wise  Christian  zeal  Avhich  seeks  the  extension  of  the  Church's  work 
and  care  in  the  bounds  of  the  said  Presbytery. 

3.  However,  we  think  it  unwise,  and  a  waste  of  the  means  and  power 
of  the  Church,  to  organize  separate  churches  when  the  persons  desiring 


OF    THE    PRESBYTERY.  219 

such  organizations  are  not  only  few  in  number,  but  may  be  supplied 
with  church  privileges  by  existing  Presbyterian  churches.  Adopted. — 
1882,  p.  96. 

6.  Presbytery  has  power  over  the  location  of  a  church. 

Overture  proposing  the  following  question:  "  Does  Chap,  x,  Sec.  viii, 
of  the  Form  of  Government,  defining  the  powers  of  the  Presbytery, 
give  the  Presbytery  the  right  to  exercise  control  over  the  erection  of 
church  buildings  within  its  bounds,  both  in  the  case  of  new  organizations 
expecting  to  build  and  of  old  congregations  proposing  a  change  of  loca- 
tion ?"     Answered  in  the  affirmative. — 1884,  p.  77. 

7.  Presbytery  has  power  to  divide  a  church. 

The  Commission  appointed  to  try  the  appeal  and  complaint  from  the 
Lost  Creek  congregation  against  the  Synod  of  Harrisburg,  presented 
their  report,  which  was  accepted,  and  ordered  on  record  in  the  minutes 
of  the  Assembly,  as  follows: 

The  Commission,  to  whom  was  referred  Judicial  Case  No.  5,  being  an 
appeal  from  and  a  complaint  against  the  Synod  of  Harrisburg,  in  the 
matter  of  sustaining  the  action  of  the  Presbytery  of  Huntingdon, 
dividing  the  church  of  Cedar  Creek,  beg  leave  to  report,  recommending 
that  the  paper  be  accepted  as  a  complaint  alone,  and  that  it  be  dismissed. 

The  Cedar  Creek  Church  consists  of  members  of  the  two  congregations 
of  Mifflintown  and  Lost  Creek,  eight  miles  apart,  and  united  as  one 
incorporated  society.  The  people  at  Mifflintown  petitioned  the  Presby- 
tery to  be  organized  into  a  new  and  separate  church,  and  a  Committee 
was  appointed  by  the  Presbytery  for  this  purpose.  Having  been  in- 
formed that  an  organization  into  a  new  church  might  jeopard  their  claim 
to  any  portion  of  the  property  they  hold  in  common  with  the  people  of 
Lost  Creek,  the  members  of  the  Cedar  Creek  Church  at  Mifflintown 
recalled  their  previous  request,  and  asked  the  Committee  of  the  Presby- 
tery to  divide  the  old  church,  and  set  them  off  as  a  part  of  it,  and 
organize  them  into  a  distinct  church.  The  Committee  acceded  to  this, 
and  the  act  Avas  approved  and  adopted  by  the  Presbytery. 

The  people  at  Lost  Creek  complained  to  the  Synod,  that  the  division 
of  the  church  was  ii'regular,  unconstitutional  and  injurious:  (1)  Because 
the  Committee  of  the  Presbytery  were  appointed  to  organize  a  new 
church,  and  not  to  divide  the  old  one;  (2)  because  the  Presbytery  were 
incompetent  to  divide  the  church  without  the  consent  of  that  part  of  it 
connected  with  the  Lost  Creek  congregation;  (3)  because  no  notice  of 
an  appointment  of  the  Committee  of  the  Presbytery  had  been  given  to 
the  Lost  Creek  people;  and  (4)  because  a  division  of  the  church  must 
be  injurious  to  Lost  Creek,  by  the  resources  that  must  be  withdrawn 
from  it,  and  injurious  to  both  places  by  the  alienation  that  must  be 
produced. 

The  Synod  dismissed  the  complaint,  and  sustained  the  Presbytery. 

The  complaint  of  the  action  of  the  Synod  is  brought  up  to  the  General 
Assembly,  on  the  same  grounds  on  which  complaint  of  the  action  of  the 
Presbytery  was  based. 

The  dismissal  of  the  complaint  is  recommended  to  the  Assembly, 
because  (1)  the  action  of  the  Committee  of  Presbytery  was  made  their 
own  by  the  Presbytery;  the  Presbytery  are  competent  to  divide  a  church 
on  the  petition  of  a  portion  of  its  members,  and  especially  of  a  majority 


220  FORM  or  GOVERNMENT,  CHAP.  X. 

of  its  members;  (2)  notice  of  the  coming  of  the  Committee  of  the 
Presbytery  was  published  from  the  pulpit  at  Lost  Creek,  and  the  pro- 
posed coming  of  the  Committee  was  well  known  to  the  people  there  ; 
(3)  because  the  Presbytery  and  Synod,  well  qualified  to  judge  of  this, 
deemed  it  expedient  and  for  the  interests  of  both  congregations  that  the 
church  should  be  divided;  and  that  the  apportionment  of  the  property 
between  the  two  congregations  is  left  for  future  adjustment. — 1876,  pp. 
93,  40;  1896,  p.  131. 

8.  The  Presbytery  has  the  power  to  unite  churches. 

A  complaint  of  certain  members  of  the  former  Central  Church,  Jack- 
sonville, 111.,  against  the  action  of  the  Presbytery  of  Springfield,  in 
uniting  the  First  and  Central  Churches  of  Jacksonville. 

The  Synod  is  the  court  of  last  resort  in  such  cases. — 1886,  p.  73; 
1896,  p.  131. 

9.  A  Presbytery  may  not  dismiss  or  receive  a  church  without  the 
consent  of  Synod. 

Resolved,  That  it  is  unconstitutional  for  a  Presbytery  to  dismiss  a  con- 
gregation under  their  care,  and  for  any  other  Presbytery  to  receive  the 
congregation  so  dismissed,  without  the  approbation  of  the  Synod  to 
which  such  Presbyteries  respectively  belong. — 1823,  p.  91. 

XIII.    TO  ORDER  WHATEVER  PERTAINS  TO  THE  SPIRITUAL  WELFARE 

OF  THE  CHURCHES. 

1.  A  Presbytery  dissolves  a  pastoral  relation  on  its  own  discretion,  for 
the  peace  and  welfare  of  the  church. 

The  Moderator  explained  the  state  of  the  question,  and  read  the  action 
of  the  Presbytery  of  St.  Louis  complained  against,  which  was  as  follows: 

The  memorial  of  certain  members  of  Pine  Street  Church  having  been 
presented,  after  discussion. 

Resolved,  1.  That  by  the  action  of  Presbytery  in  June,  1863,  the 
pastoral  relation  between  Dr.  McPheeters  and  the  Pine  Street  Church 
was  dissolved,  and  Dr.  McPheeters  ceased  to  be  the  pastor  of  that 
church,  and  ceased  to  have  the  right  to  exei'cise  discipline,  or  perform 
the  functions  of  the  pastoral  oflice  in  that  church. 

Resolved,  2.  That  inasmuch  as  this  action  was  taken  by  Presbytery  in 
the  exercise  of  its  power  ' '  to  ordain  whatever  pertains  to  the  spiritual 
welfare  of  the  churches  under  their  care,"  and  is  its  solemn  judgment 
that  the  interests  of  the  Pine  Street  Church  required  that  Dr.  McPhee- 
ters should  cease  to  exercise  the  functions  of  minister  to  that  church, 
therefore  Presbytery  learn  with  regret  that  Dr.  McPheeters  is  stiU  offici- 
ating as  minister  in  that  church,  Avhether  by  iu\'itatiou  of  Session  or  at 
his  own  instance  is  not  known  to  Presbytery,  but  in  either  case  they  do 
hereby  ordain  and  declare  that  in  the  judgment  of  Presbytery  the  peace 
and  harmony  and  spiritual  interests  of  Pine  Street  Church,  as  well  as  a 
proper  respect  for  the  feelings  of  a  large  minority  opposed  to  the  minis- 
tration of  their  former  pastor,  require  that  Dr.  McPheeters  shall  cease 
all  connection  with  that  church,  and  no  longer  attempt  to  minister  to 
that  congregation. 

The  vote  in  the  case  was  then  taken : 

Whereupon  the  Moderator  announced  that  the  complaints  in  this  case 
against  the  Presbytery  of  St.  Louis  were  not  sustained. 


OF    THE    PRESBYTERY.  221 

The  following  is  the  minute  in  the  case,  viz. : 

The  Assembly  does  not  sustain  the  complainants,  because  the  proceed- 
ings of  the  Presbytery  of  St.  Louis  in  this  case  appear  constitutional  and 
regular,  and,  so  far  as  we  can  j^erceive,  were  judicious,  equitable,  and 
for  the  edification  of  the  church. 

These  complaints,  both  in  their  language  and  the  necessity  of  the  case, 
brought  the  whole  j^roceeding  under  our  review.  The  question  of  a 
dissolution  of  the  pastoral  relation  between  Dr.  McPheeters  and  the  Pine 
Street  Church  Avas  originally  brought  in  an  orderly  manner  before  the 
Presbytery,  by  petition  of  a  minority  of  said  church,  and  a  personal 
tender  of  resignation  by  the  pastor;  and  after  all  the  constitutional  steps 
were  taken  with  care  and  deliberation,  was  decided  by  the  Presbytery, 
acting  for  the  peace  and  welfare  of  that  church.  That  which  was  called 
an  appeal  and  complaint  to  Synod  against  that  action  could  not  so  sus- 
pend all  further  proceedings  as  to  prevent  the  Presbyteiy  from  consider- 
ing and  acting  upon  the  continued  disturbed  state  of  that  congregation; 
and  when,  at  a  subsequent  stated  meeting  of  that  body,  this  subject  came 
before  them,  they  did,  almost  unanimously,  deem  it  unadvisable  that 
the  late  pastor  should  continue  ministerial  labors  in  that  congregation. 
Against  this  decision  of  the  Presbytery,  Dr.  McPheeters  and  others  have 
uttered  these  complaints,  which  we  do  not  sustain. 

The  Assembly  has  patiently  listened  to  the  history  of  this  case  from 
the  opposite  points  of  view  taken,  but  in  their  decision  have  strictly 
confined  themselves  to  the  facts  on  record.  The  resignation  of  the 
pastoral  relation,  and  the  distracted  state  of  the  church,  seemed  plainly 
to  call  for  the  action  of  the  Presbytery;  and  being  upon  the  ground, 
and  conversant  with  all  the  circumstances  and  demands  of  the  case,  they 
seem  most  competent  to  understand  and  decide  what  that  action  should 
be.  The  question  of  the  pastor's  loyalty  to  his  national  government, 
which  seemed  to  be  so  largely  a  disturbing  element  in  the  church,  has 
not  been  properly  before  the  Assembly,  as  it  was  not  pronounced  upon 
in  any  Presbyterial  action.  They  judged  it  best  for  the  peace  and 
prosperity  of  that  particular  church  that  the  late  pastor  should  retire 
altogether,  and  cease  from  his  public  ministrations  to  them;  and  this 
Assembly  cannot  decide  otherwise.  And  though  many  of  the  members 
of  the  Presbytery  were  absent  from  that  meeting  which  so  decided,  this 
could  not  invalidate  their  proceedings,  as  it  was  a  regular  and  lawful 
meeting  of  that  body. 

The  right  and  duty  of  the  Presbytery  "  to  order  whatever  pertains  to 
the  spiritual  welfare  of  the  churches  under  their  care,  and  especially  to 
heal  dissensions,  by  seeking  to  remove  the  occasions  of  them,  is  a  dis- 
tinctive and  important  feature  in  our  Presbyterian  polity.  And  when 
the  pastor  himself  so  far  recognized  the  propriety  of  his  withdrawal  as 
to  tender  to  the  Presbytery  his  resignation,  it  was  clearly  competent  for 
that  body  not  only  to  grant  his  request,  but  to  order,  if  necessary,  that 
he  cease  his  ministrations  to  that  people,  if  they  believed  that  by  longer 
continuing  to  serve  them  the  dissensions  would  be  fomented,  the  strife 
become  embittered,  and  the  spiritual  interests  of  the  church  endangered. 
And  when  the  Presbytery  did,  at  length,  so  interfere  and  direct,  without 
pronouncing  upon  the  rumors  and  side  issues  which  were  the  occasions  of 
the  strife  and  unhappy  condition  of  the  church,  they  simply  undertook 
to  control  the  relations  of  pastor  and  people  for  the  welfare  of  the 
church,  without  impeaching,  by  any  expression,  the  moral  character  and 


222  FORM    OF   GOVERNMENT,    CH4.P.     X. 

ministerial  standing  of  that  pastor.  They  only  ordered,  as  a  prudential 
measure,  that  the  resignation  which  he  had  himself  voluntarily  tendered 
to  them,  should  properly  and  entirely  be  carried  out,  by  his  ceasing  in 
any  way  to  keep  up  this  unhappy  state  of  things,  and  by  ceasing  to 
minister  to  them  as  their  pastor. — 1864,  pp.  .327,  328,  0.  S. 
[Note. — See  Form  of  Government,  Chap  x,  Sec.  viii.] 

2.  Power  of  the  Presbytery  over  the  pulpits  of  its  churches. 

a.  That  stated  supplies  should  not  preach  in  the  pulpits  of  auy  Pres- 
bytery without  its  consent;  and  when  the  consent  is  refused,  the  Presby- 
tery to  wliich  such  minister  serving  as  stated  supply  belongs,  being 
notified,  should  recall  him  within  its  own  bounds. — 1874,  p.  83. 

b.  The  Presbytery  has  power  to  determine  who  shall  statedly  preach 
in  the  pulpits  of  its  churches,  as  declared  in  the  answer  to  the  overture 
of  the  Presbytery  of  Lackawanna  [see  above]  on  essentially  the  same 
subject.     Adopted. — 1874,  p.  85. 

3.  The  power  of  the  Presbytery  over  unemployed  ministers  and  vacant 

churches. 

[Note. — The  subject  of  vacant  cliurches  and  unemployed  ministers  was  brought 
before  the  Assembly  by  an  overture  from  the  Synod  of  Toledo. — 1871,  p.  547.  A 
Special  Committee  of  seven  was  appointed  to  consider  and  report  upon  it  to  the  next 
Assembly,  p.  594.  Its  report  was  referred  to  the  next  Assembly. — 1872,  p.  54.  The 
next  year  the  Assembly  considered  the  report  as  referred  to  it  by  the  Committee  on 
Church  Polity  and  adopted  it.— 1873,  pp.  562,  563.    See  Moore's  Digest,  1886,  p.  176. 

Tliis  scheme  did  not  prove  satisfactory  in  operation.  A  Committee  was  appointed 
to  report  to  the  next  Assembly  on  Overtures  on  Unemployed  Ministers  and  Vacant 
Churches.— 1880,  p.  82. 

That  Committee  reported  a  plan  which  was  adopted. — 1881,  pp.  544,  548.  See 
Moore's  Digest,  1886,  pp.  498,  499,  where  the  report  is  given  in  full.  Neither  did  this 
scheme  accomplish  the  desired  results.] 

(1)    Committee  of  seven  appointed,  1888. 

a.  The  following  paper  was  referred  to  the  Committee  on  Vacant 
Churches  and  Unemployed  Ministers: 

In  view  of  the  acknowledged  difficulty  of  bringing  our  unemployed 
ministers  and  pastorless  churches  into  communication  with  each  other, 
the  ministerial  force  of  our  Church  being  thereby  often  subject  both  to 
disuse  and  misuse,  and  the  ministry  sometimes  exposed  to  personal 
humiliation ; 

And  in  view  of  the  challenge  of  our  present  method  of  preparing 
men  for  the  miuistry,  and  the  plea  that  is  urged  in  many  quarters  for 
an  alternative  English  course  of  study; 

And  in  view  of  the  wide  need  of  more  laborers  of  some  sort,  if  we 
would  reach  the  destitute  districts  adjacent  to  our  regularly  established 
churches,  which  outside  and  independent,  and  sometimes  irresponsible 
agencies  are  being  organized  to  meet; 

And  in  view  of  the  latent  and  untrained  power  for  effective  and 
evangelistic  service  iu  many  of  our  church  officers  and  members: 

Iie.'<olved,  That  a  Committee  of  seven,  four  ministers  and  three  elders, 
be  appointed  to  take  these  and  any  other  questions  strictly  germane 
thereto  into  consideration,  and  report  to  the  next  Assembly  whether  any, 
and  if  any,  what  action  is  desirable  concerning  any  one  or  all  of  these 
points.— 1888,  p.  135. 

[Note. — See  its  report  of  progress. — 1889,  p.  107. 

"This  Committee  on  the  Increase  of  the  S^ipply  of  Ministers  and  on  Unemployed 


OF   THE    PRESBYTERY.  223 

Ministers  and  Vacant  Ohnrches  made  a  report  which  was  referred  to  the  next  Assem- 
bly and  may  be  found  in  full  in  Minutes,  1890,  Appendix,  pp.  157-160;  1890,  p.  110. 

The  report  of  this  Special  Committee  on .  Unemployed  Ministers  and  Vacant 
Churches  was  taken  up. — 1891,  pp.  48,  54,  129,  189.  For  the  report  in  full,  see  Minutes, 
1891,  pp.  209-213,  Appendix.  The  Stated  Clerk  was  directed  to  transmit  the  report 
to  the  Presbyteries  for  their  opinions  to  bo  considered  by  the  Committee  and  reported 
to  the  next  Assembly.— 1891,  p.  209.] 

b.  The  Committee  on  Unemployed  Ministers  and  Vacant  Churches 
presented  its  report,  which  was  amended,  and  adopted.  The  Stated  Clerk 
Avas  directed  to  send  down  the  overture  contained  therein  to  the  Presby- 
teries, for  action  by  them. — 1892,  p.  215. 

[Note. — For  the  report  of  the  Committee  in  full,  see  Minutes,  1892,  pp.  215-217.] 

C.  The  Committee  of  Canvass  on  the  Answers  of  the  Presbyteries 
reported  that  the  overture,  having  failed  of  receiving  a  constitutional 
majority,  is  not  adopted. — 1893,  p.  204. 

(2)    Committees  of  Presbytery  to  be  appointed. 

In  answer  to  overtures  from  some  forty  Presbyteries  asking  the  Assem- 
bly to  adopt  some  plan  of  regulating  pulpit  supply,  and  ministerial 
service,  and  suggesting  a  plan  for  the  same,  the  Assembly  reply : 

The  General  Assembly,  by  frequent  Committees,  through  many  years, 
has  wrestled  with  this  problem.  It  has  thus  far  failed  to  formulate  a 
plan  that  has  proved  to  be  acceptable  and  serviceable  to  the  Church. 
The  duties  herein  proposed  to  be  recommended  to  Presbyteries,  ministers 
and  vacant  churches  are  such  as  might  be  reasonably  commended,  includ- 
ing also  the  Synod.  The  methods  suggested  are  such  as  clearly  Jbelong 
to  our  system.  But  the  reiteration  of  these  methods  at  this  time  would 
seem  to  be  useless,  unless  it  be  accompanied  by  the  creation  of  some  form 
of  central  agency  to  serve  as  the  medium  of  communication.  The 
central  agency  proposed  in  most  of  these  overtures  is  The  Church  at 
Home  and  Abroad.  Your  Committee  is  not  prepared  to  recommend  this 
as  an  agency  that  could  or  would  be  used  by  the  Presbyteries,  churches 
or  ministers  for  this  purpose.  Some  of  the  overtures  propose  an  officer 
of  the  General  Assembly  as  the  agency.  We  recommend,  therefore, 
that  the  Genei'al  Assembly  call  the  attention  of  Presbyteries,  Synods, 
ministers  and  churches  to  this  subject;  that  the  Assembly  recommend  to 
Presbyteries  and  Synods  the  appointment  of  Committtees  on  Vacant 
Churches  and  Unemployed  Ministers,  and  that  the  question  of  a  central 
agency  be  held  in  abeyance  for  the  present. — 1894,  p.  142. 

4.  The  higher  judicatories  may  institute  process  in  cases  in  which  the 
lower  have  been  directed  so  to  do  and  have  refused  or  neglected  to 
obey. 

[Note. — See  Book  of  Discipline,  Sec.  xviii.  Complaint  of  the  Sewickley  Church  con- 
sidered as  an  overture.] 

1.  This  Assembly  reaffirms  the  resolutions  adopted  by  the  Synod  and 
Presbytery,  setting  forth  the  binding  obligations  of  the  Fourth  Command- 
ment as  expounded  in  the  Standards  of  the  Presbyterian  Church  and 
in  the  repeated  deliverances  of  the  General  Assembly,  and  also  the 
declarations  of  the  Synod  and  the  Presbytery,  that  any  voluntary  and 
responsible  participation  in  the  publication  and  sale  of  a  Sunday  news- 
paper is  inconsistent  alike  with  obedience  to  the  law  of  God  and  with 
membership  in  the  Pi^esbyterian  Church. 

2.  That  it  is  entirely  within  the  constitutional  authority  of  a  Presby- 


224  FORM  OF  GOVERNMENT,  CHAP.  X. 

tery  to  direct  the  Session  of  a  church  under  its  care  to  proceed  to  the 
discipline  of  any  member  of  said  church;  and  that  it  is  competent  for  a 
Synod  to  reaffirm  such  instructions  on  a  reference  of  a  case  asking  for  its 
advice.  That  the  Session  of  the  church  of  Sewickley  were  bound  to 
carry  out  the  plain  meaning  of  the  instructions  of  the  Presbytery  of 
Allegheny,  and  that  their  reasons  for  declining  to  do  so  are  insufficient. 

3.  That  the  proper  remedy  for  the  Presbytery  to  apply  to  that  Session, 
if  they  continue  to  disobey  the  instructions  of  the  Presbytery,  is  to  put 
the  Session  under  discipline  for  contumacy. 

The  report  was  adopted. — 1877,  p.  531. 

IX.  It  shall  be  the  duty  of  the  Presbytery  to  keep  a  full  and  fair 
record  of  their  proceedings,  and  to  report  to  the  Synod  every  year,  licen- 
sures, ordinations,  the  receiving  or  dismissing  of  members,  the  removal 
of  members  by  death,  the  union  or  division  of  congregations  or  the  forma- 
tion of  new  ones,  and,  in  general,  all  the  important  changes  which  may 
have  taken  place  within  their  bounds  in  the  course  of  the  year. 

[Note. — See  under  Form  of  Government,  Chap,  xi,  Sec.  vi.  Nearly  every  case  there 
apphes  equally  to  the  records  of  Presbytery.] 

1.  Narratives  and  all  important  papers  to  be  recorded. 

Resolved,  That  this  Assembly  earnestly  recommend  to  the  Synods 
and  Presbyteries  to  record  in  their  minutes  the  Narrative  of  Religion  and 
all  other  papers.— 1870,  p.  91;  1892,  p.  200. 

2.  Minutes  of  Presbyteries  may  be  kept  in  print. 

Overture  from  the  Synod  of  New  York,  asking  the  Assembly  to  make 
a  definite  deliverance  as  to  whether  the  principle  established  in  relation 
to  the  records  of  Synods  {Minutes,  1884,  p.  75)  does  not  apply  to  those 
of  Presbyteries  also. 

This  answer  referred  to  has  reference  to  the  keeping  the  minutes  of  the 
Synods  in  print. 

Your  Committee  recommend  an  answer  in  the  affirmative;  and  to  say 
that  all  our  Church  courts  may  follow  the  same  rule,  only  observing 
with  care: 

1.  That  the  minutes  be  fully  and  accurately  kept  and  recorded. 

2.  That  they  be  preserved  in  volumes,  and  not  left  to  separate  pam- 
phlets, and  be  carefully  paged. 

3.  That  they  have  blanks  left  for  corrections  and  appi'oval. 

4.  That  the  minutes  of  every  meeting  be  duly  authenticated  by  the 
written  name  of  the  Stated  Clerk,  or  some  officer  appointed  to  authenti- 
cate them.     Adopted. — 1889,  p.  101. 

3.  Churches  holding  services  in  foreign  languages  to  be  designated  in 

statistical  reports. 

It  was  Resolved,  That  the  Stated  Clerks  of  the  Presbyteries  indicate, 
in  the  statistical  reports,  the  nationality  of  all  churches  in  which  services 
are  held  in  a  foreign  language,  by  adding  to  or  inserting  in  the  name 
of  a  given  church  the  customary  national  name  of  the  persons  worshiping 
therein.— 1882,  p.  18. 

4.  The  Stated  Clerk  of  the  Assembly  may  upon  explicit  official 
information  correct  errors. 
Overture  from  the  Presbytery  of  Mahoning,  asking  the  General  As- 


OF   THE    PRESBYTERY.  225 

sembly  to  restrain  its  Stated  Clerk  from  making  alterations  in  statistical 
reports,  in  face  of  the  deliberate  action  and  order  of  the  Presbytery,  on 
the  subject  of  putting  to  the  names  of  ministers  the  designations 
"  W.C."  and  "  H.R."  Your  Committee  recommend  the  following 
answer:  The  General  Assembly  enjoins  its  Presbyteries  to  carefully  attend 
to  sending  their  statistical  reports  as  full  and  complete  as  practicable. 
And  further,  it  is  the  judgment  of  the  Assembly  that  it  is  within  the 
province  of  the  Stated  Clerk  to  correct  obvious  errors  and  to  supply 
evident  omissions  in  the  statistical  reports  sent  up  by  the  Presbyteries;  it 
being  understood,  however,  that  changes  shall  be  made  only  upon  explicit 
official  information. — 1882,  p.  96. 

5.  It  is  required  of  every  Presbytery  to  prepare  and  forward  Reports 
to  the  General  Assembly. 

1.  A  Statistical  Report,  according  to  the  form  exhibited  on  page  385 
of  the  present  Appendix ;  a  printed  blank  for  which  will  be  furnished 
in  due  season,  by  order  of  the  Assembly,  to  the  Stated  Clerk  of  every 
Presbytery.  This  report  should,  if  possible,  embrace  all  the  changes 
in  the  Presbytery  previous  to  the  first  day  of  April. 

2.  A  Narrative  of  the  State  of  Religion  within  the  bounds  of  the 
Presbytery  for  the  year  ending  April  1.  A  blank  for  the  Narrative  was 
adopted  by  the  General  Assembly  of  1891,  and  a  copy  will  be  forwarded 
to  every  Stated  Clerk.  By  order  of  the  Assembly  of  1880,  a  blank  for 
a  Tabulated  Statement  of  fiicts  will  annually  be  forwarded  to  the  Stated 
Clerk  of  each  Presbytery,  to  be  filled  properly,  and  duly  reported  to  the 
Assembly.  This  Tabulated  Statement  should  be  sent  to  the  Stated  Clerk 
of  the  Assembly  at  least  ten  days  before  the  meeting  of  that  body.  As 
the  Narratives  are  not  to  be  publicly  read,  less  care  may  be  given  to 
their  style,  and  more  to  the  details  of  particulars,  such  as  will  aid  the 
Committee  of  the  Assembly  in  preparing  their  Annual  General  Narrative 
of  the  State  of  the  Church.  The  blank  for  the  Congregational  Narra- 
tives, ordered  by  the  Assembly  of  1895,  can  be  had  from  the  Board  of 
Publication. 

X.  The  Presbytery  shall  meet  on  its  own  adjournment;  and  when 
any  emergency  shall  require  a  meeting  sooner  than  the  time  to  which  it 
stands  adjourned,  the  moderator,  or,  in  case  of  his  absence,  death,  or 
inability  to  act,  the  stated  clerk,  shall,  with  the  concurrence,  or  at  the 
request  of  two  ministers  and  two  elders,  the  elders  being  of  different 
congregations,  call  a  special  meeting.  For  this  purpose  he  shall  send  a 
circular  letter,  specifying  the  particular  business  of  the  intended  meeting, 
to  every  minister  belonging  to  the  Presbytery,  and  to  the  Session  of  every 
vacant  congi'egation,  in  due  time  previous  to  the  meeting;  which  shall 
not  be  less  than  ten  days.  And  nothing  shall  be  transacted  at  such 
special  meeting  besides  the  particular  business  for  which  the  judicatory 
has  been  thus  convened. 

1.  Presbytery  may  meet  without  its  own  bounds. 

1.  Resolved,  That  Synod  has  power  to  order  a  Presbytery  to  meet  and 
to  transact  such  business  as  in  the  judgment  of  Synod  is  intimately 
connected  with  the  good  order  and  well-being  of  the  Church. 

2.  Resolved,  That  as  such  meetings  are  of  the  nature  of  pro  re  nata, 

lo 


226  FORM  OF  GOVERNMENT,  CHAP.  X. 

meetings,  the  rules  that  are  laid  down  in  our  book  for  the  regulation  of 
such  called  meetings  ought  to  regulate  and  govern  in  all  cases  these  meet- 
ings ordered  by  Synod,  except  when  ordered  to  meet  during  the  sessions 
of  Synod  on  business  immediately  connected  with  the  proceedings  of 
that  body.  In  such  cases  the  Presbytery  may  be  required  to  meet  at 
once  by  order  of  the  Synod. 

3.  Resolved,  That  whilst  it  would  be  inexpedient  and  wrong  for  the 
Synod  to  order  a  Presbytery  to  meet  beyond  its  own  bouijds  without  the 
express  consent  of  its  members,  we  see  no  constitutional  or  valid  objec- 
tion against  a  Presbytery  agreeing  to  meet  without  its  own  geographical 
limits.— 1848,  p.  60,  O.  S. 

2.  A  meeting  pro  re  nata  must  be  called  by  the  Moderator  chosen  at 
a  stated  meeting. 

[The  records  of  the  Synod  of  Mississippi  approved,]  with  the  ex- 
ception that  the  Synod  acknowledges  the  constitutionality  of  a  meeting 
of  the  Presbyter)^  of  Clinton  that  had  been  called  by  a  Moderator  chosen 
pro  tempore  at  a  previous  j^t'o  '^^  nata  meeting,  instead  of  being  called  by 
the  Moderator  appointed  at  the  last  stated  meeting  of  the  Presbytery. — 
1842,  p.  28,  O.  S. 

3.  When  meetings  pro  re  nata  may  be  called. 

In  answer  to  the  first  query,  the  Synod  judge  that  meetings  of  judica- 
tures pro  re  nata  can  only  be  necessary  on  account  of  important  occur- 
rences unknown  at  their  last  meeting,  and  which  cannot  be  safely 
deferred  till  their  stated  meeting,  such  as  scandal  raised  on  a  minister's 
character  tending  to  destroy  his  usefulness  and  bring  reproach  on  religion, 
or  feuds  in  a  congregation  threatening  its  dissolution,  or  some  dangerous 
error  or  heresy  broached;  but  not  matters  judicially  deferred  by  the 
judicature,  except  some  unforeseen  circumstance  occurs,  which  makes  it 
appear  that  some  principal  things  on  which  the  judgment  depends  may 
then  be  had,  and  cannot  be  obtained  if  it  is  deferred  till  their  stated 
meeting,  nor  for  any  matters  that  ordinarily  come  in  at  their  stated 
meetings.  And  when  such  occasional  meetings  appear  necessary  to  the 
Moderator  himself,  it  is  proper  to  call  the  judicature  together,  or  upon 
the  application  of  any  two  members  judging  it  necessary,  provided  always 
that  seasonable  notice  be  given  to  all  the  members  of  the  occasion,  time 
and  place  of  meeting,  and  that  it  be  appointed  at  such  a  season  as  may 
render  the  attendance  of  the  members  practicable.  — 1760,  p.  305. 

4.  Applicants  for  a  meeting  pro  re  nata  may  name  a  time  and  place 

which  the  Moderator  may  not  change. 

1 .  In  an  application  to  the  Moderator  of  a  Presbytery  to  call  a  pro  re 
nata  meeting  of  that  body,  is  it  competent  for  applicants  to  specify  a 
particular  time  and  place  for  such  meeting  ? 

2.  If  a  particular  time  or  place,  or  both,  be  specified  in  the  application 
for  a  pro  re  nata  meeting  of  Presbytery,  has  the  Moderator  a  right,  on 
such  application,  to  call  a  meeting  at  a  diflferent  time  and  place  ? 

The  first  question  was  answered  afiirmatively,  the  second  negatively, 
at  the  recommendation  of  the  Committee. — 1856,  p.  522,  O.  S. 

5.  What  business  may  be  done  at  a  pro  re  nata  meeting. 

Overture  from  the  Presbytery  of  Newton,  asking  the  General  Assem- 
bly if,  at  a  pro  re  nata  meeting,    business,   necessarily  resulting  from 


OF   THE    PRESBYTERY,  227 

action  taken  at  such  meeting,  but  not  included  in  the  call,  can  be  prop- 
erly transacted.  For  example:  at  a  pro  re  nata  meeting  to  dissolve  a 
pastoral  relation  and  dismiss  the  pastor,  the  following  items  which  were 
not  in  the  call  were  transacted: 

Arrangements  were  made  for  declaring  the  pulpit  vacant; 

Supplies  were  furnished  for  the  vacant  pulpit; 

A  neighboring  pastor  was  appointed  Moderator  of  the  Session  of  the 
vacant  church,  according  to  a  standing  rule  of  the  Presbytery ; 

The  minister  dismissed  left  the  important  Committee  on  Systematic 
Beneficence  without  a  chairman,  of  which  Committee  the  remaining 
members  were  not  able  to  act :  at  this  pro  re  nata  meeting  this  vacancy 
was  filled. 

The  Committee  recommend  the  following  answer:  Only  such  action 
should  be  had  at  a  pro  re  nata  meeting  as  is  essential  to  complete  the 
business  directly  connected  with  that  named  in  the  call  for  said  meeting. 

In  the  case  submitted  the  appointment  of  the  chairman  of  a  permanent 
Committee  of  the  Presbytery  was  not  within  the  limits  of  the  call  for 
the  pro  7-e  nata  meeting.      Adopted. — 1874,  p.  81. 

6.  How  the  place  of  the  regularly  appointed  meeting  may  be  changed. 

Overture  from  the  Presbytery  of  Bellefontaine,  asking  the  Assembly 
to  provide  a  plan  for  the  more  convenient  change  of  the  place  of  meeting 
of  the  Presbyteries,  similar  to  that  provided  for  the  Synods,  as  found  in 
Moore's  Digest,  p.  509. 

Answer.  Whenever  from  any  cause  it  shall  be  necessary  to  change 
the  place  of  the  regularly  appointed  meeting  of  a  Presbytery,  its  Stated 
Clerk  shall,  at  the  request  of  at  least  three-fourths  of  the  Clerks  of  its 
church  Sessions,  be  authorized  to  secure  another  place  of  meeting,  and 
to  issue  his  official  call  for  the  meeting  of  the  Presbytery  accordingly. 
(See  Digest  of  1886,  p.  509,  similar  action  as  to  Synod.) — 1890,  p.  45. 

XI.  At  every  meeting  of  Presbytery  a  sermon  shall  be  delivered,  if 
convenient;  and  every  particular  session  shall  be  opened  and  closed 
with  prayer, 

1.  The  preacher  not  necessarily  a  member  of  that  Presbytery. 

The  records  of  the  Synod  of  Indiana  approved,  except  that  on  page 
253  it  appeared  that  the  Presbytery  of  Madison,  at  a  certain  meeting, 
in  the  absence  of  the  Moderator,  invited  a  minister  from  another  Pres- 
bytery to  preach  the  opening  sermon.  This  act  of  Presbytery  the  Synod 
condemn  as  unconstitutional.  The  Committee  are  of  the  opinion  that 
the  Presbytery  by  so  doing  violated  no  principle  of  the  Constitution. 

Adopted.— 1849,  p.  250,  O.  S, 

[Note. — It  will  be  observed  that  Sec.  xi  does  not  require  that  the  sermon  shall  be 
deUvered  at  the  opening  of  the  meeting.] 

XII.  Ministers  in  good  standing  in  other  Presbyteries,  or  in  any  sister 
churches,  who  may  happen  to  be  present,  may  be  invited  to  sit  with  the 
Presbytery  as  corresponding  members.  Such  members  shall  be  entitled 
to  deliberate  and  advise,  but  not  to  vote  in  any  decisions  of  the  Pres- 
bytery, 


228  FORM  OF  GOVERNMENT,  CHAPS.  X-XI. 

1.  Synods  and  Presbyteries  may  correspond  with  local  bodies. 

a.  Resolved,  That  while  this  Assembly  would  not  interfere  authorita- 
tively with  the  lower  judicatories  in  the  exercise  of  their  prerogative, 
they  would  recommend  that  no  ministers  should  be  invited  to  sit  as  corre- 
spondents who  do  not  belong  to  some  body  in  correspondence  with  this 
Assembly.— 1843,  p.  23,  N.  S. 

b.  The  report  of  the  Committee  in  reference  to  correspondence  with 
the  Methodist  Episcopal  conferences,  which  had  been  put  upon  the 
docket,  was  taken  up,  and  the  following  resolution  was  adopted,  viz. : 

Whereas,  The  communication  of  the  Oneida  Annual  Conference  of 
the  Methodist  Episcopal  Church  solicits  only  a  correspondence  between 
themselves  and  the  Synod  of  New  York  and  New  Jersey,  and  not  with 
the  Presbyterian  Church  generally;  and 

Whereas,  The  Synod  has  referred  the  matter  to  the  Assembly  without 
submitting  any  specific  proposition  or  plan  for  such  correspondence; 
therefore, 

Resolved,  That  the  communication  be  referred  back  to  the  Synod  to 
adopt  such  measures  as  they  may  deem  proper  in  pursuance  of  the 
request  for  a  correspondence  of  the  local  bodies. — 1850,  p.  323,  N.  S. 

C.  Overture:  Is  it  orderly  for  our  Presbyteries  and  Synods  to  invite 
ministers  of  the  Methodist  Episcopal  Church  to  sit  as  corresponding 
members  ?  which  was  answered  by  the  Assembly  unanimously  in  the 
affirmative. — 1849,  p.  174,  N.  S. 

2.  The  ecclesiastical  bodies  must  be  named. 

Minutes  (Synod  of  Albany)  approved,  with  the  exception  of  ha^^ng 
invited  several  ministers  to  take  their  seats  as  corresponding  members 
without  describing  the  ecclesiastical  bodies  to  which  such  ministers  belong. 
—1815,  p.  578. 

3.  An  elder  cannot  sit  as  a  corresponding  member. 

An  overture  from  the  Presbytery  of  Milwaukee,  for  an  answer  to  the 
following  question :  "  In  a  meeting  of  Presbytery,  is  there  constitutional 
objection  to  inviting  a  ruling  elder  present,  as  the  retiring  Moderator, 
but  not  a  delegate,  to  sit  as  a  corresponding  member  ?"  It  is  recom- 
mended that  this  answer  be  returned :  ' '  He  cannot  be  invited  to  sit  as  a 
corresponding  member  in  the  Presbytery,  because  he  is  from  no  body 
in  correspondence  with  it,  and  because  he  is  eligible  to  the  Presbytery  as 
one  of  its  constituencv,  and  has  not  been  delegated  by  his  Session." 

Adopted.— 1886,  p.  48. 

4.  A  Unitarian  minister  may  not  be  invited  to  sit. 

Exception  to  records  of  the  Synod  of  the  Columbia.  We  find  on 
page  17  this  record:  That  "  The  Rev.  T.  L.  Elliott,  of  the  Unitarian 
Church  of  Portland,  being  present,  was  invited  to  the  privileges  of  the 
floor." 

To  this  action  of  the  Synod  the  Assembly  excepts. — 1886,  p.  110. 


OF   THE   SYNOD.  229 

CHAPTER  XI. 
OF  THE  SYNOD. 

1.  As  a  presbytery  is  a  convention  of  the  bishops  and  elders  within  a 
certain  district;  so  a  synod  is  a  convention  of  the  bishops  and  elders 
within  a  larger  district,  including  at  least  three  presbyteries.  The  synod 
may  be  composed,  at  its  own  option,  with  the  consent  of  a  majority  of  its 
presbyteries,  either  of  all  the  bishops  and  an  elder  from  each  congrega- 
tion in  its  district,  with  the  same  modifications  as  in  the  presbytery,  or 
of  equal  delegations  of  bishops  and  elders,  elected  by  the  presbyteries  on 
a  basis  and  in  a  ratio  determined  in  like  manner  by  the  synod  itself  and 
its  presbyteries. 

Note.— The  Form  of  Government,  as  adopted  in  1789,  read :  "A  Synod  is  the  Con- 
vention of  several  Presbyteries  within  a  larger  district,  including  at  least  three 
Presbyteries."  The  Assembly  of  1804,  p.  304,  sent  down  an  overture  to  the  Presbyte- 
ries to  change  the  section,  and  added  in  a  note,  "  Under  this  section  it  has  been  doubted 
whether  the  members  can  proceed  to  business  as  a  Synod,  unless  there  are  present 
several  Presbyteries,  i.  e.,  at  least  three  ministers  from  one  of  the  existing  Presbyteries 
and  three  from  another.  The  amendment  therefore  goes  to  make  a  Synod  consist  not 
of  Presbyteries,  but,  as  it  ought,  of  bishops  and  elders."  The  amendment  was 
adopted.— 1805,  p.  333. 

1.  Mode  in  which  a  Synod  may  become  a  delegated  body. 

Should  any  Synod  vote  to  become  a  delegated  body,  its  decision  shall 
be  sul)mitted  to  its  Presbyteries,  and  shall  take  effect  when  ratified  by  a 
majority  thereof.  This  result  shall  be  ascertained  at  a  subsequent  meet- 
ing of  the  Synod ;  or,  if  the  Synod  so  provide,  the  result  shall  be 
certified  to  the  Moderator  and  Clerks  of  the  Synod,  and  by  them  be 
communicated  to  the  several  Presbyteries  as  a  basis  for  electing  delegates 
to  the  ensuing  or  second  meeting. — 1882,  p.  97. 

2.  Synod  may  not  refuse  to  receive  the  members  of  its  Presbyteries, 

nor  order  their  names  to  be  erased. 

[Note. — See  under  Book  of  Discipline,  Chap,  ix,  Sec.  Ixxii.  Exceptions  to  records 
■of  Synods  of  Michigan  and  Indiana.    Unconstitutional  action.] 

3.  The  Synods  as  constituted  in  1870. 

The  order  of  the  day,  viz.,  the  Enabling  Act,  was  then  taken  from 
the  docket,  amended,  and  passed  as  follows: 

Resolved,  That,  in  order  to  carry  into  full  effect  the  plan  of  Reunion, 
the  fifty- one  Synods,  into  which  the  Presbyteries  of  this  Church  are  now 
distributed,  be  and  they  are  hereby  so  arranged  as  to  make  but  thirty- 
four  Synods,  to  be  constituted  as  follows: — 1870,  p.  91. 

[Note. — For  the  history  of  the  organization  of  Synods  prior  to  1869,  see  Baird's 
Digest,  revised  ed.,  1858,  pp.  264-275,  and  Moore's  new  Digest,  1861,  pp.  142-154. 

For  bounds  and  constituency  of  the  Synods  constituted  in  1870,  see  IMoore's  Digest, 
1886,  pp.  182-187,  and  Minutes  1870,  pp.  91-97.  For  changes  in  the  boundaries  of  these 
Synods  by  transfers  or  assignments  of  Presbyteries  or  churches,  see  Digest,  as  above, 
pp.  187,  188.] 

4.  Churches  of  Presbyteries  beyond  the  bounds  of  the  United  States. 
Resolved,  That  the  churches  connected  with  any  of  the  Presbyteries  of 
this  Church  that  are  located  beyond  the  bounds  of  the  United  States  be, 


230  FORM  OF  GOVERNMENT,  CHAP.  XI. 

and  they  hereby  are,  attached  to  the  Presbytery  and  Synod   as  newly 
arranged  to  which  they  are  next  adjacent. — 1870,  p.  127. 

5.  Synods  organized  between  1870  and  1881. 

(i)    The  Synod  of  Colorado. 

The  Synod  of  Colorado  is  hereby  constituted ;  to  consist  of  the  minis- 
ters and  churches  in  the  Presbyteries  of  Colorado,  Santa  Fe  and  Wyo- 
ming ;  and  that  said  Synod  meet  at  Pueblo,  Colo. ,  on  the  fourth  day  of 
September,  1871,  at  11  o'clock  A.M — 1871,  p.  547. 

[Note.— Divided,  1883,  p.  G30.    See  under  (G)  below.  Synod  of  Utah.] 

[2]    The  Synod  of  Nebraska. 

Overtures  from  the  Presbyteries  of  Omaha,  Nebraska  City  and  Kear- 
ney, praying  to  be  constituted  a  Synod  to  be  called  **  The  Synod  of 
Nebraska."  The  Committee  recommend  that  their  petition  be  granted, 
and  that  the  time  of  the  first  meeting  of  the  Synod  be  the  first  Thursday 
in  October  next,  at  7  o'clock  P.M.,  in  the  First  Presbyterian  Church  of 
Nebraska  City;  that  the  Rev.  Nahum  Gould  preach  the  sermon,  and 
preside  at  the  organization  of  the  Synod  until  a  Moderator  be  chosen;  or, 
in  case  of  his  absence  or  inability  to  act,  the  oldest  minister  present. 
Adopted.— 1874,  p.  82. 

(S)   The  Synod  of  the  Columbia  [^aow  Oregoti] . 

Overture  from  the  Presbytery  of  Oregon,  asking  the  General  Assem- 
bly to  erect  a  Synod  on  the  territory  now  embraced  within  the  bounds  of 
said  Presbytery,  as  herein  described,  under  the  name  of  "  The  Synod  of 
the  Columbia, ' '  with  the  following  Presbyteries,  viz. : 

1.  The  Presbytery  of  Oregon,  which  shall  be  defined  as  within  that 
part  of  the  State  of  Oregon  situated  between  the  Columbia  river  on  the 
north,  and  a  line  beginning  at  the  southwest  corner  of  Benton  county, 
and  running  along  the  south  line  of  said  county  to  the  southeast  corner, 
1  hence  along  the  east  line  to  the  southwest  corner  of  Linn  county,  thence 
along  the  south  line  of  said  county  to  the  summit  of  the  Cascade  Moun- 
tains, also  the  counties  of  Wasco,  Umatella,  Union,  Grant  and  Baker, 
in  eastern  Oregon,  together  with  the  Territory  of  Idaho;  and  to  consist 
of  the  following  churches,  served  by  seven  ministers :  Portland,  Browns- 
ville, Bethany,  Tualitin  Plains,  Corvallis,  Salem,  Pleasant  Grove, 
Albany,  Eagle  Park,  Kamia,  Lapwai,  Astoria,  Clatsop  and  Lewiston; 
said  Presbytery  to  convene  at  Salem,  Tuesday,  October  17,  1876,  at  7.30 
P.M.,  in  the  First  Presbyterian  Church,  and  be  opened  with  a  sermon 
by  Rev.  Aaron  L.  Lindsley,  D.  D. ,  or,  in  his  absence,  by  the  oldest  min- 
ister present,  who  shall  preside  until  a  Moderator  be  chosen. 

2.  The  Presbytery  of  Puget  Sound,  to  be  reorganized  under  the  same 
name,  and  entitled  to  the  books,  papers,  and  other  immunities  which 
belonged  to  the  old  Presbytery  of  Puget  Sound,  now  in  the  care  of  Rev. 
George  F.  Whitworth;  this  Presbytery  to  include  all  the  Territory  of 
Washington,  and  to  consist  of  the  following  churches,  served  by  nine 
ministers:  Olympia,  AVhite  River,  Seattle,  Port  Townsend,  Puyallop 
Mission,  San  Juan  Islands,  Steilacoom,  Tumwater,  Puyallop,  Spokane 
Falls,  and  Snohomish  City;  said  Presbytery  to  convene  at  Olympia,  in 
the  First  Presbyterian  Church,  on  Tuesday,  October  17,  1876,  at  7.30 
P.  M. ,  and  to  be  opened  with  a  sermon  by  the  Rev.  George  F.  Whit- 


OF    THE    SYNOD.  231 

worth,  or,  in  his  absence,  by  the  oldest  minister  present,  who  shall  preside 
until  a  Moderator  be  chosen. 

3.  The  Presbytery  of  South  Oregon,  to  be  constituted  and  include  all  of 
the  rest  of  the  State  of  Oregon  not  heretofore  described;  and  to  consist 
of  the  following  churches,  served  by  seven  ministers:  Eugene  City, 
Empire  City,  Roseburgh,  Jacksonville,  Marshfield,  Phoenix,  and  Ash- 
land; said  Presbytery  to  convene  Tuesday,  October  17,  1876,  at  7.30 
P.M.,  in  the  First  Presbyterian  Church  of  Eugene  City,  and  to  be 
opened  with  a  sermon  by  the  Rev.  M.  Allen  Williams,  or,  in  his  absence, 
by  the  oldest  minister  present,  Avho  shall  preside  until  a  Moderator  be 
chosen. 

The  first  meeting  of  the  Synod  of  the  Columbia  shall  be  convened  to 
meet  Thursday,  October  19,  1876,  at  7.30  P.M.,  in  the  First  Presby- 
terian Church  of  Portland,  and  be  opened  with  a  sermon  by  the  Rev. 
Edward  R.  Geary,  D  D. ,  or,  in  his  absence,  by  the  oldest  minister 
present.     Adopted. — 1876,  p.  75. 

(4)   Change  of  name,  Columbia  to  Oregon. 

Be  it  Enacted,  That  the  Synod  of  the  Columbia  shall  hereafter  be 
known  as  the  Synod  of  Oregon,  and  shall  include  all  Presbyteries  within 
the  State  of  Oregon,  and  the  Synod  of  Oregon  is  hereby  declared  to  be 
the  legal  successor  of  the  said  Synod  of  the  Columbia. — 1891,  p.  187. 

(5)    The  Synod  of  Texas. 

Overture,  being  a  request  from  the  Synod  of  Kansas  that  the  three 
Presbyteries  of  Austin,  North  Texas  and  Trinity,  into  which  the  Pres- 
bytery of  Austin  has  been  divided,  be  organized  as  a  Synod.  The 
Committee  recommend  that  the  request  be  granted;  that  the  new  Synod 
be  known  as  the  Synod  of  Texas;  and  that  their  first  meeting  be  held 
in  the  First  Presbyterian  Church  of  Austin,  on  the  second  Thursday  of 
October,  1878,  at  7.30  o'clock  P.M.,  and  be  opened  with  a  sermon  by 
the  Rev.  William  G.  Bell,  or  in  his  absence  by  the  oldest  minister 
present,  who  shall  preside  until  a  Moderator  be  chosen.  Adopted.— ^ 
1878,  p.  57. 

(6')   The  Synods  of  Colorado  and  Utah. 

The  Standing  Committee  on  the  Polity  of  the  Church  presented 

Overtures,  being  overtures  from  the  Presbytery  of  Denver  and  from 
the  Synod  of  Colorado,  asking  for  the  division  of  the  Synod  of  Colorado. 

Your  Committee  recommend  that,  as  the  proposed  division  seems  to  be 
expedient  for  important  geographical  and  other  reasons,  and  is  unani- 
mously agreed  to  by  all  the  parties  concerned,  therefore. 

Resolved,  That  the  request  be  granted,  in  form  as  desired,  viz. : 

1.  Out  of  the  Presbyteries  of  Denver,  Pueblo  and  Santa  Fe  to  con- 
struct a  new  Synod,  to  be  called  The  Synod  of  Colorado,  and  to  be  the 
legal  successor  in  all  respects  of  the  present  Synod  of  Colorado. 

2.  Out  of  the  Presbyteries  of  Utah,  Montana  and  Wood  River  (re- 
cently formed)  to  erect  a  new  Synod,  to  be  known  as  The  Synod  of 
Utah. 

3.  To  authorize  the  new  Synod  of  Colorado  to  meet  on  Wednesday, 
October  10,  1883,  at  7.30  P.M.,  at  Del  Norte,  Colo.,  and  to  appoint  the 
Rev.  John  W.  Partridge  to  open  the  Synod  with  a  sermon,  and  preside 
until  it  shall  be  formally  organized  by  the  election  of  officers. 


232  FORM  OF  GOVERNMENT,  CHAP.  XI. 

4.  To  authorize  the  new  Synod  of  Utah  to  meet  at  Salt  Lake  City, 
Utah,  on  Tuesday,  August  22,  1883,  at  7.30  P.M.,  and  to  appoint  the 
Rev.  Calvin  M.  Parks  to  open  the  Synod  with  a  sermon,  and  preside  until 
it  shall  be  formally  organized  by  the  election  of  officers. 

5.  To  transfer  from  the  Synod  of  Columbia  and  the  Presbytery  of 
Idaho  to  the  Synod  of  Utah  and  Presbytery  of  Wood  River  so  much  of 
the  Territory  of  Idaho  as  lies  east  and  south  of  the  southern  boundary 
of  Idaho  county,  Idaho  Territory.     Adopted — 1883,  p.  630. 

(7)    The  Synod  of  Dakota  [now  South  Dakota"]. 

The  Standing  Committee  on  the  Polity  of  the  Church  reported 
Overture  from  the  Synod    of  Minnesota,    asking  that  certain  of  its 
Presbyteries  be  set  off  and  erected  into  a  new  Synod;  also,  on  the  same 
subject,  from  the  Presbytery  of  Southern  Dakota. 

The  Conunittee  recommends  that  these  requests  be  complied  with,  and 
that  the  Synod  of  Dakota  be  hereby  constituted,  to  include  all  that  part 
of  the  Territory  of  Dakota  lying  south  of  the  46th  parallel  of  north 
latitude,  and  to  consist  of  the  Presbyteries  of  Aberdeen,  Central  Dakota, 
Dakota  (including  all  the  ministers  and  churches  among  the  Dakota 
Indians)  and  Southern  Dakota,  now  in  connection  with  the  Synod  of 
Minnesota;  and  that  the  said  Synod  of  Dakota  convene  at  Huron,  on 
Thursday,  the  ninth  day  of  October  next,  at  half- past  seven  o'clock 
P.M.,  and  be  opened  with  a  sermon  by  the  Rev.  Walter  S.  Peterson, 
or,  in  case  of  his  absence,  by  the  senior  minister  present,  who  shall 
preside  until  a  Moderator  be  chosen.     Adopted. — 1884,  pp.  74,  75. 

(8)  Name  changed,  Dakota  to  Soxdh  Dakota. 

The  Committee  on  Bills  and  Overtures  reported  overture  from  the  Synod 
of  North  Dakota,  asking  the  Assembly  to  change  the  name  of  the 
"  Synod  of  Dakota  "  to  the  "  Synod  of  South  Dakota." 

In  view  of  the  representations  made  in  behalf  of  both  Synods,  and 
inasmuch  as  no  objection  has  been  presented  by  the  Synod  of  Dakota,  it 
is  recommended  that  the  request  be  granted,  and  that  the  Synod  of 
Dakota  be  styled  hereafter  the  Synod  of  South  Dakota.  Adopted. — 
1888,  p.  71. 

{9)    The  Synod  of  North  Dakota. 

Overtures  and  papers  requesting  the  erection  of  a  Synod  of  North 
Dakota,  and  showing  the  assent  thereto  of  all  the  pai'ties  interested. 
We  therefore  recommend  that  the  request  be  granted  by  the  adoption 
of  the  following: 

The  vSynod  of  North  Dakota  is  hereby  constituted  to  consist  of  the 
Presbyteries  of  Pembina,  Northern  Pacific  and  Bismarck,  as  these  Presby- 
teries are  bounded  by  the  following  constituting  act  of  the  Synod  of 
Minnesota  at  its  sessions  in  Rochester,  Minn.,  October  11,  1884: 

1  All  that  part  of  Dakota  Territory  lying  between  Montana  on  the 
west,  the  provinces  of  Canada  on  the  north.  Red  river  on  the  east,  and 
the  north  line  of  Traill,  Steel  and  Griggs  counties,  due  west  to  the 
Missouri  river,  and  thence  along  its  course  to  the  Montana  border,  to 
be  known  as  the  Presbytery  of  Pembina. 

2.  All  that  part  of  the  Territory  south  of  this  to  the  46th  parallel, 
west  to  tlie  east  line  of  Emmons,  Burleigh  and  Sheridan  counties  (except 


OF   THE   SYNOD.  233 

T.  139,  R.  73,  in  Kidder  county),  to  be  known  as  the  Northern  Pacific 
Presbytery. 

3.  All  the  remaining  part  of  the  Territory  (including  T.  139,  R.  73, 
in  Kidder  county)  to  be  formed  into  the  Presbytery  of  Bismarck. 

The  Synod  of  North  Dakota,  thus  erected,  shall  meet  at  Fargo, 
Dak.,  on  the  second  Thursday  of  October,  1885,  at  7.30  o'clock  P.M. ; 
and  the  Rev.  Francis  M.  Wood,  or,  in  his  absence,  the  oldest  minister 
present,  shall  preach  the  opening  sermon,  and  preside  until  a  Moderator 
is  chosen.     Adopted. — 1885,  p.  605. 

[Note. — See  for  boundary  lines  under  Synod  of  South  Dakota,  below.] 

(10)  Bounds  of  the  Synods  of  South  and  North  Dakota. 

Overture,  on  a  change  of  boundary  lines,  from  the  Synod  of  North 
Dakota.     It  is  recommended  that  the  following  action  be  taken : 

Be  it  Enacted,  by  the  General  Assembly,  this  twenty-third  day  of 
May,  1895,  that  the  north  line  of  the  South  Dakota  Synod  and  the 
south  line  of  the  North  Dakota  Synod  shall  be  the  seventh  standard 
parallel,  so  making  the  lines  of  these  two  Synods  coterminous  with  the 
lines  of  the  States  within  which  they  are  located.  Adopted. — 1895, 
p.  79. 

(11)   The  Synod  of  Catawba. 

There  has  also  been  referred  to  your  Committee  an  overture  from  the 
Synod  of  Atlantic,  requesting  the  Assembly  to  divide  this  Synod  into 
two  Synods,  making  the  boundary  line  between  the  States  of  North  and 
South  Carolina  the  Southern  boundary  of  the  new  Synod,  with  the 
following  result:  Within  the  new  Synod,  three  Presbyteries  (Cape  Fear, 
Catawba  and  Yadkin),  fifty-four  ministers,  eighty-nine  churches  and 
5490  church  members;  within  the  at  present  existing  Synod,  six  Presby- 
teries, sixty-eight  ministers,  114  churches  and  7719  church  members. 
Your  Committee  recommend  that  this  request  be  granted,  and  that,  in 
accordance  with  the  request  of  the  Synod  of  Atlantic,  the  new  Synod  be 
called  the  Synod  of  Catawba,  the  old  Synod  retaining  its  original  name. 
It  is  also  directed  that  the  Synod  of  Catawba  meet  at  Charlotte,  N.  C. , 
on  the  first  Wednesday  of  November,  at  7.30  P.M.,  for  organization 
and  the  transaction  of  whatever  business  may  come  before  it,  and  that 
the  Rev.  SteDhen  Mattoou,  D.D.,  or,  in  his  absence,  the  oldest  member 
of  the  new  Synod  present,  preach  the  opening  sermon  and  preside  until 
a  Moderator  is  elected.     Adopted. — 1887,  p.  107. 

[12)    The  Synod  of  the  Indian  Territory. 

The  Standing  Committee  on  the  Polity  of  the  Church  reported: 
There  have  been  referred  to  your  Committee  two  overtures,  the  one 
from  the  Synod  of  Kansas,  and  the  other  from  the  Presbytery  of  the 
Cherokee  Nation,  both  requesting  the  formation  of  a  new  Synod,  to  be 
called  the  Synod  of  the  Indian  Territory. 

At  its  late  session  at  Emporia,  held  October  8,  1886,  the  Synod  of 
Kansas  divided  the  Presbytery  of  Indian  Territory  into  three  Presby- 
teries, to  be  called  the  Presbytery  of  the  Cherokee  Nation,  the  Presby- 
tery of  Choctaw,  and  the  Presbytery  of  Muscogee.  It  also  requested 
the  General  Assembly  at  its  present  session  to  form  these  Presbyteries 
into  a  new  Synod.  ' 


234  FORM  OF  GOVERNMENT,  CHAP.  XI. 

Your  Committee  therefore  recommends  that  these  three  Presbyteries  be 
constituted  a  Synod,  to  be  called  the  Synod  of  the  Indian  Territory; 
that  the  new  Synod  hold  its  first  meeting  at  Vinita,  I.  T.,  on  the  7lh 
day  of  September,  1887,  at  11  o'clock  A.M.;  and  that  the  Rev.  Robert 
M.  Loughridge,  D.D.,  or,  in  his  absence,  the  oldest  minister  of  these 
Presbyteries  present,  preach  the  opening  sermon,  and  preside  until  a 
Moderator  is  elected. 

The  report  was  adopted. — 1887,  p.  69. 

(13)   The  Synod  of  New  Mexico. 

Overture  from  the  Synod  of  Colorado,  asking  the  Assembly  to  erect  a 
new  Synod  out  of  the  Synod  of  Colorado,  to  be  composed  of  the  Pres- 
byteries of  Arizona,  Rio  Grande  and  Santa  Fe,  to  be  known  as  the 
Synod  of  New  Mexico,  and  to  include  the  Territories  of  New  Mexico, 
Arizona,  etc. 

The  Committee  recommend  that  the  request  be  granted;  and  that  this 
new  Synod  be  known  as  the  Synod  of  New  Mexico,  and  hold  its  first 
meeting  at  Albuquerque,  N.  M.,  on  the  second  Tuesday  of  October, 
1889,  at  such  hour  as  maybe  most  convenient;  and  that  the  Rev.  G.  W. 
Riggle,  or,  in  case  of  his  absence  or  inability  to  act,  the  oldest  minister 
present,  be  appointed  to  open  the  meeting  with  a  sermon  and  preside 
until  a  Moderator  be  chosen. — 1889,  p.  102. 

{IJf)   The  Synod  of  Washington. 

Overtures  from  the  Presbytery  of  Olympia  and  from  the  Presbytery 
of  Puget  Sound,  asking  for  the  erection  of  the  Synod  of  Washington. 

Ansiver.  We  recommend  that  the  General  Assembly  erect  a  Synod  to 
be  called  the  Synod  of  Washington,  which  Synod  shall  be  composed  of 
the  four  Presbyteries  of  Puget  Sound,  Idaho,  Alaska  and  Olympia.  The 
said  Synod  of  Washington  shall  meet  in  the  First  Presbyterian  Church 
of  Tacoma,  in  the  State  of  Washington,  October  9,  1890,  at  7.30 
o'clock  P.M.,  and  be  opened  with  a  sermon  by  the  Rev.  J.  R.  Thomp- 
son, D.  D. ,  or,  in  his  absence,  by  the  minister  present  who  has  been 
longest  within  the  bounds  of  the  new  Synod.  We  also  recommend  that 
the  Church  of  Sumner  remain  in  connection  with  the  Presbytery  of 
Puget  Sound. —1890,  p.  37. 

(15)    The  Synod j)f  Montana. 

Overtures  from  the  Synod  of  Utah,  and  overture  from  the  Presbytery 
of  Montana,  requesting  that  the  boundaries  of  the  Synod  of  Utah  be 
changed,  and  the  Synod  of  Montana  be  created.  We  recommend  that 
the  request  be  granted,  and  to  this  end  recommend  tlie  following  action: 

1.  Be  it  Enacted,  by  the  General  Assembly,  that  the  boundaries  of 
the  Synod  of  Utah  be,  and  hereby  are,  changed  so  that  it  shall  be  com- 
posed hereafter  of  the  ministers  and  churches  in  the  Presbyteries  of  Utah, 
Boisd  and  Kendall.  The  Rev.  R.  G.  McNiece,  D.D.,  is  hereby  ap- 
pointed Moderator  (or,  in  case  of  his  absence  or  inability  to  act,  the  old- 
est minister  in  commission)  to  convene  the  Synod,  preach  the  opening 
sermon  and  preside  until  the  Synod  shall  be  regularly  organized. 
Adopted. 

2.  Be  it  Enacted,  by  the  General  Assembly,  that  the  Presb}'tery  of 
Butte  be,  and  hereby  is,  erected,  to  consist  of  Ministers  Adam  Johnson, 


OF   THE   SYNOD.  235 

J.  I.  Campbell,  James  R.  Russell,  Eiko  J.  Groeneveld,  Albert  R. 
Crawford,  James  Reid,  C.  Howard  Grube,  J.  W.  Millar,  William  Clyde, 
I.  N.  Roberts  and  A.  C.  McMillan,  with  the  churches  in  the  counties 
of  Missoula,  Ravalli,  Granite,  Deer  Lodge,  Silver  Bow  and  Beaver 
Head,  Montana.  The  Rev.  Eiko  J.  Groeneveld  is  hereby  appointed 
Moderator  (or,  in  case  of  his  absence  or  inability  to  act,  the  oldest 
minister  in  commission)  to  convene  the  Presbytery,  preach  the  opening 
sermon  and  preside  until  the  Presbytery  shall  be  regularly  organized. 
Adopted. 

3.  Be  it  Enacted,  by  the  General  Assembly,  that  the  Presbytery  of 
Helena  be,  and  hereby  is,  erected,  to  consist  of  Ministers  Dirk  E.  Den- 
ninck,  William  B.  Reed,  Lyman  E.  Hanna,  Andrew  Wormser,  Thomas 
A.  Wickes,  Thomas  V.  Moore,  John  Dunlap,  John  F.  Lynn,  Davis  Will- 
son,  R.  M.  Donaldson  and  Joseph  W.  Sanderson,  with  the  churches  in 
the  counties  of  Lewis  and  Clarke,  Jefferson,  Madison,  Gallatin,  Park, 
Yellowstone  and  Custer,  Montana.  The  Rev.  Thomas  V.  Moore  is 
hereby  appointed  Moderator  (or,  in  case  of  his  absence  or  inability  to 
act,  the  oldest  minister  in  commission)  to  convene  the  Presbytery,  preach 
the  opening  sermon  and  preside  until  the  Presbytery  be  regularly 
organized.     Adopted. 

4.  Be  it  Enacted,  by  the  General  Assembly,  that  the  Pi-esbytery  of 
Great  Falls  be,  and  hereby  is,  erected,  to  consist  of  Ministers  John  Reid, 
Jr.,  George  McVey  Fisher,  Edwin  M.  Ellis,  John  C.  Lenhart,  George 
Edwards,  J.  C.  Wiggins  and  David  Walker,  with  the  churches  in  the 
counties  of  Flathead,  Teton,  Cascade,  Fergus,  Meagher,  Valley  and 
Dawson,  Montana.  The  Rev.  George  McVey  Fisher  is  hereby  appointed 
Moderator  (or,  in  case  of  his  absence  or  inability  to  act,  the  oldest 
minister  in  commission)  to  convene  the  Presbytery,  preach  the  opening 
sermon  and  preside  until  the  Presbytery  shall  be  regularly  organized. 
Adopted. 

5.  Be  it  Enacted,  by  the  General  Assembly,  that  the  Presbytery  of 
Butte  be,  and  hereby  is,  constituted  the  legal  successor  of  the  Presby- 
tery of  Montana,  and  all  records  belonging  to  the  Presbytery  of  Montana 
shall  be  turned  over  to  the  Stated  Clerk  of  the  said  Presbytery  of 
Butte.     Adopted. 

6.  Be  it  Exacted,  by  the  General  Assembly,  that  the  Synod  of  Mon- 
tana be,  and  hereby  is,  erected,  its  boundaries  to  be  coterminous  with 
the  boundaries  of  the  State  of  Montana,  said  Synod  to  be  composed  of 
the  Presbyteries  of  Butte,  Helena  and  Great  Falls  (or  such  names  as 
may  be  selected  by  these  Presbyteries  at  their  organization).  The  Rev. 
Andrew  Wormser  is  hereby  appointed  Moderator  (or,  in  case  of  his 
absence  or  inability  to  act,  the  oldest  minister  in  commission)  to  convene 
the  Synod,  preach  the  opening  sermon  and  preside  until  the  Synod  shall 
be  regularly  organized.     Adopted. — 1893,  pp.  130,  131. 

{16)  Name  of  the  Synod  of  the  Pacific  changed  to  California. 

Overture  from  the  Synod  of  the  Pacific,  desiring  that  its  name  be 
changed  to  the  Synod  of  California. 

The  Committee  would  recommend  that  the  request  be  granted,  and 
proposes  the  following  act  for  adoption  by  the  General  Assembly : 

Be  it  Enacted,  That  the  Synod  of  the  Pacific  shall  hereafter  be  known 
as  the  Synod  of  California,  and  shall  include  all  Presbyteries  now  included 
within  the  bounds  of  the  said  Synod  of  the  Pacific;  and  that  the  Synod 


236  FORM  OF  GOVERNMENT,  CHAP.  XI, 

of  California  is  hereby  declared  to  be  the  legal  successor  of  the  said 
Synod  of  the  Pacific— 1892,  p.  189. 

6.  The  Synods  as  reorganized  in  1881. 

[Note. — A  Committee  was  appointeil  by  the  Assembly  of  1879  (Minutes,  p.  614)  to 
report  on  the  propriety  of  proposed  changes  looking  toward  the  reorganization  of  the 
8ynodsof  the  Church.  Tliis  Committee  was  continued,  and  reported  to  the  Assembly 
in  1881  ;  Minutes,  pp.  559-562.] 

a.  Recommendaiions  adopted. 

1.  That  the  Synods  of  Albany,  Central  New  York,  Geneva,  Long 
Island,  New  York  and  Western  New  York  be  consolidated,  and  together 
constitute  the  Synod  of  New  York ;  said  Synod  to  comprise  within  its 
bounds  the  State  of  New  York,  together  with  our  ministers  and  churches 
in  the  New  England  States,  and  those  under  the  care  of  the  foreign 
missionary  Presbyteries  of  Oroomiah  and  Siam. 

2.  That  the  Synods  of  Erie,  Harrisburg,  Philadelphia  and  Pittsburgh 
be  consolidated,  and  together  constitute  the  Synod  of  Pennsylvania;  said 
Synod  to  comprise  within  its  bounds  the  State  of  Pennsylvania,  together 
with  our  ministers  and  churches  within  the  bounds  of  the  State  of 
AVest  Virginia,  and  those  under  the  care  of  the  foreign  missionary 
Presbytery  of  AVestern  Africa. 

3.  That  the  Synods  of  Cincinnati,  Cleveland,  Columbus  and  Toledo 
be  consolidated,  and  together  constitute  the  Synod  of  Ohio;  said  Synod 
to  have  its  bounds  coterminous  with  the  State  of  Ohio. 

4.  That  the  Synods  of  Illinois  Central,  Illinois  North  and  Illinois 
South  be  consolidated,  and  together  constitute  the  Synod  of  Illinois; 
said  Synod  to  have  its  bounds  coterminous  with  the  State  of  Illinois. 

5.  That  the  Synods  of  Indiana  North  and  Indiana  South  be  consoli- 
dated, and  together  constitute  the  Synod  of  Indiana;  said  Synod  to  have 
its  bounds  coterminous  with  the  State  of  Indiana. 

6.  That  the  Synods  of  Iowa  North  and  Iowa  South  be  consolidated, 
and  together  constitute  the  Synod  of  Iowa;  said  Synod  to  have  its 
bounds  coterminous  with  the  State  of  Iowa. 

The  Committee  would  also  recommend  that  the  Presbyteries  in  connec- 
tion with  the  Synods  thus  consolidated  be  advised,  at  their  sessions  next 
preceding  the  meeting  of  the  new  Synod  to  which  they  will  belong,  to 
adj(jurn  to  meet  during  the  sessions  of  said  Synod. 

The  Committee  would  also  respectfully  add,  that  they  have  prepared  a 
draft  of  an  enabling  act,  which  they  append  to  this  report,  awaiting 
the  pleasure  of  the  Assembly. 

b.    The  enabling  act. 

Resolved,  That,  in  order  to  carry  into  full  effect  the  plan  for  the  recon- 
struction of  certain  Synods,  adopted  by  this  Assembly,  the  following 
action  be  now  taken: 

1.  The  Synods  of  Albany,'  Central  New  York,  Geneva,  Long  Island, 
New  York  and  Western  New  York  are  hereby  consolidated,  and  consti- 
tuted into  the  Synod  of  New  York;  which  Synod  shall  include  all  the 
Presbyteries  within  the  State  of  New  York,  and  within  New  England, 
together  with  the  foreign  Presbyteries  of  Oroomiah  and  Siam,  and  all 
the  churches  and  ministers  under  the  care  of  said  Presbyteries;  and  the 
Synod  of  New  York,  as  thus  constituted,  is  hereby  declared  to  be  the 
legal  successor  of  the  Synods  of  Albany,  Central  New  York,  Geneva, 


OF    THE   SYNOD.  237 

Long  Island,  New  York  and  Western  New  York,  and,  as  such,  entitled 
to  the  possession  and  enjoyment  of  all  the  rights  and  franchises,  and 
liable  to  the  performance  of  all  the  duties,  of  those  Synods. 

The  Synod  of  New  York,  as  thus  constituted,  shall  meet  on  the  third 
Tuesday  of  October,  A.D.  1882,  at  half-past  seven  o'clock  P.M.,  in  the 
First  Church  of  Utica,  N.  Y. ,  and  shall  be  opened  with  a  sermon  by 
the  Rev.  Henry  A.  Nelson  (or,  in  his  absence,  by  the  Rev.  David  R. 
Frazer),  who  shall  preside  until  a  Moderator  be  elected.  This  resolution 
and  action  shall  take  effect  on  the  second  day  of  January,  in  the  year  of 
our  Lord  1882. 

2.  The  Synods  of  Erie,  Harrisburg,  Philadelphia  and  Pittsburgh  are 
hereby  consolidated,  and  constituted  into  the  Synod  of  Pennsylvania; 
which  Synod  shall  include  all  the  Presbyteries  within  the  State  of  Penn- 
sylvania, together  with  those  within  the  State  of  West  Virginia,  and  the 
foreign  Presbytery  of  Western  Africa,  and  all  the  ministers  and  churches 
under  the  care  of  said  Presbyteries;  and  the  Synod  of  Pennsylvania,  as 
thus  constituted,  is  hereby  declared  to  be  the  legal  successor  of  the  Synods 
of  Erie,  Harrisburg,  Philadelphia  and  Pittsburgh,  and,  as  such,  entitled 
to  the  possession  and  enjoyment  of  all  the  rights  and  franchises,  and 
liable  to  the  performance  of  all  the  duties,  of  those  Synods. 

The  Synod  of  Pennsylvania,  as  thus  constituted,  shall  meet  on  the 
third  Thursday  of  October,  A.D.  1882,  in  the  Market  Square  Church 
of  Harrisburg,  Pa.,  at  three  o'clock  P.M.,  and  shall  be  opened  with  a 
sermon  by  the  Rev.  Henry  S.  Butler  (or,  in  his  absence,  by  the  Rev. 
Wallace  Radcliffe),  who  shall  preside  until  a  Moderator  be  elected.  This 
resolution  and  action  shall  take  effect  on  the  second  day  of  January,  in 
the  year  of  our  Lord  1882. 

3.  The  Synods  of  Cincinnati,  Cleveland,  Columbus  and  Toledo  are 
hereby  consolidated,  and  constituted  into  the  Synod  of  Ohio;  which 
Synod  shall  include  all  the  Presbyteries  within  the  State  of  Ohio,  and 
all  the  ministers  and  churches  under  the  care  of  said  Presbyteries;  and 
the  Synod  of  Ohio,  as  thus  constituted,  is  hereby  declared  to  be  the  legal 
successor  of  the  Synods  of  Cincinnati,  Cleveland,  Columbus  and  Toledo, 
and,  as  such,  entitled  to  the  possession  and  enjoyment  of  all  the  rights 
and  franchises,  and  liable  to  the  performance  of  all  the  duties,  of  those 
Synods. 

The  Synod  of  Ohio,  as  thus  constituted,  shall  meet  on  the  second 
Monday  of  October,  A.D.  1882,  at  half -past  seven  o'clock  P.M.,  in 
the  Second  Presbyterian  Church  of  Columbus,  Ohio,  and  be  opened  with 
a  sermon  by  the  Rev.  Charles  C.  Beatty  (or,  in  his  absence,  by  the 
Rev.  E.  Perkins  Pratt),  who  shall  preside  until  a  Moderator  be  elected. 
This  resolution  and  action  shall  take  effect  on  the  second  day  of  January, 
in  the  year  of  our  Lord  1882. 

4.  The  Synods  of  Indiana  North  and  Indiana  South  are  hereby  con- 
solidated, and  constituted  into  the  Synod  of  Indiana;  which  Synod  shall 
include  all  the  Presbyteries  within  the  State  of  Indiana,  and  all  the 
ministers  and  churches  under  the  care  of  said  Presbyteries;  and  the 
Synod  of  Indiana,  as  thus  constituted,  is  hereby  declared  to  be  the  legal 
successor  of  the  Synods  of  Indiana  North  and  Indiana  South,  and,  as 
such,  entitled  to  the  possession  of  all  the  rights  and  franchises,  and  liable 
to  the  performance  of  all  the  duties,  of  those  Synods. 

The  Synod  of  Indiana,  as  thus  constituted,  shall  meet  on  the  second 
Thursday  of  October,  A.D.  1882,  at  half-past  seven  o'clock  P.M.,  in 


238  FORM    OP    GOVERNMENT,    CHAP.    XI. 

the  vSeoond  Presbyterian  Church  of  Indianapolis,  Ind. ,  and  shall  be 
opened  with  a  sermon  by  Rev.  Joseph  F.  Tuttle  (or,  in  his  absence,  by 
the  Rev.  Daniel  W.  Fisher),  who  shall  preside  until  a  Moderator  be 
elected.  This  resolution  and  action  shall  take  effect  on  the  second  day 
of  January,  in  the  year  of  our  Lord  1882. 

5.  The  Synods  of  Illinois  Central,  Illinois  North  and  Illinois  South 
are  hereby  consolidated,  and  constituted  into  the  Synod  of  Illinois; 
which  Synod  shall  include  all  the  Presbyteries  within  the  State  of  Illinois, 
and  all  the  ministers  and  churches  under  the  care  of  said  Presbyteries; 
and  the  Synod  of  Illinois,  as  thus  constituted,  is  hereby  declared  to  be 
the  legal  successor  of  the  Synods  of  Illinois  Central,  Illinois  North  and 
Illinois  South,  and,  as  such,  entitled  to  the  possession  and  enjoyment  of 
all  the  rights  and  franchises,  and  liable  to  the  performance  of  all  the 
duties,  of  those  Synods. 

The  Synod  of  Illinois,  as  thus  constituted,  shall  meet  on  the  third 
Tuesday  of  October,  A.D.  1882,  at  half-past  seven  P.M.,  in  the  Second 
Presbyterian  Church  of  Springfield,  111.,  and  shall  be  opened  with  a 
sermon  by  the  Rev.  Robert  W.  Patterson  (or,  in  his  absence,  by  the 
Rev.  Thomas  W.  Hynes),  who  shall  preside  until  a  Moderator  be  elected. 
This  resolution  and  action  shall  take  effect  on  the  second  day  of  January, 
in  the  year  of  our  Lord  1882. 

6.  The  Synods  of  Iowa  North  and  Iowa  South  are  hereby  consolidated, 
and  constituted  into  the  Synod  of  Iowa;  which  Synod  shall  include  all 
the  Presbyteries  within  the  State  of  Iowa,  and  all  the  ministers  and 
churches  under  the  care  of  said  Presbyteries;  and  the  Synod  of  Iowa,  as 
thus  constituted,  is  hereby  declared  to  be  the  legal  successor  of  the 
Synods  of  Iowa  North  and  Iowa  South,  and,  as  such,  entitled  to  the 
possession  and  enjoyment  of  all  the  rights  and  franchises,  and  liable  to 
the  performance  of  all  the  duties,  of  those  Synods. 

The  Synod  of  Iowa,  as  thus  constituted,  shall  meet  on  the  third 
Thursday  of  October,  A.D.  1882,  at  half-past  seven  o'clock  P.M.,  in 
the  Central  Presbyterian  Church  of  Des  Moines,  la.,  and  shall  be 
opened  with  a  sermon  by  the  Rev.  Samuel  S.  Howe  (or,  in  his  absence, 
by  the  Rev.  Alexander  S.  Marshall),  who  shall  preside  until  a  Modera- 
tor be  elected.  This  resolution  and  action  shall  take  effect  on  the  second 
day  of  January,  in  the  year  of  our  Lord  1882. — 1881,  pp.  562-565. 

7.  Custody  of  the  records  of  the  Synods  thus  consolidated. 

Resolved,  That  the  Stated  Clerks  of  the  several  Synods  now  consoli- 
dated in  other  Synods,  be  directed  to  deposit  the  records  of  said  Synods 
with  the  Stated  Clerks  of  the  Synods  which  are  their  legal  successors. — 
1882,  p.  94. 

[Note. — For  Synods  formed  since  1882,  see  under  (5),  above:  Utah,  1883;  South 
Dakota,  1884,  1888,  1895;  North  Dakota,  1885;  CatawVja,  1887;  Indian  Territory, 
1887  ;  New  Mexico,  1889  ;  Washington,  1890  ;  Montana,  1893.] 

8.  The  official  relation  of  the  Stated  Clerk  of  a  judicatory  terminates 

by  his  removal  from  its  bounds.    The  custody  of  the  records  is  with 

the  Permanent  Clerk  or  the  Moderator. 

Overture,  from  the  Presljytery  of  Chester,  asking  whether  the  Stated 

Clerk  of  a  Synod  who  changes  his  Presbyterial  and  Synodical  connection, 

terminates   thereby    his  official    connection  with   the   Synod   as   Stated 

Clerk;    and,    if    so,    into    whose    hands   the   books,    papers   and   other 

property  of  the  Synod  are  to  be  delivered. 


OF   THE   SYNOD.  239 

Answer.  While  the  Stated  Clerk,  whether  a  member  of  the  judicatory 
or  not,  is  only  its  servant,  his  official  relation  therewith  terminates  by 
his  removal  beyond  its  bounds,  and  the  records,  books,  etc. ,  should  go 
into  the  hands  of  the  Permanent  Clerk,  till  a  successor  is  elected,  and  if 
there  be  no  Permanent  Clerk,  then  into  the  hands  of  the  Moderator. 
Adopted.— 1895,  p.  101. 

II.  Any  seven  ministers,  belonging  to  the  Synod,  who  shall  convene 
at  the  time  and  place  of  meeting,  with  as  many  elders  as  may  be  present, 
shall  be  a  quorum  to  transact  synodical  business;  provided  not  more  than 
three  of  the  said  ministers  belong  to  one  Presbytery. 

1.  When  a  Synod  consists  of  three  Presbyteries,  the  withdrawal  of  one 
of  them,  for  judicial  business,  does  not  destroy  the  quorum. 

a.  An  overture  from  the  Presbytery  of  New  Castle,  asking  the  Gen- 
eral Assembly,  "  in  view  of  the  withdrawal  of  the  Presbytery  of  Rio 
de  Janeiro  from  the  Synod  of  Baltimore,  causing  that  Synod  to  be  left 
without  a  constitutional  quorum  of  Presbyteries  in  issuing  judicial  cases, 
to  enlarge  the  Synod  of  Baltimore  by  the  addition  of  one  or  more  Pres- 
byteries. ' ' 

The  Committee  refers  to  Chap,  xi.  Form  of  Government,  and  says, 
"  The  Synod  of  Baltimore,  as  now  constituted,  comprises  the  three 
Presbyteries  of  Baltimore,  New  Castle  and  Washington  City,"  and 
recommend  that  no  action  be  taken.  The  report  was  adopted. — 1889, 
p.  80. 

b.  Overture,  from  the  Synod  of  Atlantic,  concerning  a  quorum  of 
Synod,  questions: 

( 1 )  In  the  case  of  a  Synod  composed  of  three  Presbyteries  and  seven 
ministers,  not  more  than  three  of  Avhom  are  from  one  Presbytery,  does 
this  constitute  a  quorum  for  all  Synodical  business  ? 

The  answer  recommended  is.  Yes.  See  Form  of  Government,  Chap, 
xi,  Sec.  2. 

(2)  Does  the  withdrawal  of  one  Presbytery,  as  required  by  the  Book 
of  Discipline  (Sees.  90  and  98),  in  judicial  cases,  vacate  the  quorum  of 
Synod  for  judicial  business  ?  Your  Committee  recommend  as  an  answer: 
The  Synod  being  constituted  with  a  quorum  present,  remains  legally 
constituted  for  judicial  business  after  such  withdrawal  of  one  of  the 
Presbyteries.     Adopted.— 1892,  p.  189. 

2.  The  rule  as  to  a  quorum  must  be  observed.    Irregular  proceedings, 

how  treated. 

It  appears  from  the  record  that  certain  members  of  the  Synod  of  West 
Tennessee  met  at  Knoxville,  Teun.,  October  12,  1848,  and  constituted 
themselves  the  Synod  of  West  Tennessee,  contrary  to  the  Form  of 
Government,  Chap,  xi,  Sec.  2,  there  being  seven  ministers  present,  but 
four  of  them  were  from  one  Presbytery. 

1.  The  Assembly  declare  all  proceedings  and  acts  of  those  members  of 
the  Synod  of  West  Tennessee  found  recorded  on  pp.  214-230  unconstitu- 
tional and  invalid,  except  so  far  as  relates  to  the  appointment  of  the  time 
and  place  for  the  next  meeting  of  Synod. 

2.  That  the  Synod  be  directed  to  review,  at  its  first  regular  meeting 
hereafter,  the  proceedings  and  acts  of  said  members  of  the  Synod,  and 


240  FORM  OF  GOVERNMENT,  CHAP.  XI. 

that  they  adopt  or  reject  the  same,  in  whole  or  in  part,  as  they  may  see 
fit.— 1849,  p.  248,  O.  S.     See  191,  p.  144. 

3.  The  acts  of  less  than  a  quorum  are  unconstitutional  and  void. 

a.  In  regard  to  the  minutes  of  1855,  Synod  of  Arkansas,  the  Assem- 
bly declares: 

1.  That  the  proceedings  and  acts  of  the  members  of  said  Synod,  met 
at  Little  Rock,  September  20,  1855,  are  unconstitutional  and  void — 
inasmuch  as  they  proceeded  without  such  a  quorum  as  the  Constitution 
requires — except  so  far  as  relates  to  the  appointment  of  the  time  and 
place  of  the  next  meeting. 

2.  The  Synod  is  directed  to  review,  at  its  next  regular  meeting,  the 
proceedings  and  acts  of  said  members,  and  to  adopt  or  reject  them,  in 
whole  or  in  part,  as  they  may  see  fit. — 1856,  p.  539,  0.  S.  See  191, 
p.  144. 

b.  The  Judicial  Commission  appointed  in  the  case  of  the  Appeal  and 
Complaint  of  James  A.  Rainey  presented  its  report,  as  follows: 

Report  of  the  Judicial  Commission  appointed  to  find  judgment  in  the 
case  of  the  Appeal  and  Complaint  of  the  Rev.  James  A.  Rainey  against 
the  action  of  the  Synod  of  Atlantic,  viz.:  Judicial  Case,  No.  2: 

Finding. — It  appears  from  the  records  of  the  Synod  of  Atlantic  that 
the  action  complained  against  by  Rev.  James  A.  Rainey  was  taken 
Avithout  a  quorum  required  by  the  Constitution,  and  that  therefore  said 
action  was  unconstitutional  and  is  void. 

The  Synod  is  directed  to  review  at  its  next  regular  meeting  the 
proceedings  and  action  regarding  this  case,  and  complained  against  by 
Rev.  James  A.  Rainey,  and  to  adopt  or  reject  them,  in  whole  or  in  part, 
as  the  Synod  may  determine. 

The  report  of  the  Commission  was  confirmed,  and  its  finding  entered 
on  the  minutes. — 1891,  p.  144. 

4.  Meetings  pro  re  nata  constitutional. 

a.  The   Committee   of   Overtures   also   reported   Overture  No.    13. 
This  overture   was  taken  up,  and  is  as  follows,  \\z. :  ' '  An  answer  is 

requested  to  the  following  question,  viz. :  Has  the  Moderator  of  a  Synod 
a  right  to  call  a  meeting  of  the  Synod  during  the  interval  of  its  stated 
sessions  ?" 

Eesohed,  by  the  Assembly,  That  this  question  be  answered  in  the 
affirmative.— 1829,  p.  268. 

b.  The  Assembly  took  up  the  protest  and  complaint  of  a  minority  of 
the  Synod  of  Virginia  against  a  decision  of  said  Synod  in  favor  of  called 
meetings  of  Synod.  The  complainants  and  Synod  were  heard,  after 
which  it  was  resolved  that  the  complaint  be  not  sustained. — 1832,  p.  368. 

C.  The  Committee  on  the  Records  of  the  Synod  of  Tennessee  reported 
that  after  a  careful  examination  of  those  records  they  find  them  correct ; 
and  the  attention  of  the  Committee  having  been  called  to  the  report  of 
a  Committee  of  the  Synod  of  Tennessee  relating  to  the  constitutionality 
of  a  called  meeting  of  said  Synod,  convened  in  accordance  with  a  declar- 
atory resolution  of  the  General  Assembly  of  the  Presbyterian  Church  in 
1796,  and  found  on  page  321  of  the  Digest  published  in  1820,  after  a 
careful  examination  of  the  whole  subject,  they  recommend  the  following 
action  in  the  case:  That  in  the  judgment  of  this  General  Assembly  the 
meeting  of  the  Synod  of  Tennessee  at  Knoxville,  in  said  State,  on  the 


OF   THE   SYNOD.  241 

ninth  day  of  November,  was  in  accordance  with  the  Constitution  of  the 
Presbyterian  Church,  and  the  Assembly  do  so  declare.  The  report  was 
adopted.— 1855,  p.  16,  N.  S. 

5.  The  authority  for  a  meeting  pro  re  nata  is  not  found  in  Chap,  x, 
Sec.  X,  Form  of  Government. 

The  Committee  appointed  to  examine  the  records  of  the  Synod  of 
Michigan  reported,  recommending  their  approval  as  far  as  written,  with 
this  exception,  viz.,  the  calling  of  a  pro  re  naia  meeting  at  Petersburg, 
September  4,  1873,  for  the  purpose  of  changiug  the  time  of  the  regular 
meeting,  in  order  that  the  Synod  might  not  be  in  session  during  the  meet- 
ing of  the  Evangelical  Alliance  in  the  city  of  New  York. 

It  appears  from  the  record  that  the  Moderator  issued  a  call  for  this 
special  meeting  of  the  Synod,  basing  his  authority  on  the  Form  of 
Government,  Chap,  x.  Sec.  x. 

Your  Committee  think  that  this  section  refers  to  Presbyteries,  and  not 
to  Synods. 

The  report  was  adopted. — 1874,  p.  85. 

[Note. — In  this  case  the  Assembly  is  not  to  be  understood  as  denying  the  constitu- 
tionality of  the  meeting  pro  re  nata,  but  the  relevancy  of  the  authority  quoted. 

The  authority  for  calling  a  meeting  pro  re  nata  of  Synods  is  to  be  found  in  Form  of 
Government,  Chap,  xix.  Sec.  ii,  last  clause.    See  also  next  below.] 

6.  A  pro  re  nata  meeting  to  approve  the  minutes  sustained. 

The  Committee  on  the  Minutes  of  the  Synod  of  Cincinnati,  inter  alia, 
call  the  attention  of  the  Assembly  to  two  protests — one,  the  minutes  of 
the  Synod  against  important  action  of  that  body ;  the  other,  the  act  of 
the  Moderator  in  convening  a  pro  re  nata  meeting  of  the  Synod  to 
approve  the  minutes.  Your  Committee,  after  careful  consideration,  are 
of  the  opinion  that  both  these  actions  should  be  approved.  Adopted. — 
1878,  p.  118. 

7.  The  Moderator  must  specify  the  object  of  the  meeting. 

The  records  of  the  Synod  of  Kentucky  were  approved,  except  the  record 
of  a  meeting  of  Synod,  which  was  convened  pursuant  to  call  of  the 
Moderator,  without  a  specification  of  the  object  for  which  they  were  con- 
vened.—1823,  p.  74. 

8.  When  a  Synod  has  failed  to  meet  on  its  adjournment,  the  Moderator 
is  competent  to  call  a  meeting. 

As  it  appeared  from  the  representations  of  ministers  and  elders  assem- 
bled at  Yorktown,  the  20th  of  October,  1795,  and  signed  Robert  David- 
son, that  the  Synod  of  Philadelphia  did  not  meet  according  to  its  last 
adjournment,  nor  since  the  time  to  which  it  was  adjourned:  On  motion. 

Resolved,  That  the  Moderator  of  the  Synod  of  Philadelphia,  the  Rev. 
Dr.  Robert  Davidson,  ought  to  be  considered  as  competent  to  call  a 
meeting  of  the  same,  and  that  he  do  accordingly  call  a  meeting,  to  be 
held  in  the  Third  Presbyterian  Church  in  the  city  of  Philadelphia,  on 
the  fourth  Wednesday  of  October  next;  and  that  he  give  due  notice 
thereof  by  a  circular  letter  to  the  Moderators  of  the  several  Presbyteries 
composing  the  said  Synod,  whose  duty  it  shall  be  to  acquaint  the  other 
members. 

Resolved,  as  the  opinion  of  the  Assembly,  That  from  the  nature  of 
the  thing,  two  or  more  members  of  any  judicatory,  meeting  according  ta 
.16 


242  FORM  OF  GOVERNMENT,  CHAP.  XI. 

the  adjournment,  may  adjourn  from  day  to  day  until  a  sufficient  number 
attend  for  the  transacting  of  business,  and  in  case  a  quorum  should  not 
attend  within  a  reasonable  time,  that  the  Moderator  shall  be  considered 
as  competent  to  fix  any  time  and  place  he  may  judge  proper  for  con- 
vening the  body ;  and  if  he  be  absent,  that  the  members  assembled  shall 
represent  the  matter  speedily  to  him,  that  he  may  act  accordingly. — 
1796,  p.  113. 

9.  The  Assembly  may  fix  time  and  place. 

A  request  from  the  Moderator  of  the  Synod  of  Upper  Missouri,  that 
as  the  Synod  failed  to  meet  last  fall,  according  to  adjournment,  in 
Kansas  City,  owing  to  the  distracted  state  of  the  country,  the  Assembly 
would  enjoin  upon  said  Synod  to  meet  in  Liberty  Church,  Clay  county, 
Missouri,  on  the  1st  day  of  October  next,  at  7  o'clock  P.M. 

The  Committee  recommend  that  the  request  be  granted,  and  the  Synod 
be  and  hereby  is  directed  to  meet  accordingly. — 1862,  p.  596,  ().  S. 
Time  changed  to  October  8,  and  report  adopted. — p.  610, 

At  the  same  meeting  a  similar  request  from  the  Synod  of  Baltimore 
was  answered  in  the  same  manner. — p.  596,  O.  S. 

Also  Synod  of  Missouri,  N.  S.— 1862,  p.  14;  O.  S.,  1842,  p.  16. 

On  petition  of  the  Presbytery  of  Albany,  the  Assembly  changed  the 
time  of  the  meeting  of  the  Synod  of  Albany  on  account  of  the  meeting 
of  the  Evangelical  Alliance. — 1873,  p.  525;  Synod  of  China,  1888,  p. 
57;  Synod  of  New  Jersey,  1896,  p.  48. 

10.  Moderator  may  not  change  the  time  of  meeting. 

a.  Resolved,  That  the  records  of  the  Synod  of  North  Carolina  be 
approved,  with  the  exception  of  the  postponement  of  the  regular  meeting 
of  Synod  by  the  Moderator,  which  this  Assembly  consider  irregular. — 
1848,  p.  36,  O.  S. 

b.  Records  of  the  Synod  of  Illinois  approved,  except  in  the  case  of 
the  action  of  that  body,  as  recorded  on  page  415,  sustaining  the  act  of 
the  Moderator  of  the  Synod  in  changing  the  time  of  its  annual  meeting. 
—1854,   p.  500,  N.  S. 

11.  Action  of  Synod,  changing  the  place  of  meeting,  legalized. 

Overture  from  the  Synod  of  New  York,  asking  the  Assembly  to 
acknowledge  and  authorize  the  regularity  of  a  meeting  of  the  S}Tiod, 
which  was  held  at  Peekskill  in  October,  1880,  instead  of  at  Newbury- 
port,  according  to  previous  adjournment.  Reasons  beyond  the  control  of 
the  Synod  made  the  change  necessary,  and  the  action  of  the  Synod  was 
unaiiimously  approved  by  its  own  members.  The  Committee  recommend 
that  the  action  of  the  Synod  be  hereby  legalized.  Adopted. — 1882, 
p.  95. 

12.  How  the  place  of  meeting  may  be  changed. 

Overture,  from  the  Presbytery  of  Lansing,  asking  the  Assembly  to 
provide  a  plan  for  the  more  convenient  change  of  place  for  the  meeting 
of  a  Synod  when  it  proves  to  be  impracticable  for  it  to  meet  at  the  place 
to  which  it  stands  adjourned. 

The  Committee  recommends  the  following  answer: 

Whenever,  from  any  cause,  it  shall  be  necessary  to  change  the  place 
of  the  regularly  appointed  meeting  of  a  Synod,  its  Stated  Clerk  shall, 
at  the  request  of  the  Stated  Clerks  of  at  least  three -fourths  of  its  Pres- 


OF    THE    SYNOD.  243 

byteries,  be  authorized  to  secure  another  place  of  meeting,  and  to  issue 
his  official  call  for  the  meeting  of  the  Synod  accordingly.  Adopted. — 
1884,  p.  78. 

13.  Business  session  on  the  Sabbath  censured. 

a.  The  Committee  appointed  to  examine  the  records  of  the  Synod  of 
North  Carolina  reported,  when  the  records  were  approved,  with  the 
exception  that  on  page  48  it  is  recorded  that  Synod  held  a  session  on 
Sabbath  evening.  This  was  the  closing  meeting;  and  though  it  does  not 
seem  to  have  been  one  of  much  business,  still,  in  the  opinion  of  the 
Assembly,  it  was  not  proper. — 1834,  p.  445. 

b.  The  records  of  the  Synod  of  Peoria  approved,  with  the  exception 
"  that  on  page  33  there  is  the  record  of  a  business  meeting  held  on  Sab- 
bath evening." — 1846,  p.  18,  N.  S. 

C.  The  records  of  the  Synod  of  South  Dakota  were  approved  with 
the  following  excejjtion,  viz.,  Exception  is  taken  to  the  transaction  of 
business  on  the  Sabbath  day,  as  recorded  on  pp.  307-309  of  the  minutes, 
session  of  Sabbath  evening,  October  9,  1892. — 1893,  p.  213. 

III.  The  same  rule,  as  to    corresponding  members,   which   was  laid 

down  with  respect  to  the  Presbytery,  shall  apply  to  the  Synod. 

[Note.— The  nile  is  as  follows  :  (Form  of  Government,  Chap,  x,  Sec.  xii)  : 
"Ministei's  in  good  standing  in  other  Presbyteries,  or  in  any  sister  churches,  who 
may  happen  to  be  present,  may  be  invited  to  sit  witli  the  Presbytery  as  corresponding 
members.    Such  members  shall  be  entitled  to  deliberate  and  advise,  but  not  to  vote 
in  any  decisions  of  the  Presbytery." 
For  decisions  under  it,  see  ante,  Form  of  Government,  Chap,  x.  Sec.  xii,  p.  228.] 

1.  The  record  should  name  the  body  to  which  a  corresponding  member 

belongs. 

a.  The  proceedings  of  the  Synod  of  Albany  approved,  with  the 
exception  of  having  invited  several  ministers  to  take  their  seats  as 
corresponding  members,  without  describing  the  ecclesiastical  body  to 
which  such  ministers  belong. — 1815,  p.  578. 

b.  The  records  of  the  Synod  of  Illinois  approved,  "  except  the  Rev. 
Messrs.  James  H.  Dickey,  Dewey,  Whitney  and  W,  Comstock,  minis- 
ters of  the  Church  of  Jesus  Christ,  being  present,  were  invited  to  sit  as 
corresponding  members, ' '  the  bodies  to  which  the  ministers  respectively 
belong  not  being  mentioned. — 1840,  p.  296,  O.  S. 

C.  The  records  of  the  Synod  of  Peoria  were  approved,  with  the  excep- 
tion that  on  page  28  mention  is  made  of  a  minister  being  invited  to  sit 
as  a  corresponding  member  without  designating  the  ecclesiastical  body  to 
which  he  belonged. — 1846,  p.  18,  N.  S. 

d.  The  records  of  the  Synod  of  Illinois,  p.  440,  "  do  not  state  the 
ecclesiastical  connection  of  the  Rev.  Amasa  Lord,  who  was  invited  to 
sit  as  a  corresponding  member." — 1857,  p.  387,  N.  S. 

e.  The  Synod  of  Tennessee,  with  the  exception  that  a  minister  was 
invited  to  sit  as  a  corresponding  member  from  the  "  Holston  Confer- 
ence," no  denominational  designation  being  given  to  the  Conference  — 
1895,  p.  125. 

IV.  The  Synod  has  power  to  receive  and  issue  all  appeals  regularly 
brought  up  from  the  Presbyteries,  provided,  That  in  the  trial  of 
judicial  cases  the  Synod  shall  have  power  to  act  by  commission,  in 
accordance  with  the  provisions  on  the  subject  of  Judicial   Commissions 


244  FORM    OF   GOVERNMENT,    CHAP.   XI. 

in  the  Book  of  Discipline;  to  decide  on  all  references  made  to  them;  its 
decisions  on  appeals,  complaints  and  references,  which  do  not  affect  the 
doctrine  or  Constitution  of  the  Church,  being  final;  to  review  the  records 
of  Presbyteries,  and  approve  or  censure  them;  to  redress  whatever  has 
been  done  by  Presbyteries  contrary  to  order;  to  take  effectual  care 
that  Presbyteries  observe  the  Constitution  of  the  Church;  to  erect  new 
Presbyteries,  and  unite  or  divide  those  which  were  before  erected ;  gener- 
ally to  take  such  order  with  respect  to  the  Presbyteries,  Sessions  and 
people  under  their  care,  as  may  be  in  conformity  with  the  Word  of  God 
and  the  established  rules,  and  which  tend  to  promote  the  edification  of 
the  Church;  and,  finally,  to  propose  to  the  General  Assembly,  for  their 
adoption,  such  measures  as  may  be  of  common  advantage  to  the  whole 
Church. 

[Note.— As  amended,  1880,  p.  74  ;  1881,  p.  524  ;  1884,  p.  89;  1885,  p.  637.] 

1.  The  Synod  has  appellate,  but  not  original,  jurisdiction. 

a.  The  Assembly  having  maturely  considered  the  appeal  of  Mr. 
Davis  from  the  proceedings  of  the  Synod  of  the  Carolinas  in  his  case, 

Resolved,  That,  although  they  highly  approve  of  the  zeal  of  the  Synod 
to  preserve  the  purity  and  peace  of  the  Church  within  their  bounds,  yet 
they  cannot  but  decide  that  in  their  proceedings  in  the  above  case,  in 
deciding  that  they  had  a  right  to  try  Mr.  Davis,  when  there  was  no 
reference  nor  appeal  in  his  case  before  them,  they  have  not  strictly 
adhered  to  the  Constitution  of  the  Presbyterian  Church.  — 1810,  p.  448. 

b.  The  Committee  appointed  to  rej^ort  on  the  petition  of  the  Presby- 
tery of  South  Carolina  relative  to  a  reconsideration  of  a  decision  of  last 
Assembly  reported,  and  recommended  the  reconsideration.  Their  report 
was  rejected  and  the  Committee  discharged.     Whereupon, 

Resolved,  That  though  the  General  Assembly  regret  the  dissatisfaction 
of  the  Presbytery  of  South  Carolina  in  the  case  of  Mr.  Da\'is,  yet  they 
cannot  see  it  to  be  expedient  or  proper  to  reconsider  the  judgment  of  the 
General  Assembly  of  last  year  on  the  case  in  question. — 1811,  p.  468. 

C.  That  the  Synod  (of  Genesee)  eeem  to  have  forgotten  the  nature 
and  limits  of  their  appellate,  as  distinguished  from  the  original,  jurisdic- 
tion in  the  case,  in  that  they  censure  at  their  bar  the  appellant  in  a  way 
competent,  in  any  circumstances,  only  to  the  Session  of  the  church  to 
which  the  appellant  was  primarily  amenable. — 1840,  p.  11,  N.  S. 

2.  The  Synod  may  not  institute  judicial  process. 

The  proceedings  of  the  Synod  of  Cincinnati,  in  the  institution  and 
prosecution  of  judicial  process  against  William  Graham,  are  unconsti- 
tutional and  irregular,  and  therefore  null  and  void;  and  the  Synod  is 
hereby  enjoined  to  take  constitutional  action  in  the  case,  and  to  revise 
and  correct  its  proceedings  accordingly. — 1846,  p.  31,  N.  S. 

[Note. — See  Book  of  Discipline,  Chap,  iv,  Sec.  xviii.] 

3.  The  Synod  may  reverse  and  correct  the  action  of  Presbytery,  but 
must  observe  the  rules  of  discipline. 

The  Assembly  having  heard  the  complaint  of  the  Presbytery  of  Car- 
lisle against   the   Synod   of    Philadelpliia,    in   the  case  of    William  S. 


OP   THE   SYNOD.  245 

M'Dowell,  with  the  facts  and  arguments  offered  both  by  the  Presbytery 
and  the  Synod,  judge  that  the  Synod  had  a  constitutional  right  to  reverse 
the  decision  of  the  Presbytery  in  this  case,  either  in  whole  or  in  part,  as 
to  them  might  seem  proper,  but  that  in  the  exercise  of  this  right  the 
Synod  have  not  duly  regarded  the  principles  of  discipline  prescribed  in 
the  Constitution;  inasmuch  as  it  appears  by  their  records  that  they  have 
removed  all  censure  from  a  man  whom  they  declare  to  be  deserving  of 
rebuke,  without  directing  that  rebuke  to  be  administered,  and  without 
receiving  any  evidence  of  his  penitence. — 1823,  p.  81. 

4.  The  Synod  has  jurisdiction  over  the  members  of  an  extinct  Presbytery 
not  received  by  any  other  Presbytery.— 1825,  p.  147. 

[Note. — See  above,  Chap,  s,  Sec.  viii ;  also  Book  of  Discipline,  Cliap.  xi,  Sec.  cxiii.] 

5.  A  Synod  visits  a  church  to  ascertain  the  acceptablKty  of  its  elders. 

a.  Resolved,  That  the  Assembly  expresses  no  opinion  upon  the  action  of 
the  Synod  (of  New  Jersey)  in  appointing  a  Committee  to  \asit  the  Third 
Church,  Newark,  in  order  to  ascertain  if  any  member  of  the  Session 
were  unacceptable  to  the  people. — 1862,  p.  631,  O.  S. 

b.  The  next  year  the  complaint  of  William  B.  Guild  against  the 
action  of  the  Synod  was  sustained  joro /onna. — 1863,  p.  35,  O.  S. 

6.  Synod  may  direct  the  dissolution  of  the  pastoral  relation. 
A  Synod  directs  a  Presbytery  to  dissolve  the  pastoral  relation,  and  on 
complaint  to  the  Assembly  is  sustained.    (See  above.  Chap,  x.  Sec.  viii, 
etc.,  appeal  of  Jos.  Council  vs.  Synod  of  Pittsburgh.) — 1868,  p.  648, 
O.  S. 

7.  The  Synod  has  power  to  direct  a  Presbytery  to  issue  a  certificate 

of  dismission. 

No.  2  is  an  appeal  of  Mrs.  Nannie  J.  Dull  from  the  action  of  the 
Synod  of  Harrisburg.  The  facts,  as  set  forth  in  this  appeal,  are  these : 
The  Session  of  the  church  of  McVeytown,  after  being  repeatedly 
directed  by  the  Presbytery  of  Huntingdon  to  grant  Mrs.  Dull  a  certifi- 
cate of  dismission,  still  refused  to  do  so;  thereupon  the  Synod  of  Harris- 
burg ordered  the  Presbytery  to  issue  to  her  a  certificate  of  good  and 
regular  standing  in  the  church  of  McVeytown.  This  order  was  com- 
plied with  by  the  Stated  Clerk  of  the  Presbytery.  This  certificate  Mrs. 
Dull  returned  to  the  Stated  Clerk,  and  appeals  from  the  action  of  the 
Synod,  on  the  ground  "  that  such  certificate  not  being,  in  her  judgment, 
in  accordance  with  the  Discipline  of  our  Church,  must  necessarily  be 
considered  not  a  valid  documeut,  and  must  arouse  suspicion  unless 
endorsed  by  the  highest  authority."  Your  Committee  reconnnend  the 
following  action  by  the  Assembly  in  this  case:  The  Synod  had  the  power 
to  issue  the  order  complained  of,  and  the  certificate  so  issued  is  a  valid 
document.     Adopted. — 1875,  p.  511. 

8.  The  Assembly  will  not  entertain  appeals  which  do  not  affect  the 

doctrine  or  Constitution  of  the  Church. 

[Note. — See  under  Book  of  Discipline,  Chap,  ix,  Div.  iv,  "  Of  Appeals,"  Sec.  xcv, 
pp.  723-729.] 

a.  Complaint  of  Rev.  N.  West,  D.D.,  against  the  Synod  of  Minne- 
sota. A  careful  examination  of  the  instructions  of  the  last  General 
Assembly,    of    the   action   of    the  Synod    of    Minnesota,    and   of    the 


246  FORM  OF  GOVERNMENT,  CHAP.  XI. 

Complaint  of  Dr.  West,  fails  to  discover  any  question  of  doctrine  or  any 
constitutional  question  involved  in  the  decision  of  the  Synod  of  Minne- 
sota, or  presented  in  the  Complaint  of  Dr.  West,  which  would  justify 
the  consideration  of  this  Complaint  by  the  General  Assembly.  In  the 
judgment  of  your  Committee,  the  action  of  Synod  being  final,  according 
to  our  law,  the  Complaint  of  Dr.  West  cannot  come  properly  before 
the  Assembly.  We  recommend,  therefore,  that  the  Complaint  of  Rev. 
Dr.  West  be  dismissed.     Adopted. — 1891,  p.  143. 

[Note.— See  Minutes,  1890,  p.  109  ;  and  the  report  in  full,  1891,  pp.  143,  144.] 

b.  Appeals  of  John  W.  Ellis,  D.D.,  vs.  the  Synod  of  the  Pacific. — 
1892,  p.  214. 

C.  Appeal  of  E.  C.  Battelle  vs.  Synod  of  Nebraska  dismissed 

"  The  questions  involved  do  not  affect  the  doctrine  or  constitution  of  the 
Church."— 1896,  p.  84. 

V.  The  Synod  shall  convene  at  least  once  in  each  year;  at  the  open- 
ing of  which  a  sermon  shall  be  delivered  by  the  Moderator,  or,  in  case 
of  his  absence,  by  some  other  member;  and  every  particular  session 
shall  be  opened  and  closed  with  prayer. 

1.  The  above  rule  construed  literally,  and  must  be  obeyed. 

a.  The  records  of  the  Synod  of  Pittsburgh  approved,  except  * '  that  at 
the  opening  of  the  Synod  no  sermon  was  delivered,  as  the  Constitution 
requires,  but  on  the  following  evening." — 1827,  p.  205. 

b.  The  records  of  the  Synod  of  Albany,  except  that  ' '  the  Synod  was 
opened  without  a  sermon,  whereas  the  Form  of  Government,  Chap,  xi. 
Sec.  V,  requires  that  a  sermon  shall  be  preached." — 1843,  p.  181,  O.  S. 

C.  Records  of  Synod  of  Buffalo,  except, 

3.  That  it  appears  by  the  record  on  page  75  that  a  meeting  of  the 
Synod  was  opened  without  a  sermon,  whereas  the  Form  of  Government, 
Chap,  xi.  Sec.  v,  requires  that  a  sermon  shall  be  preached. 

And  again,  on  page  79,  that  at  the  opening  of  the  Synod  no  sermon 
was  delivered,  as  the  Constitution  requires,  but  on  the  following  evening. 
—1856,  p.  520,  O.  S. 

2.  The  records  should  state  that  the  meetings  were  opened  and  closed 

with  prayer. 

[Note. — See  vinder  Book  of  Discipline,  Chap,  ix.  Sec.  Ixxii,  censures  of  Synods  for 
failing  to  record  the  opening  or  closing  with  prayer.] 

VI.  It  shall  be  the  duty  of  the  Synod  to  keep  full  and  fair  records  of 

its  proceedings,  to  submit  them  annually  to  the  inspection  of  the  General 

Assembly,  and  to  report  to  the  Assembly  the  number  of  its  Presbyteries, 

and  of  the  members  and  alterations  of  the  Presbyteries. 

[Note. — For  exceptions  to  the  records  of  Synods,  see  below,  and  also  under  Book 
of  Discipline,  Chap,  ix.  Sec.  Ixxii.] 

1.  The  records  must  be  full  and  fair.    Reasons  for  decisions  must  be 

recorded. 

a.  Synod  of  Pittsburgh,  except  resolution  on  page  74,  disapproving  of 
the  proceedings  of  a  Presbytery,  without  assigning  the  reasons. — 1820, 
p.  728. 


OF    THE    SYNOD. 


247 


b.  Synod  of  Ohio,  except  a  minute  on  page  243,  disapproving  of  a 
decision  of  a  Presbytery,  and  ordering  said  Presbytery  to  reconsider 
that  decision,  without  any  reasons  being  assigned. — 1827,  p.  202. 

C.  The  Synod  of  Onoudaga  approved  with  the  following  exception : 

On  page  186  we  find  the  Synod  administering  censure  to  the  Presby- 
tery of  Cayuga  for  an  act  of  discipline  toward  one  of  its  churches,  on 
the  ground  that  the  reasons  for  such  discipline  were  not  given  according 
to  the  requirements  of  our  Book  of  Discipline;  yet  on  the  next  page  we 
find  said  Synod  reaffirming  the  acts  of  a  church  censured  by  its  Presby- 
tery, and  reversing  the  decision  of  the  Presbytery  without  giving  the 
required  reasons  for  such  a  singular  proceeding. 

The  report  was  adopted. — 1863,  p.  277,  N.  S. 

d.  The  Synod  (of  Illinois)  have  not  discharged  their  duty.  They 
ought  to  have  spread  upon  their  record  everything  which  influenced 
their  judgment  in  the  case. — 1840,  p.  303,  O.  S. 

2.  The  subject  matter  of  the  complaints  must  be  recorded. 

1 .  The  records  of  the  Synod  of  Cincinnati  were  approved  with  the  fol- 
lowing exceptions,  that  on  page  36  the  minute  is  defective  in  that  a 
complaint  was  received,  referred  and  decided,  without  any  statement 
with  regard  to  the  subject  matter  of  said  complaint. 

2.  This  defect  in  the  record  disables  this  Assembly  from  deciding  as 
to  the  validity  of  the  recorded  reasons  given  for  the  decision  of  the 
Synod  in  the  case  on  page  37. 

3.  This  defect  in  the  minutes  is  the  more  to  be  excepted  against,  inas- 
much as  it  records  the  implied  censure  of  the  complainant,  while  the 
Assembly  is  deprived  of  the  opportunity  to  pass  upon  the  case. — 1866, 
p.  50,  O.  S. 

3.  Reasons  for  judicial  action  must  be  recorded. 

a.  The  Committee  appointed  to  examine  the  records  of  the  Synod 
of  Harrisburg  reported,  recommending  their  approval,  with  the  excep- 
tion of  the  judicial  case  on  pp.  179  and  180,  in  which  the  Synod  found 
the  papers  of  a  complaint  in  order,  and  dismissed  the  case  without 
assigning  a  reason.     The  report  was  adopted. — 1874,  p.  85. 

b.  The  Committee  on  the  Records  of  the  Synod  of  the  Pacific 
reported,  recommending  their  approval  with  the  following  exceptions: 

That  a  slight  irregularity  appears  in  the  proceedings  had  in  the  case  of 
the  complaint  of  Rev.  Frederic  E.  Shearer,  and  others,  against  the 
action  of  the  Presbytery  of  San  Francisco,  in  dropping  from  the  roll 
the  name  of  Rev.  John  D.  Strong.  From  p.  532  it  appears  that  the 
Synod  refused  to  sustain  the  complaint,  without  recording  any  reason 
for  its  action.  This  exception  corresponds  with  the  action  of  the  Assem- 
bly on  Paper  No.  VIII  of  the  report  of  the  Judicial  Committee.  The 
report  was  adopted. — 1881,  p.  573. 

C.  The  Committee  on  the  records  of  the  Synod  of  the  Columbia 
reported,  recommending  their  approval,  with  the  following  exception, 
to  wit: 

That  in  the  case  of  an  appeal  of  Rev.  Isaac  H.  Condit  in  re  Presby- 
tery of  Oregon  vs.  Rev.  Harlan  P.  Peck,  it  appears  that  the  Synod, 
after  hearing  the  case  and  taking  its  final  vote,  on  notice  of  an  appeal 
against  the  findings  of  the  Synod  decided  to  postpone  further  action  in 
the  case  until  after  hearing  the  decision  of  the  Assembly,  and  that  "  no 


248  FORM  OF  GOVERNMENT,  CHAP.  XT. 

formal  minute  of  the  action  of  the  Synod  was  entered  upon  its  records, 
and  no  reasons  for  its  action  given."  (See  Rep.  Judicial  Com.,  Paper 
No.  XI.)     The  report  was  adopted. — 1881,  p.  593. 

[Note. — See  Book  of  Discipline,  Chap,  iv,  Sec.  xxiv.] 

4.  Synod  of  Atlantic,  defects  excepted  to  and  the  Synod  required  to 

review  and  correct  its  proceedings,  which  were  of  a  judicial  charac- 
ter. 

The  records  of  the  Synod  of  Atlantic  were  approved  with  the  follow- 
ing exceptions: 

1.  That  the  minutes  lack  in  fullness.  Important  reports  are  referred 
to  as  on  file,  which  should  appear  on  the  minutes  (see  pages  413  and 
414)  (Digest,  194,  513).  On  page  417  a  paper  is  recorded  without 
reference  to  its  source,  or  whether  it  was  acted  on  by  the  Synod.  The 
minutes  are  not  complete  enough  to  give  the  knowledge  properly  to 
judge  of  the  proceedings  in  many  cases. 

No  report  of  the  Committee  on  Leave  of  Absence  is  made,  enabling 
one  to  determine  the  state  of  the  roll  after  it  was  made  up  at  the  opening 
of  the  session. 

The  Synod  omitted  to  approve  the  minutes  of  the  last  day  of  its  meet- 
ing before  sending  their  records  to  the  Assembly. 

2.  The  irregularity  of  its  proceedings  in  entering  upon  the  transaction 
of  business  without  a  quorum. 

And  also,  although  a  quorum  was  subsequently  present,  the  issuing  of 
a  judicial  case  by  a  vote  of  five  to  one. 

Your  Committee  would  recommend  that  with  respect  to  the  irregularity 
of  its  proceedings,  this  Assembly  direct  the  Synod  of  Atlantic  to  re\'iew 
and  correct  so  much  of  its  proceedings  as  were  of  a  judicial  character,  in 
accordance  with  the  provisions  of  the  Book  of  Discipline  (Chap.  Ixxiv), 
care  being  had  in  such  review  and  correction  to  the  direction  of  this 
Assembly  in  the  matter  of  the  appeal  of  the  Rev.  James  A.  Rainey 
against  the  Synod  of  Atlantic  (see  p.  144),  no  part  of  this  recommenda- 
tion being  understood  as  characterizing  the  proceedings  as  other  than 
irregular. — 1891,  p.  188. 

5.  Records  should  show  a  complete  roll  and  action  upon  reports ;  cen- 

sure may  not  be  passed  without  trial  or  self-accusation. 

The  records  of  the  Synod  of  North  Dakota  were  approved  with  the 
following  exceptions: 

1.  The  roll  of  Synod  fails  to  record  absentees  {Minutes,  General 
Assembly,  1882,  p.  94). 

2.  On  p.  5  of  the  minutes  it  is  stated  that  the  names  of  additional 
members  were  added,  but  the  names  were  not  given,  and  the  record 
nowhere  shows  the  completed  roll  of  members  in  attendance. 

3.  On  pp.  31  and  32  of  the  minutes  the  report  of  the  Committee  on 
Finance  is  recorded,  but  the  record  fails  to  show  any  action  thereon. 
The  report  should  in  some  way  have  been  acted  upon  or  excluded  from 
the  records. 

4.  We  note  that  in  the  appointment  of  Standing  Committees  of 
Synod,  in  four  out  of  seven  no  elder  was  appointed,  and  while  we  do 
not  make  exception,  we  would  suggest  that  it  is  more  in  conformity  with 


OF    THE    SYNOD.  249 

Presbyterian  usage  to  put    elders  with  ministers  on  Committees,   thus 
gi\dng  proper  recognition  to  the  eldership. 

5.  In  the  judgment  of  the  Committee,  the  Synod  erred  in  striking  out 
the  exceptions  named  in  the  report  of  Synod's  Committee  on  the  Records 
of  Minnewaukon  Presbytery,  and  in  so  doing  sustained  the  action  of  the 
Presbytery  in  adopting  the  recommendation  of  its  Judicial  Committee 
that  a  vote  of  censure  should  be  passed  upon  the  Rev.  R.  J. 
Cresswell,  without  trial  and  without  his  coming  forward  as  his  own 
accuser,  as  provided  in  Sec.  47  of  the  Book  of  Discipline. — 1896,  pp. 
154,  155. 

6.  Judicial  cases  must  be  described;  their  character  defined  and  the 
significance  of  and  reasons  for  the  judgment  set  forth. 

a.  The  records  of  the  Synod  of  Philadelphia  were  approved,  with  the 
following  exceptions,  viz. : 

1 .  That  there  is  no  record  of  absentees  from  the  meeting. 

2.  That  it  appears,  from  page  282,  that  an  appeal  and  complaint  was 
issued  in  the  usual  form,  without  any  intimation  of  what  the  sentence  or 
proceeding  was  against  which  the  complaint  was  made. 

3.  That  it  appears,  from  page  273,  that  another  complaint  was  issued, 
Avithout  any  record  of  the  proceeding  complained  of,  or  the  body  whose 
proceeding  was  the  subject  of  complaint. — 1852,  p.  216,  O.  S. 

b.  Exception  to  the  records  of  the  Synod  of  Cincinnati.  On  pp.  6 
and  13  a  complaint  was  received,  referred  and  decided,  without  any 
statement  in  regard  to  the  character  of  said  complaint. — 1865,  p.  553, 
O.  S. 

C.  The  records  of  the  Synod  of  Pennsylvania  were  approved  with  the 
following  exceptions : 

1 .  That  in  Judicial  Cases  Nos.  2,  3  and  6  the  cases  are  not  stated  in 
the  records  as  x'equired  (see  Moore's  Diged,  1886,  p.  658,  4). 

2.  That  in  Case  No.  3  neither  the  facts  in  the  case  nor  the  judgment 
was  entered  upon  the  record. — 1893,  p.  213. 

d.  The  records  of  the  Synod  of  Ohio  were  approved,  with  the  excep- 
tions: 1.  That  on  page  77  it  is  stated  that  after  discussion  certain  resolu- 
tions were  adopted  as  follows.  None  of  these  resolutions  appear  on  record, 
and  their  character  is  not  described.  2.  In  a  judicial  case,  on  its  issue, 
the  final  record,  containing  the  sentence  of  the  court,  is  defective,  inas- 
much as  its  statement  gives  no  clue  to  the  merits  or  significance  of  the 
decision,  or  the  reasons  for  it. — 1861,  p.  315,  O.  S  ;  see  1895,  pp.  124, 
125. 

e.  The  Committee  on  the  Records  of  the  Synod  of  Pennsylvania 
recommended  their  aj^proval  "  with  the  exception  of  the  fact  that  the 
particulars  in  the  complaint  of  the  Rev.  John  Peacock  against  the  Pres- 
bytery of  Philadelphia  North  are  not  fully  recorded,  in  agreement  with 
the  requirements  of  our  Form  of  Government,  and  the  requirements  of 
the  Digest  of  1886.     Adopted.— 1889,  p.  134. 

f.  The  records  of  the  Synod  of  Michigan  were  approved,  with  the 
exception  that  the  minute  on  page  29,  taking  exception  to  the  records  of 
the  Presbytery  of  Grand  Rapids,  does  not  show  the  matter  of  error 
alleged  against  the  records  of  said  Presbytery. — 1894,  p.  181. 

[Note. — See  Book  of  Discipline,  Of  Complaints,  Sees.  Ixxxiii-xciii,  Of  Appeals, 
Sees,  xciv  eii.] 


250  FORM  OF  GOVERNMENT,  CHAP.  XI. 

7.  The  subject-matter  of  a  complaint,  and  the  disposal  made  of  it,  must 

be  recorded. 

a.  The  Committee  on  the  Records  of  the  Synod  of  Illinois  Central 
recommended  their  approval,  as  far  as  written,  with  the  following  excep- 
tions : 

1.  That  notice  appears,  on  p.  241,  of  a  complaint  made  by  Rev. 
Arthur  Rose,  against  the  Presbytery  of  Peoria,  which  was  taken  up  by 
the  Synod,  considered  and  voted  upon,  and  reasons  for  the  vote  were 
given,  while  the  subject-matter  of  the  said  complaint  is  not  recorded. 
This  defect  disables  this  Assembly  from  deciding  as  to  the  validity  of  the 
reasons  given  for  the  vote  of  the  Synod  in  this  case. 

2.  It  does  not  appear  from  their  records  whether  the  Synod  took 
farther  action  upon  said  complaint  than  to  vote  upon  it,  and  give  reasons 
for  that  vote;  thereby  leaving  this  Assembly  in  doubt  whether  the  Pres- 
bytery complained  of  was  censured,  or  whether  the  matter  of  the 
complaint  was  referred  back  to  them  for  readjudication,  or  whether  the 
Synod  dropped  it  entirely.     Adopted. — 1878,  p.  60;  also  1883,  p.  688. 

b.  The  records  of  the  Synod  of  Baltimore  were  approved,  with  the 
exception  that  on  pp.  327  and  348  the  Synod  records  the  issuing  of 
"  Judicial  Cases"  "  No.  1  "  and  "  No.  2,"  but  in  neither  case  is  the 
subject-matter  of  the  complaint  recorded,  and  the  Assembly  is  left  with- 
out the  means  of  knowing  what  was  decided.  This  is  not  "  a  full  and 
fair  record  of  its  proceedings, ' '  as  required  by  the  Form  of  Government, 
Chap,  xi.  Sec.  vi.  (See  Moore's  Diged,  1886,  p.  194,  1,  c  and  g;  also 
Minutes  of  the  General  Assembly,  1878,  p.  60.) 

Inasmuch  as  the  Synod  is  now,  in  most  cases,  the  final  appellate 
judicatory,  it  is  essential  to  the  right  discharge  of  the  duty  of  review 
and  control  by  the  Assembly  that  an  intelligible  statement  be  made  by 
the  Synods  of  every  case  judicially  decided  by  them. — 1885,  p.  661. 

8.  The  Synod  directed  to  correct  its  records  so  as  to  conform  to  the  facts 

in  the  case. 

The  records  of  the  Synod  of  Nebraska  were  approved  with  the  follow- 
ing exceptions: 

1.  The  mistake  in  the  date  of  the  year,  beginning  on  p.  22,  and 
running  to  the  end  of  the  minutes;  which  mistake  the  Stated  Clerk  of 
said  Synod  is  hereby  directed  to  correct. 

2.  The  record  in  the  judicial  pi'oceedings  in  the  case  of  Rev.  W.  R. 
Smith,  appellant,  against  the  Presbytery  of  Hastings  (p.  35);  which 
record  is  defective  in  the  following  particulars,  viz. : 

(1)  There  is  nothing  in  the  record  to  show  the  grounds  of  appeal. 

(2)  The  recoi'd  does  not  show  that  both  of  the  original  parties  were 
heard  on  the  question  of  sustaining  the  ajipeal,  and  that  the  roll  of  the 
Synod  was  called  to  give  members  an  opportunity  to  express  their  opinion 
upon  the  case. 

3.  There  is  no  record  whatever  of  any  vote  upon  the  question  of 
sustaining  the  appeal;  and  the  words,  "  Synod  resolved  to  entertain  the 
appeal,"  are  wholly  inappropriate  and  insufficient  to  express  the  final 
decision  of  the  Synod  upon  that  question. 

Your  Committee  recommend  that  the  said  Synod  be  directed  to  correct 
these  defects  so  thai  the  record  shall  conform  to  the  actual  facts  in  the 
case.     Adopted.— 1885,  p.  662. 

[Note. — See  Book  of  Discipline,  Cliap.  ix,  Div.  iv,  Sec.  xcix.] 


OF   THE   SYNOD.  251 

9.  A  special  record  must  be  sent  up  of  all  judicial  decisions. 

In  view  of  the  importance  of  the  judicial  decisions  made  by  Synods  and 
Synodical  Commissions,  the  Synods  are  enjoined  to  send  up  to  the  Assem- 
bly, in  special  communications,  all  records  of  such  decisions. — 1885,  p. 
662. 

V^OTE.— See  Minutes,  1886.  p.  72;  1887,  pp.  68,  7-4  ;  1890,  pp.  129,  130.] 

10.  The  records  must  be  "  full  and  fair." 

[Note. — See  under  Book  of  Discipline,  Chap,  ix.  Sec.  Ixxii.] 

11.  The  records  should  be  fair  and  without  abbreviations. 

a.  The  records  of  the  Synod  of  Northern  Indiana  were  approved, 
with  the  exception  of  the  mode  of  recording  the  minute  of  a  joint  session 
of  the  two  Synods  of  Indiana  and  Northern  Indiana,  which,  instead  of 
being  written,  is  cut  from  a  newspaper  and  pasted  in  the  book. — 1868,  p. 
640,  O.  S. 

b.  The  records  of  the  Synod  of  Texas  approved,  except  that  there  are 
too  many  abbreviations  used  in  the  record  of  proceedings. — 1883,  p.  688. 

12.  The  records  should  be  fair.    Corrections  may  not  be  made  after  their 
review  by  the  Assembly. 

The  Committee  on  the  Records  of  the  Synod  of  Atlantic  presented  the 
following  report,  which  was  adopted: 

The  Committee  respectfully  report  to  the  General  Assembly: 

That  the  record -book  of  the  Synod  of  Atlantic  placed  in  their  hands 
has  been  found  to  contain  eight  and  one-half  pages  of  printed  matter 
which  professedly  set  forth  the  transactions  of  this  Synod  during  a  session 
held  in  December,  1877;  at  the  end  of  which  printed  matter  a  name 
appears  as  that  of  the  Stated  Clerk,  as  ' '  Attest, ' '  but  in  print  only. 
No  written  account  of  the  proceedings  or  of  any  part  of  them  is  found. 

In  the  judgment  of  your  Committee,  therefore,  the  record  required  by 
our  Form  of  Government  (see  Chap,  xi,  Sec.  vi)  has  not  been  sent  up 
for  review  by  the  Assembly;  wliat  appears  to  be  a  copy  of  their  transac- 
tions has  been  placed  in  the  record-book. 

Your  Committee  could  not  feel  justified  if  they  should  recommend  the 
approval  of  this  copy,  although  on  learning  from  other  sources  that  the 
printed  matter  is  a  copy,  they  have  not  questioned  its  correctness,  and 
have  examined  carefully  what  has  been  sent  up  in  this  form. 

If  the  transactions  of  this  session  of  the  Synod  of  Atlantic  had  been 
found  recorded,  your  Committee  would  have  recommended  their  approval 
with  the  following  important  exception:  on  p.  98  of  the  record-book 
appears  the  statement  that  the  minutes,  approved  by  the  Assembly  of 
1876,  were,  after  that  endorsement,  corrected  by  the  Synod  themselves 
at  this  session  of  1877.     Nor  are  the  corrections  specified  or  indicated. 

Under  a  sense  of  the  great  importance  of  accuracy  in  the  records  of 
our  Church  judicatories,  and  of  their  jjreservation  in  written  form  intact 
after  their  examination  and  endorsement  by  the  Assembly,  your  Com- 
mittee, while  commending  the  excellent  spirit  of  devotion  and  labor 
apparent  in  the  matter  offered  for  review  by  this  Synod  as  regards  their 
efibrts  for  the  Church  and  for  the  elevation  of  their  race,  respectfully 
recommend  to  the  Assembly  the  adoption  of  the  following  resolutions: 

1.  That  the  Synod  of  Atlantic  be  and  hereby  are  directed  to  record  the 
minutes  of  the  session  of  December,  1877,  and  submit  the  record  to  the 
next  General  Assembly. 


252  FORM    OF   GOVERNMENT,    CHAP.     XI. 

2.  That  this  Synod  report  to  the  next  Assembly  the  corrections  appear- 
ing to  have  been  made  to  their  minutes  after  their  review  by  the  previous 
Assembly  of  1877.— 1878,  p.  52. 

13.  Sundry  omissions  and  irregularities  censured. 

The  records  of  the  Synod  of  Wisconsin  were  approved,  with  the  follow- 
ing exceptions,  viz. : 

1.  The  records  are  marked  by  several  verbal  omissions  and  the  neglect 
of  orthography  and  punctuation,  and  the  absentees  of  1852-1853  are 
not  recorded. 

2.  During  the  sessions  of  1852  there  is  no  evidence  that  the  Synod 
read,  corrected  or  approved  the  records,  though  on  page  16  it  appears 
that  the  records  of  that  year  were  read  twelve  months  after  in  Synod, 
though  still  there  is  no  evidence  that  they  were  approved  by  it.  The 
minutes  of  1853  do  not  appear  to  have  been  ever  read  or  approved  in 
Synod.  And  the  records  of  1854  were  not  read  and  approved  till  the 
meeting  of  1855. 

3.  On  page  23  it  appears  that  the  Synod,  October  13,  1853,  adjourned 
to  meet  at  Neenah  the  second  Thursday  of  October,  1854.  A  quorum 
having  failed  to  meet  at  that  time,  the  members  present  adjourned  to  a 
different  time  and  place  (Madison,  October  26),  and  there  is  no  evidence 
that  any  steps  were  taken  to  cause  their  INIoderator  to  notify  all  the  min- 
isters and  church  Sessions  of  the  new  meeting.  Tliis  is  contrary  to  the 
spirit  of  the  precedents  approved  by  the  Assembly  (see  Minutes,  1796, 
p.  113;  Baird,  p.  212),  and  transcends  the  liberty  allowed  for  such  cases 
by  the  third  general  rule  for  judicatories. 

4.  On  pages  23,  27  and  32,  are  recorded  adjournments  without  any 
evidence  that  the  sessions  were  closed  with  prayer. 

5.  On  pages  35,  36,  the  report  of  a  Committee  of  Re\4ew  on  the 
Records  of  the  Presbytery  of  Dane,  containing  an  exception  against  the 
action  of  the  Presbytery  for  appointing  Rev.  J.  W.  Sterling  its  lay  com- 
missioner to  the  General  Assembly,  is  entered  on  the  records  of  Synod 
without  any  record  of  its  adoption  by  Synod;  and  again  it  is  stated  that 
this  report  was  amended  by  striking  out  the  exception,  and  there  is  still 
no  evidence  of  its  adoption  as  amended.  Also,  on  pages  39,  40, 
the  report  of  a  Committee  touching  the  complaints  of  J.  Y.  Smith  is 
made  a  j^art  of  the  records  of  Synod,  though,  so  far  as  these  records 
show,  it  was  only  accepted  and  laid  on  the  table. 

6.  The  records  of  the  Synod's  action  on  the  complaints  of  said  J.  Y. 
Smith  against  the  Presbytery  of  Dane  are  not  complete  enough  to  fulfill 
the  demands  of  the  Book  of  Discipline,  (old)  Chap,  iv,  Sec.  xxiii  (new. 
Chap,  iv,  Sec.  xxiv),  which  says  that  the  record  ought  to  "  exhibit 
everything  which  had  an  influence  on  the  judgment  of  the  coui't."  No 
exception  is  proposed  against  the  action  of  Synod  touching  those  com- 
plaints, inasmuch  as  they  have  been  brought  before  this  Assembly  through 
another  channel  (the  Judicial  Committee)  and  passed  upon. — 1856,  p. 
520,  O.  S. 

14.  Papers  must  be  preserved,  pages  numbered. 

The  Committee  on  the  Records  of  the  Synod  of  Wisconsin  presented 
the  following  report,  wliich  was  adopted: 

The  Committee  on  the  Records  of  the  Synod  of  Wisconsin  report, 
recommending  their   approval  as  far  as  written,  with  these  exceptions: 


OF   THE   SYNOD.  253 

1 .  The  pages  are  not  numbered.  2.  There  seems  to  have  been  a  want  of 
proper  care  in  the  preservation  of  papers,  as  the  Committee  on  the 
Minutes  of  the  General  Assembly  made  a  verbal  report  which  was 
accepted,  but  the  report  is  wanting.  This  thing  the  Synod  itself  con- 
demns in  the  case  of  the  Presbytery  of  Dane. — 1865,  p.  541,  O.  S, 

15.  Overture  answered  must  be  described. 

The  Committee  on  the  Records  of  the  Synod  of  Pittsburgh  presented 
the  following  report,  which  was  adopted: 

The  Committee  on  the  Records  of  the  Synod  of  Pittsburgh  report, 
recommending  their  approval,  with  exception  of  a  minute,  page  152,  of 
the  records,  where  an  overture  from  the  United  Presbyterian  Synod  of 
Pittsburgh  appears  to  have  been  answered  without  any  description  being 
given  of  it.— 1865,  p.  541,  O.  S. 

16.  The  record  must  state  the  character  of  a  complaint  and  whether  due 
notice  was  given.  Reports  adopted  must  be  recorded.  Record 
must  be  made  of  action  taken. 

a.  The  records  of  the  Synod  of  the  Columbia  were  approved  with  the 
following  exceptions: 

1.  That  a  complaint  was  received  and  issued  against  the  Presbytery  of 
Oregon  in  the  usual  form,  without  statement  in  regard  to  the  character 
of  said  complaint. 

2.  That  the  records  do  not  show  whether  notice  of  said  complaint  was 
given  to  the  Presbytery  of  Oregon,  either  before  its  rising  or  within  ten 
days  thereafter. 

3.  That  a  report  was  recommitted  to  the  Committee  of  Bills  and  Over- 
tures, and  no  record  is  made  of  its  further  disposition  (p.  261). 

4.  That  the  report  of  the  Committee  on  Home  Missions,  Indian 
Affairs,  and  Church  Erection,  with  recommendations,  was  adopted,  and 
no  record  is  made  of  the  recommendations,  or  even  upon  which,  if  any, 
of  the  three  different  parts  the  report  was  made. — 1883,  p.  688. 

b.  The  minutes  of  the  Synod  of  Minnesota  were  approved,  with  the 
following  exception: 

In  several  instances  the  written  minutes  merely  state  that  reports  are 
made,  which  reports  Avere  received  and  adopted,  while  the  minutes  show 
that  such  reports  contained  important  recommendations  or  resolutions. 
—1884,  p.  116. 

C.  The  records  of  the  Synod  of  Missouri  were  approved,  with  this 
exception,  to  wit: 

The  report  of  the  Standing  Committee  on  Schools  and  Colleges  is 
entered  in  full  upon  the  records,  pp.  333  to  335,  but  no  action  of  the 
Synod  with  respect  to  this  report  is  recorded. — 1883,  p.  688. 

d.  The«records  of  the  Synod  of  Texas  were  approved,  with  the  excep- 
tion: That  on  pp.  223  and  224,  the  record  is  made  of  the  approval  of 
reports  of  Committees  on  Systematic  Beneficence,  Publication  and 
Foreign  Missions,  but  no  record  of  the  reports  themselves,  nor  of  their 
having  been  placed  on  file. — 1890,  p.  105. 

e.  The  records  of  the  Synod  of  North  Dakota  for  1888  were 
approved.  The  records  of  the  same  Synod,  for  1889,  were  approved, 
with  the  following  exceptions:  1.  The  omission  from  p.  3  of  a  report, 
which  had  been  received  and  adopted.     2.  There  is  no  record  that  the 


254  FORM  OF  GOVERNMENT,  CHAP.  XI. 

minutes  of  the  last  three  sessions  of  the  Synod  were  approved. — 1890, 
p.  105. 

f.  The  records  of  the  Synod  of  South  Dakota  were  approved  with  the 
exception  that  the  report  of  the  Committee  on  Home  Missions,  after  being 
adopted,  was  recorded  only  "  substantially  "  instead  of  in  full. — 1894, 
p.  181. 

g.  The  records  of  the  Synod  of  Kansas,  except  that  in  three  places, 
viz.,  pp.  346,  347,  it  is  stated  that  the  report  of  a  certain  Committee 
was  adopted,  but  the  report  itself  is  not  given  either  in  form  or  sub- 
stance.— 1895,  p.  124. 

h.  The  records  of  the  Synod  of  North  Dakota  for  1893  and  1894 
were  approved,  mth  the  following  exceptions: 

Minutes  of  1893:  1.  That  the  written  reports  of  the  Committees  are 
not  attached  to  the  minutes,  and  that  the  resolutions  and  recommendations 
of  the  same  are  not  written  up  and  embodied  in  the  minutes. 

2.  That  the  report  of  the  Synodical  missionary  referred  to  on  p.  6,  as 
filed  under  N,  does  not  appear  iu  the  minutes,  nor  on  the  file. 

3.  That  the  exceptions  of  the  Synod' s  Committee  on  the  Minutes  of  the 
Presbytery  of  Bismarck  (see  p.  6)  do  not  appear  in  the  minutes  of  the 
Synod,  and  are  not  clearly  written  upon  the  file. 

Minutes  of  1894:  That  the  Treasurer' s  report,  p.  18,  is  neither  attached 
to  the  minutes  nor  on  file. — 1895,  pp.  124,  125. 

i.  The  records  of  the  Synod  of  Texas  were  approved,  with  the  follow- 
ing exception :  That  on  pp.  223  and  224,  the  record  is  made  of  the 
approval  of  reports  of  Committees  on  Systematic  Beneficence,  Publication 
and  Foreign  Missions,  but  no  record  of  the  reports  themselves  nor  of  their 
having  been  placed  on  file. 

The  records  of  the  Synod  of  North  Dakota  for  1888  were  approved. 
The  records   of    the  same   Synod  for   1889    were  approved,    Avith  the 
following  exceptions:  1.   The  omission  from  p.  3  of  a  report,  which  had 
been  received  and  adopted.     2.  There  is  no  record  that  the  minutes  of 
the  last  three  sessions  of  the  Synod  were  approved. — 1890,  p.  105. 

k.  Synod  of  North  Dakota,  except  that  the  report  of  the  Committee 
on  Finance  is  recorded,  but  the  record  fails  to  show  any  action  thereon. 
—1896,  p.  155. 

17.  A  narrative  of  the  state  of  religion  should  be  prepared  and  recorded. 

a.  The  records  of  the  Synod  of  Illinois  were  approved,  Avith  the  follow- 
ing exception,  viz. : 

At  the  sessions  of  Synod  iu  October,  1846,  it  does  not  appear  from  the 
records  that  a  narrative  of  the  state  of  religion  was  prepared.  Such  an 
omission  is  considered  contrary  to  the  general  usage  of  Synods,  and  not 
for  the  edification  of  the  Church. — 1849,  p.  176,  N.  S. 

b.  The  records  of  the  Synod  of  Illinois  were  approved,  except  ' '  that 
they  do  not  contain  the  narrative  on  the  state  of  religion  \vhich  was 
presented  by  the  Committee  on  that  subject  at  the  sessions  of  the  Sj-nod 
in  1854,  p.  434."— 1857,  p.  387,  N.  S.;  1861,  p.  462,  N.  S.;  1862, 
p.  28,  N.  S. 

C.  Resolved,  That  the  Assembly  earnestly  recommend  to  the  Presby- 
teries and  Synods  to  record  in  their  minutes  the  narrative  of  religion,  and 
all  other  important  papers. — 1870,  p.  91. 

d.  The  records  of  the  Synod  of  Illinois  approved  except  in  the 
omission  of  the  narrative.- — 1881,  p.  593. 


OF   THE   SYNOD.  255 

e.  The  records  of  the  Synod  of  Washington  were  approved,  with  the 
following  exceptions: 

The  omission  of  the  report  of  the  Treasurer,  p.  23;  of  the  report 
concerning  Spokane  University,  p.  33,  and  also  of  the  narrative,  p.  36. 
It  is  proper  that  these  reports,  as  approved  by  Synod,  should  be 
engrossed,  that  a  reference  index  of  the  minutes  should  be  continued, 
and  that  care  be  taken  in  engrossing  the  minutes. — 1892,  p.  200. 

18.  The  records  must  be  presented  annually. 

a.  Ordered,  That  the  minutes  of  the  respective  Synods  be  laid  yearly 
before  the  General  Assembly,  to  be  by  them  revised. — 1789,  p.  7. 

b.  Overture  No.  6  was  taken  up,  viz.,  a  request  of  the  Synod  of 
Indiana,  that  the  General  Assembly  be  requested  to  dispense  with  Synodi- 
oal  reports  in  future. 

Resolved,  That  this  request  cannot  be  granted  because  it  is  unconstitu- 
tional.—1830,  p,  302. 

C.  Resolved,  That  the  respective  Synods  make  yearly  reports  to  the 
General  Assembly  of  all  the  liceusui*es,  ordinations  and  installments,  trans- 
lations and  deaths,  and  whatever  changes  may  take  place  among  the 
members  within  their  bounds. — 1789,  p.  7. 

[Note. — See  under  Book  of  Discipline,  Chap,  ix,  Sec.  Ixxi.] 

d.  The  Committee  on  the  Records  of  the  Synod  of  Wisconsin  reported 
that  they  have  been  subjected  to  an  increased  amount  of  labor  in  exam- 
ining the  minutes  of  this  Synod  in  consequence  of  the  failure  of  the 
Stated  Clerk  to  send  up  the  records  annually  to  the  Assembly,  as  our 
rules  require.  The  minutes  of  this  body  have  not  been  brought  under  the 
inspection  of  the  Assembly  since  May,  1860,  leaving  an  accumulation  of 
four  years  of  unexamined  and  unapproved  records. 

There  are  indications  that  the  Stated  Clerk  has  been  delinquent  in 
punctually  recording  the  annual  minutes  as  taken  by  the  Temporary 
Clerk.  In  this  way  the  records  were  probably  not  in  readiness  to  be  sent 
to  the  Assembly  at  the  proper  time  by  the  commissioners  annually 
appointed.  The  report  was  adopted.— 1864,  p.  482,  N.  S.  [See  1856, 
p.  519,  O.  S.] 

e.  Records  of  the  Synod  of  Wabash  approved,  except  that  they  have 
not  been  presented  to  the  Assembly  since  1859. — 1861,  p.  462,  N.  S. 

f.  Records  of  Synod  of  Columbus,  except  that  these  records  have  not 
been  presented  to  the  Assembly  since  the  reconstruction  of  the  Synod  in 
1870.-1872,  p.  68. 

g.  Resolved,  That  the  Stated  Clerk  be  directed  to  remind  the  Synod  of 
Alta  California  of  its  neglect  of  duty  in  the  failui'e  for  several  years  to 
send  its  records  to  the  General  Assembly  for  review. — 1868,  p.  15,  N.  S. 

h.  The  Synods  of  Atlantic,  China,  Harrisburg,  Illinois  South, 
Indiana  North,  Kansas  and  Pacific  were  directed,  at  their  next  regular 
meeting,  to  call  their  Stated  Clerks  to  account  for  not  having  sent  up  their 
records  to  this  Assembly. — 1872,  p.  68. 

i.  Synod  of  Baltimore.  No  certified  copy  of  the  minutes  present  in 
the  Assembly.  Directed  to  send  a  certified  copy  of  its  minutes  to  the 
next  Assembly. — 1884,  p.  116. 

j.  The  records  of  the  Synod  of  Texas  were  approved,  with  the  excep- 
tion that  the  minutes  of  this  Synod  were  not  presented  last  year  to  the 
Assembly  for  examination  and  review. — 1894,  p.  181. 


256  FORM  OF  GOVERNMENT,  CHAP.  XI. 

k.  The  records  of  the  Synod  of  North  Dakota  were  not  presented  for 
review.— 1894,  p.  181. 

19.  The  Synod  of  Tennessee  directed  to  expunge  certain  matter. 

That  the  attention  of  the  Synod  is  called  to  the  uu happy  wording  of  a 
resolution  on  the  inspiration  of  the  Scriptures  found  on  p.  223,  and  the 
Synod  is  directed  to  expunge  the  second  clause  of  said  resolution,  begin- 
ning with  the  words,  "  and  if  there  are  any  errors." — 1895,  p.  125. 

20.  The  records  must  show  all  changes  in  the  Presbyteries. 

The  records  of  the  Synod  of  Albany  approved  as  orderly  and  correct, 
excepting  that  the  Presbyterial  reports  are  not  so  fully  recorded  as  to 
exhibit  in  detail  even  the  changes  which  take  place  from  time  to  time  in 
the  Presbyteries. — 1811,  p.  479. 

21.  Absentees  must  be  called  to  answer,  and  reasons  given  for  tardiness. 

a.  The  Committee  appointed  to  examine  the  records  of  the  Synod  of 
Virginia  reported,  and  the  book  was  approved  to  page  8.3,  with  the 
exception  of  a  resolution  found  on  page  82,  in  which  the  Synod  deter- 
mined to  discontinue  the  practice  of  calling  upon  their  members  for  the 
reasons  of  their  absence  from  its  meetings. — 1825,  p.  140. 

b.  Synod  of  New  York,  except  "  that  reasons  for  tardiness  do  not 
appear  to  have  been  required  of  those  who  were  not  present  at  the  opening 
of  Synod."— 1873,  p.  506. 

22.  Names  of  absentees  should  be  recorded,  and  excuse  for  absence 

required. 

The  records  of  the  Synod  of  Peoria  were  approved,  except  "  that  in 
the  roll  of  the  Synod  record  is  made  that  no  members  of  the  Presbytery 
of  Belvidere  were  present,  but  no  record  of  the  names  of  absentees."  — 
1850,  p.  314,  N.  S. 

a.  The  records  of  the  Synod  of  Mississippi  approved,  except  "  that  the 
absentees  are  not  recorded  in  their  meetings  of  1854  and  1855." — 1856, 
p.  638,  O.  S. 

b.  The  records  of  the  Synod  of  Philadelphia  approved,  except  "  that 
there  is  no  record  of  absentees  from  the  meeting." — 1852,  p.  216,  O.  S. 

C.  The  records  of  the  Synod  of  Philadelphia  were  approved,  with 
the  exception  that  no  record  is  made  of  the  names  of  absentees,  and  no 
excuse  for  absence  required. — 1868,  p.  640,  O.  S. 

d.  Synod  of  Missouri,  except  that  there  is  no  record  of  absentees  from 
the  last  meeting.      (See  Moore's  Dig^es^,  1873.) — 1882,  p.  94. 

e.  Synod  of  North  Dakota,  except  ( 1 )  that  the  roll  of  Synod  fails  to 
record  absentees  {Minutes,  General  Assembly,  1882,  p.  94). 

(2)  On  p.  5  of  the  minutes,  it  is  stated  that  the  names  of  additional 
members  were  enrolled,  but  the  names  are  not  given,  and  the  roll  nowhere 
shows  the  completed  roll  of  members  in  attendance. — 1896,  p.  154. 

23.  Synod  may  not  suspend  absentees  without  trial. 

The  records  of  the  Synod  of  the  Carolinas  were  approved,  with  the 
exception  of  the  resolution  to  make  a  minister  liable  to  suspension,  with- 
out trial,  for  three  years'  absence  from  Synod,  without  sending  forward 
his  reason  for  absence. — 1811,  p.  468. 


OF    THE    SYNOD.  257 

24.  The  minutes  should  be  read  and  approved. 

a.  The  records  of  tlie  Synod  of  Cinciuuati  approved,  except  "  the 
omission  at  the  opening  of  each  session  to  read  the  minutes  of  the  previ- 
ous session,  with  no  evidence  in  the  records  that  the  minutes  were  approved 
by  Synod."— 1849,  p.  177,  N.  S. 

b.  Synod  of  Wabash,  except  "  that  on  pp.  51  and  52  the  Synod  met 
and  proceeded  to  business  without  reading  the  minutes  of  the  previous 
day's  session.  On  page  59,  the  Synod  closed  its  annual  sessions  and 
adjourned  without  reading  or  approving  the  minutes  of  the  Clerk." — 
1854,  p.  500,  N.  S. 

C.  The  records  of  the  Synod  of  Wisconsin,  except  that  "  during  the 
sessions  of  1852  there  is  no  evidence  that  the  Synod  read,  corrected  or 
approved  the  records;  though  on  p.  16  it  appears  that  the  records  of 
that  year  were  read  twelve  months  after,  in  Synod,  though  still  there  is 
no  evidence  that  they  were  approved  by  it.  The  minutes  of  1853  do  not 
appear  to  have  been  ever  read  or  approved  in  Synod.  And  the  records 
of  1854  were  not  read  and  approved  till  the  meeting  of  1855." — 1856, 
p.  520,  O.  S. 

d.  The  records  of  the  Synod  of  Pennsylvania  were  approved,  except- 
ing ' '  that  it  does  not  appear  from  the  book  that  the  records  have  ever 
been  approved  by  the  Synod." — 1857,  p.  387,  N.  S. 

e.  Synod  of  Arkansas,  ' '  the  minutes  were  not  read  and  approved. ' ' 
—1860,  p.  34,  O.  S. 

f.  Exception  (to  the  records  of  the  Synod  of  Cincinnati)  in  not 
approving  the  minutes  of  the  last  day  of  the  meeting  of  the  Synod, 
held  at  Cincinnati,  February  14,  1878,  before  their  adjournment. — 
1878,  p.  118. 

g.  The  Synod  of  Minnesota  adjourned  without  the  reading  and  ap- 
proval of  their  minutes  of  the  last  day  of  the  session. — 1884,  p.  116. 

h.  The  Synod  of  Atlantic  omitted  to  approve  the  minutes  of  the  last 
day  of  its  meeting,  before  sending  their  records  to  the  Assembly. — 1891, 
p.  188. 

i.  There  is  no  record  that  the  minutes  of  the  last  three  sessions  of  the 
Synod  of  Dakota  were  approved. — 1890,  p.  105. 

25.  No  second  approval  of  the  minutes  is  required. 

Overtures  from  the  Presbyteries  of  Kittanning  and  Butler,  asking 
whether  it  is  necessary  formally  to  approve,  after  they  are  engrossed, 
minutes  which  were  approved  before  they  were  engrossed  ?  Your  Com- 
mittee recommend  that  the  answer  be  as  follows: 

It  is  the  regular  custom  of  our  Presbyteries  to  read  all  minutes  at  the 
close  of  the  session  from  the  original  copy  for  approval,  and  to  record 
such  approval  in  the  minutes  themselves.  It  is  usual  to  read  the 
engrossed  copy  at  the  next  session  of  Presbytery  for  information,  and  if 
clerical  errors  be  discovered  they  should  be  corrected  by  resolution,  but 
no  second  resolution  for  the  approval  of  said  minutes  is  or  should  be 
required.— 1892,  p.  188. 

26.  The  minutes  must  be  attested  by  the  Stated  or  Permanent  Clerk. 

The  records  of  the  Synod  of  Erie  approved,  except  that  they  lack 
attestation  by  the  signature  of  either  the  Stated  or  Permanent  Clerk. — 
1882,  p.  94;  1854,  pp.  500,  501,  N.  S. ;  1862,  p.  28,  N.  S. 

The  Committee  on  the  Records  of  the  Synod  of  Tennessee  reported 

17 


2o8  FORM  OF  GOVERNMENT,  CHAPS.  XI-XII. 

that,  having  examined  these  records,  they  found  them  well  kept  and  in 
good  order;  they  have,  however,  only  the  attestation  of  the  Temporary 
Clerks.  This  is  due  to  the  sad  fact  that  the  Stated  Clerk,  the  Rev.  T. 
J.  Lamar,  was  seriously  sick  at  home  during  the  meeting  of  the  Synod, 
and  died  soon  after.  Your  Committee  therefore  recommend  that  the 
attestation  of  the  Temporary  Clerks  be  accepted  and  the  minutes  ap- 
proved.    Adopted. — 1887,  p.  131. 

27.  Records  should  be  kept  in  handwriting. 

The  records  of  the  Synod  of  Iowa  were  presented  in  printed  form,  and 
were  approved,  but  the  Synod  was  advised  hereafter  to  keep  the  same  in 
handwriting. — 1883,  p.  688. 

28.  Permission  to  present  printed  records :  conditions  prescribed. 

Overtures  from  the  Synod  of  Iowa,  requesting  permission  to  keep  its 
records  hereafter  in  printed  instead  of  written  form;  and  from  the  Stated 
Clerks  of  several  of  the  Synods,  presenting  a  similar  request,  and  asking 
that  some  uniform  plan  be  adopted  for  the  guidance  of  the  Synods  in  this 
matter. 

The  Committee  recommends  that  any  Synod,  which  shall  so  elect,  be 
authorized  to  keep  its  minutes  in  printed  form,  and  to  dispense  with  written 
records ;  provided, 

(1)  That  such  printed  minutes  be  complete  and  accurate  in  all  details. 

(2)  That  they  be  uniform  as  to  size  of  page  with  the  minutes  of  the 
Assembly. 

(3)  That  the  copy  submitted  by  each  Synod  to  the  Assembly  for 
review  be  attested  by  the  certificate  of  the  Stated  Clerk  of  the  Synod  in 
writing;  and  that  blank  pages  be  left  at  the  end  for  recording  any  excep- 
tions that  may  be  taken. 

(4)  That  at  least  two  additional  copies  of  each  and  every  issue  be 
transmitted  to  the  Stated  Clerk  of  the  Assembly,  and  two  deposited  in 
the  Library  of  the  Presbyterian  Historical  Society.  Adopted. — 1884, 
p.  75. 

29.  All  the  church  judicatories  may  follow  the  above  rule. 

From  the  Synod  of  New  York,  asking  whether  the  principle  established 
in  relation  to  the  records  of  Synods  {Minutes,  1884,  p.  75)  does  not 
apply  to  those  of  Presbyteries  also. 

Answer  in  the  affirmative.  All  our  Church  courts  may  follow  the  same 
rule,  only  observing  with  care  the  provisos  1,  2,  3  and  4  above. — 1889, 
p.  101. 

[NoTK. — See  under  Book  of  Discipline,  Chap,  ix,  sub-Sec.  Ixxi.] 

30.  The  prescribed  conditions  must  be  complied  with. 

a.  The  Committee  on  the  Records  of  the  Synod  of  China  reported  that 
the  printed  copy  submitted  does  not  conform  to  the  conditions  required 
by  the  Assembly,  as  given  in  the  Digest  (p.  512),  with  reference  to 
2)rinted  records,  viz. : 

1.  "  That  they  be  uniform  as  to  size  of  page  with  the  Minutes  of  the 
Assembly. 

2.  "  That  the  copy  submitted  by  each  Synod  to  the  Assembly  for  review 
l>e  attested  by  the  certificate  of  the  Stated  Clerk  of  the  Synod  in  writing, 
and  that  blank  pages  be  left  at  the  end  for  recording  any  exceptions  that 
may  be  taken. ' ' 


OF   THE    GENERAL    ASSEMBLY.  259 

Your  Committee  therefore  recoinmeud  that  the  copy  of  the  minutes  of 
the  Synod  of  Cliina  be  returned  to  the  Stated  Clerk  of  said  Synod  for 
correction,  in  accordance  with  the  above  rules,  and  that  it  be  presented  for 
examination  to  the  next  General  Assembly.      Adopted. — 1889,  p.  133. 

b.  The  Committee  on  the  Records  of  the  Synod  of  India  recommended 
their  approval  with  the  exceptions:  1.  That  the  certificate  of  the  Stated 
Clerk  is  not  affixed  in  writing.  2.  That  no  blank  pages  have  been  left 
for  corrections,  as  is  required  in  the  case  of  records  presented  in  print 
(Digest,  p.  513).     Adopted.— 1889,  p.  133. 

C.  The  Committee  on  the  Records  of  the  Synod  of  Michigan  recom- 
mended their  approval  Avith  the  exceptions:  1.  As  the  minutes  are 
printed,  they  are  not  attested  by  the  certificate  of  the  Stated  Clerk  in 
writing.  2.  There  is  no  blank  page  for  the  recording  of  the  Assembly's 
approval.     Adopted. — 1889,  p.  133. 

d.  The  records  of  the  Synod  of  Baltimore  were  approved  with  the 
following  exception :  That  the  printed  copy  submitted  to  your  Committee, 
though  properly  certified,  does  not  correspond  to  the  General  Assembly's 
requirements  in  two  other  particulars,  viz. :  (a)  In  that  the  pages  are  not 
conformable  in  size  to  those  of  the  General  Assembly's  Minutes;  (6) 
though  a  leaf  of  writing  paper  has  been  pasted  in,  blank  pages  have  not 
been  left  as  required,  in  the  make-up  of  the  printed  copy,  for  the  record- 
ing of  exceptions. — 1890,  p.  105. 

31.  Synodical  Reports  to  the  Assembly. 

A  Statistical  Report  is  to  be  forwarded  to  the  Assembly  by  the  Stated 
Clerk  of  every  Synod,  in  wliich  are  to  be  stated  the  number  of  Presby- 
teries, ministers,  churches,  licentiates  and  candidates,  within  their  bounds, 
and  how  distributed,  the  changes  which  may  have  been  made  in  the  num- 
ber or  arrangement  of  their  Presbyteries,  the  names  of  the  Stated  Clerks 
of  the  Presbyteries,  the  place  and  hour  of  the  next  annual  meeting,  and 
the  name  of  the  Moderator  and  Stated  Clerk  of  the  Synod.  Such  a 
report  is  necessary  in  order  to  the  correctness  of  the  tabular  report  of  the 
Synods  printed  in  the  appendix  to  the  Minutes. 


CHAPTER  XII. 

OF  THE  GENERAL  ASSEMBLY.^ 

I  The  General  Assembly  is  the  highest  judicatory  of  the  Presbyterian 
Church.  It  shall  represent,  in  one  body,  all  the  particular  churches  of 
this  denomination;  and  shall  bear  the  title  of  The  General  Assembly 
OF  the  Presbyterian  Church  in  the  United  States  of  America. 

*  The  radical  principles  of  Presbyterian  church  government  and  discipline  are : 
That  the  several  different  congregations  of  believers,  taken  c<;llectively,  constitute  one 
Church  of  Christ,  called  emphatically  the  Church ;  that  a  larger  part  of  the  Church, 
or  a  representation  of  it,  should  govern  a  smaller,  or  determine  matters  of  contro- 
versy which  arise  therein;  that,  in  like  manner,  a  representation  of  the  whole  should 
govern  and  determine  in  regard  to  every  part  and  to  all  the  parts  united — that  is,  that 
a  majority  shall  govern;  and  consequently  that  appeals  may  be  carried  from  lower  to 
higher  judicatories,  till  they  be  finally  decided  by  the  collected  wisdom  and  united 
voice  of  the  whole  Church.  For  these  principles  and  this  procedure,  the  example  of 
the  apostles  and  the  practice  of  the  primitive  Church  are  considered  as  authority. 
•See  Acts  XV.  1-29,  xvi.  4,  and  the  proofs  adduced  under  the  last  three  chapters. 


260  FORM  OF  GOVERNMENT,  CHAP.  XII. 

1.  Formation  of  the  General  Assembly. 

a.  The  Synod,  considering  the  number  and  extent  of  the  churches 
under  their  care,  and  the  inconvenience  of  the  present  mode  of  govern- 
ment by  one  Synod, 

Resolved,  That  this  Synod  will  establish  out  of  its  own  body  three  or 
more  subordinate  Synods,  out  of  which  shall  be  composed  a  General 
Assembly,  Synod  or  Council,  agreeably  to  a  system  hereafter  to  be 
adopted. — 1786,  p.  517. 

b.  Resolved  unanimously,  That  this  Synod  be  divided,  and  it  is  hereby 
divided,  into  four  Synods,  agreeably  to  an  Act  made  and  provided  for 
that  purpose  in  the  sessions  of  Synod  in  the  year  one  thousand  seven 
hundred  and  eighty-six ;  and  that  this  division  shall  commence  on  the 
dissolution  of  the  present  Synod. 

Resolved,  That  the  first  meeting  of  the  General  Assembly,  to  be  con- 
stituted out  of  the  above  said  four  Synpds,  be  held,  and  it  is  hereby 
apjjoiuted  to  be  held,  on  the  third  Thursday  of  May,  one  thousand  seven 
hundred  and  eighty -nine,  in  the  Second  Presbyterian  Church  in  the  city 
of  Philadelphia,  at  eleven  o'clock  A.M.;  and  that  Dr.  Witherspoon,  or, 
in  his  absence,  Dr.  Rogers,  open  the  General  Assembly  with  a  sermon, 
and  preside  till  a  Moderator  be  chosen. — 1788,  p.  548. 

2.  Organization  of  the  Assembly. 

Usage  has  fixed  the  third  Thursday  of  May,  at  11  A.M.,  as  the  time 
for  the  annual  meeting  of  the  Assembly.  The  last  Moderator  present, 
being  a  commissioner,  or,  if  there  be  none,  the  senior  member  present, 
preaches  the  sermon,  and  then  opens  the  session  with  prayer,  and  presides 
during  the  organization  of  the  Assembly.  The  Committee  on  Commis- 
sions report;  irregular  commissions  are  referred  to  a  special  Committee, 
who  report,  and  the  roll  is  completed.  A  Moderator  and  Temporary 
Clerks  are  chosen,  and  the  Assembly  is  ready  for  business. 

3.  Rules  of  organization.    Committee  on  Commissions. 

Resolved,  That  the  Permanent  and  Stated  Clerks  be  and  they  hereby 
are  appointed  a  Standing  Committee  of  Commissions;  and  that  the  com- 
missioners to  future  Assemblies  hand  their  commissions  to  said  Committee, 
in  the  room  in  which  the  Assembly  shall  hold  its  sessions,  on  the  morning 
of  the  day  on  which  the  Assembly  opens,  previous  to  11  o'clock;  and 
further,  that  all  commissions  which  may  be  presented  during  the  sessions 
of  the  Assembly,  instead  of  being  read  in  the  house,  shall  be  examined 
by  said  Committee,  and  reported  to  the  Assembly. — 1829,  p.  269. 

I.  That  the  Committee  of  Commissions  shall,  in  the  afternoon,  report 
the  names  of  all  whose  commissions  shall  appear  to  be  regular  and  con- 
stitutional and  the  persons  whose  names  shall  thus  be  reported  shall 
immediately  take  their  seats  and  proceed  to  business. 

II.  The  first  act  of  the  Assembly,  when  thus  ready  for  business,  shall 
be  the  appointment  of  a  CommiUee  of  Elections,  whose  duty  it  shall  be 
to  examine  all  informal  and  unconstitutional  commissions,  and  report  on 
the  same  as  soon  as  practicable. — 1826,  p.  191. 

STANDING  ORDER. 

The  credentials  of  commissioners  and  delegates  are  to  be  presented  at 
a  previous  hour  of  the  same  day,  or  of  the  preceding  day,  according  to 


OF   THE    GENERAL    ASSEMBLY.  261 

public  notice,  to  the  Stated  and  Permanent  Clerks,  acting  as  a  Standing 
Committee  on  Commissions. 

[Note. — For  usage  as  to  informal  and  unconstitutional  commissions,  see  under 
Form  of  Government,  Chap,  xxii,  Sec.  ii.] 

4.  Of  the  mode  of  choosing  the  Moderator  of  the  Assembly. 

On  motion  agreed  that  it  be  the  standing  rule  of  the  General  Assembly, 
in  choosing  a  Moderator,  that  any  commissioner  may  nominate  a  candidate 
for  the  chair.  The  candidates  so  pointed  out  shall  then  severally  give 
their  votes  for  some  one  of  their  number,  and  withdraw;  when  the  remain- 
ing commissioners  shall  proceed,  viva  voce,  to  choose  by  a  plurality  of 
votes  one  of  said  candidates  for  Moderator. — 1791,  p.  39. 

In  the  Assembly  of  1846,  O.  S.,  it  was 

Resolved,  That  a  majority  of  all  the  votes  given  for  Moderator  be  nec- 
essary for  a  choice. — p.  189.  See  1887,  p.  10.  But  the  Standing  Rule 
is  as  above. 

5.  Of  the  maimer  of  installing  the  Moderator. 

The  Committee  appointed  to  examine  the  rules  of  the  house,  and  to 
add  to  them,  if  they  should  judge  it  necessary,  a  rule  directing  the 
method  in  Avhich  a  Moderator,  after  his  election,  shall  be  introduced  to  his 
office,  made  their  report,  which  was  agreed  to,  and  is  as  follows: 

Your  Committee  report  that  when  a  new  Moderator  hath  been  elected, 
before  he  take  the  chair,  the  former  Moderator  shall  address  him  and  the 
house,  in  the  following  or  like  manner,  viz. : 

Sir:  It  is  my  duty  to  inform  you,  and  announce  to  this  house,  that  you 
are  duly  elected  to  the  office  of  Moderator  in  this  General  Assembly.  For 
your  direction  in  office,  and  for  the  direction  of  this  Assembly  in  all  your 
deliberations,  before  I  leave  this  seat,  I  am  to  read  to  you  and  this  house 
the  rules  contained  in  the  records  of  this  Assembly,  which  I  doubt  not 
will  be  carefully  observed  by  both,  in  conducting  the  business  that  may 
come  before  you. 

[Here  the  Moderator  is  to  read  the  rules,*  and  afterward  add:] 

Now,  having  read  these  rules,  according  to  order,  for  your  instruction 
as  Moderator,  and  for  the  direction  of  all  the  members  in  the  management 
of  business,  prayiug  that  Almighty  God  may  direct  and  bless  all  the 
deliberations  of  this  Assembly  for  the  glory  of  His  name,  and  for  the 
edification  and  comfort  of  the  Presbyterian  Church  in  the  United  States, 
I  resign  my  place  and  office  as  Moderator. — 1791,  p.  34;  1822,  pp. 
43,  44. 

Rules  relating  to  the  Moderator. 

1.  The  Moderator  shall  take  the  chair  precisely  at  the  hour  to  which 
the  judicatory  stands  adjourned,  shall  immediately  call  the  members  to 
order,  and  on  the  appearance  of  a  quorum  shall  open  the  session  with 
prayer. 

4.  It  shall  be  the  duty  of  the  Moderator,  at  all  times,  to  preserve 
order,  and  to  endeavor  to  conduct  all  business  before  the  judicatory  to  a 
speedy  and  proper  result. 

5.  It  shall  be  the  duty  of  the  Moderator  carefully  to  keep  notes  of  the 

*  Instead  of  reading  the  rules,  it  has  become  usage  to  put  the  book  containing  them 
formally  in  the  hands  of  the  new  Moderator,  and  to  make  the  necessarj^  change  in 
the  formula  above.  See  General  Rules  for  Judicatories.  For  convenience  such  as 
concern  the  Moderator  in  the  discharge  of  his  dutv  are  given  here. 


262  FORM  OF  GOVERNMENT,  CHAP.  XII. 

several  articles  of  busiuess  which  may  be  assigned  to  particular  days,  and 
to  call  them  up  at  the  time  appointed. 

6.  The  Moderator  may  speak  to  points  of  order,  in  preference  to  other 
members,  rising  from  his  seat  for  that  purpose,  and  shall  decide  questions 
of  order,  subject  to  an  appeal  to  the  judicatory  by  any  two  members. 

7.  The  Moderator  shall  appoint  all  Committees,  except  in  those  cases 
in  which  the  judicatory  shall  decide  otherwise. 

8.  When  a  vote  is  taken  by  ballot  in  any  judicatory,  the  Moderator 
shall  vote  Avith  the  other  members ;  but  he  shall  not  vote  in  any  other  case, 
unless  the  judicatory  be  equally  divided;  when,  if  he  does  not  choose  to 
vote,  the  question  shall  be  lost. 

6.  Communications  addressed  to  the  Moderator. 

Resolved,  That  every  letter  or  communication  addressed  to  the  Modera- 
tor be  opened  and  read  by  him,  and  at  his  discretion  be  either  communi- 
cated immediately  to  the  Assembly  for  their  decision,  or  to  the  Committee 
of  Overtures,  to  be  by  them  brought  before  the  house  in  the  ordinary 
channel. — 1794,  p.  79. 

This  rule  was  superseded  by  Rule  xi  of  General  Rules  for  Judicatories: 
'  *  The  Stated  Clerk  shall  receive  all  memorials,  overtures  and  other  papers 
addressed  to  the  General  Assembly,  shall  make  record  of  the  same,  and 
shall  then  deliver  them  to  the  Standing  Committee  of  Bills  and  Over- 
tures."—1884,  p.  106,  107. 

7.  The  Moderator  may  not  have  a  double  vote. 

On  the  question  being  taken,  the  IVIoderator  claimed  a  right  to  a  vote 
as  a  commissioner  from  the  Presbytery  of  Albany,  distinct  from  the  cast- 
ing vote.  He  left  it  to  the  house  to  decide  on  the  claim.  The  house, 
having  taken  a  vote  on  the  subject,  decided  by  a  great  majority  against 
the  Moderator's  claim. — 1798,  p.  140. 

8.  The  Moderator,  when  a  member  of  a  court  appealed  from,  or  a  party 
in  the  case,  will  not  preside. 

a.  The  Moderator,  being  a  member  of  the  Synod  of  Philadelphia 
(ajipealed  from),  withdrew,  and  Dr.  M' Knight  took  the  chair. — 1792, 
p.  56. 

b.  Appeal  of  Pope  Bushnell.  The  Moderator,  being  a  member  of  the 
Synod  appealed  from,  Mr.  Jennings,  the  last  Moderator  present,  took 
the  chair.— 1826,  p.  184. 

C.  Judicial  Case  No.  1  was  taken  up.  The  Moderator,  being  a  party 
in  the  case,  vacated  the  chair,  and  on  motion.  Dr.  Krebs  was  requested 
to  act  as  Moderator  during  the  trial  of  the  case. — 1866,  p.  48,  O.  S. 

9.  Standing  orders  and  rules. 

1.  The  General  Assemlily  meets  invariably  on  the  third  Thursday  of 
May,  annually,  at  11  o'clock  A.M. 

2.  The  credentials  of  commissioners  and  delegates  are  to  be  presented 
at  a  previous  hour  of  the  same  day,  or  of  the  preceding  day,  according 
to  public  notice,  to  the  Stated  and  Permanent  Clerks,  acting  as  a  Per- 
manent Committee  on  Commissions. 

3.  The  Lord's  Supper  is  to  be  celebrated  by  the  Assembly  on  the 
evening  of  Thursday,  the  first  day  of  its  sessions. 

4.  The  evenings  of  the  days  of  session  are  assigned  to  popular  meetings 
in  the  following  order; 


OF    THE    GENERAL    ASSEMBLY.  263 

The  evening  of  Friday,  the  second  day,  to  the  Presbyterian  Board  of 
Publication  and  Sabbath -school  Work  and  the  Sabbath-school  interests  of 
the  Church. 

The  afternoon  of  the  first  Sunday  to  the  Woman's  Executive  Com- 
mittee of  Home  Missions;  the  evening  to  Young  People's  Work  for 
Home  and  Foreign  Missions. 

The  evening  of  Monday,  the  fourth  day,  to  Missions  among  the 
Freedmen. 

The  evening  of  Tuesday,  the  fifth  day,  to  the  Home  Mission  AVork. 

The  evening  of  Wednesday,  the  sixth  day,  to  the  Foreign  Mission 
Work. 

The  evening  of  Friday,  the  eighth  day,  to  the  cause  of  Temperance. 

The  evening  of  the  second  Sunday  to  Aid  for  Colleges  and  Academies. 

5.  The  reports  of  the  Standing  Committees  shall  be  considered  at  the 
times  herein  designated,  viz. : 

Ministerial  Relief,   Saturday,  at  10  o'clock  A.M. 

Freedmen,  Monday,  at  10  o'clock  A.M. 

Education,  Monday,  at  3  o'clock  P.M. 

Home  Missions,  Tuesday,  at  10  o'clock  A.M. 

Aid  for  Colleges  and  Academies,  Tuesday,  at  3  o'  clock  P.  M. 

Foreign  Missions,  Wednesday,  at  10  o'clock  A.M. 

Publication  and  Sabbath -school  Work,  Wednesday,  at  3  o'clock  P.M. 

Church  Erection,  second  Thursday,  at  3  o'clock  P.M. 

Benevolence,  second  Thursday,  at  7.30  o'clock  P.M. 

Temperance,  second  Friday,  at  3  o'clock  P.M. 

6.  That  the  Standing  Committees  on  Home  Missions  and  Foreign 
Missions  have  each  two  and  a  half  hours;  and  those  on  Education, 
Publication,  Church  Erection,  Ministerial  Relief,  Freedmen,  Temper- 
ance and  Aid  for  Colleges,  have  each  one  and  a  half  hours.  That  the 
Secretaries  and  the  Chairmen  of  the  Standing  and  Special  Committees  be 
requested  to  make  their  statements  within  the  limits  of  half  an  hour. 

7.  The  Stated  Clerk  shall  receive  all  memorials,  overtures,  and  other 
miscellaneous  papers  addressed  to  the  General  Assembly,  shall  make 
record  of  the  same,  and  then  deliver  them  for  distribution  or  reference 
to  the  Standing  Committee  on  Bills  and  Overtures.  All  complaints  and 
appeals,  however,  shall  be  transmitted  by  the  Stated  Clerk  directly  to 
the  Judicial  Committee. 

8.  All  Special  Committees  appointed  by  one  General  Assembly  to 
report  to  the  next  Assembly,  shall  be  ready  to  present  their  reports  on  the 
second  day  of  the  session. 

9.  The  Stated  Clerk  shall  have  printed  and  ready  for  distribution,  so 
far  as  practicable,  on  the  morning  of  the  day  fixed  for  their  considera- 
tion, the  resolutions  appended  to  the  reports  of  Special  Committees 
appointed  at  previous  Assemblies  to  report  at  that  meeting. 

10.  The  Stated  Clerk  and  Permanent  Clerk  shall  be  a  Committee  to 
revise  the  phraseology  of  all  papers  sent  down  to  the  Presbyteries  to  be 
voted  upon,  provided  that  in  no  case  shall  this  Committee  so  change  the 
phraseology  as  to  alter  the  meaning. — 1886,  p.  113. 

11.  The  Stated  and  Permanent  Clerks  shall  be  a  Committee  to  super- 
vise the  publication  of  any  and  all  editions  of  the  Constitution,  hereafter 
issued  by  the  Board  of  Publication,  and  also  of  the  Rules  for  Judica- 
tories.—1886,  p.  113. 

12.  Each  Board  and  Permanent  Counnittee  is  instructed  to  send  up  its 


264  FORM   OF   GOVERNMENT,    CHAP.    XII. 

minutes  with  its  report,  that  these  minutes  may  be  reviewed  by  the 
Assembly  on  the  report  of  the  appropriate  Standing  Committee. — 1885, 
p.  690. 

13.  A  sufficient  number  of  the  reports  of  the  Boards  and  Committees 
shall  be  forwarded  by  them  to  the  place  of  meeting  of  each  Assembly, 
prior  to  the  day  of  meeting;  and  a  complete  file  of  the  same,  stitched 
together,  shall  be  delivered  to  each  commissioner. — 1886,  p.  77. 

14.  In  all  regions  where,  through  the  organization  of  Union  Presby- 
teries, there  are  no  Presbyteries  in  connection  with  this  Assembly,  each 
mission  organized  as  such  under  our  Board  of  Foreign  Missions  may  send 
to  the  General  Assembly  an  ordained  missionary,  or  ruling  elder,  as  a 
delegate;  and  the  Standing  Rules  of  the  Assembly  are  hereby  so  amended 
that  such  delegate  is  entitled  to  sit  as  an  advisory  member  in  the  Assem- 
bly, and  to  speak,  under  the  rules,  on  all  questions,  and  that  his  exj^enses 
from  his  domicile  in  this  country  to  and  during  the  Assembly  and  return, 
shall  be  met  as  those  of  commissioners,  out  of  the  funds  of  the  Assem- 
bly.—1887,  p.  240. 

15.  No  person  shall  serve  as  a  member  of  a  Board  who  is  an  executive 
officer  or  employe  of  said  Board,  or  a  member  of  any  other  benevolent 
Board  of  the  Church ;  and  no  more  than  one  ruling  elder  from  the  same 
congregation  shall  serve  on  a  Board  at  the  same  time. — 1887,  pp.  51, 
108. 

16.  Any  vacancy  occurring  in  the  membership  of  any  of  the  Boards 
of  the  Church  during  the  interval  between  the  Assemblies,  may  be  filled 
until  the  next  succeeding  meeting  of  the  Assembly,  by  the  Board  in 
which  such  vacancy  may  occur. — 1887,  p.  128. 

17.  The  Moderator  is  authorized  to  fill  by  appointment  any  vacancies 
which  may  occur,  by  resignation  or  otherwise,  in  any  of  the  Special 
Committees.  — 1892,  p.  209. 

18.  All  resolutions  for  the  appropriation  of  money,  outside  the 
Boards,  should  be  brought  before  the  Finance  Committee,  before  action 
by  the  Assembly.— 1892,  p.  199. 

19.  The  recommendation  of  any  particular  congregation  to  the  benev- 
olence of  the  denomination,  by  the  General  Assembly,  is  not  to  be 
understood  as  creating  either  a  legal  or  a  moral  obligation  upon  the 
Assembly  for  the  payment  of  the  amount  recommended  to  be  contributed 
by  the  churches.— 1892,  p.  36;  1893,  p.  41. 

20.  All  ovei'tures  must  be  presented  to  the  Assembly  not  later  than 
the  fifth  day  of  its  sessions. — 1894,  p.  160. 

21.  The  Stated  and  Permanent  Clerks  shall  be  a  Committee  to  have 
the  oversight  of  arrangements  for  the  entertainment  of  the  General 
Assembly.— 1896,  pp.  130,  349?. 

10.  Rules  of  order  for  the  General  Assembly. 

The  General  Rules  for  Judicatories,  as  adopted  by  the  Assem- 
bly, have  appended  the  following  note,  as  defining  their  authority,  viz. : 

The  following  rules,  not  having  been  submitted  to  the  Presbyteries, 
make  no  part  of  the  Constitution  of  the  Presbyterian  Church.  Yet  the 
General  Assembly  of  1821,  considering  uniformity  in  proceedings  in 
all  the  subordinate  judicatories  as  greatly  conducive  to  order  and  dispatch 
of  business,  and  having  revised  and  approved  these  rules,  recommend 
them  to  the  Synods,  Presbyteries  and  Sessions  as  a  system  of  regulations 
which,  if  they  think  proper,  may  be  advantageously  adopted  by  them. 


OF   THE   GENERAL   ASSEMBLY.  265 

The  rules,  as  modified  and  adopted  by  the  Assembly  for  its  guidance 
in  1822,  pp.  42-45,  may  be  found  in  full  in  new  Digest  (Moore,  1861), 
pp.  168-171.  Some  alteration  was  made  chiefly  with  regard  to  the 
previous  question — e.g.,  1835,  p.  473;  1851,  p.  27,  N.  S.  The  rules 
as  in  use  in  the  N.  S.  Assembly  may  be  found  in  new  Digest  (Moore, 
1861),  pp.  602-605,  the  O.  S.  in  Baird's  Digest,  866-870.  On  the 
reunion  the  Assembly  resolved  to  adopt  the  general  rules  for  judicatories 
contained  in  the  appendix  to  the  Constitution  as  the  rules  of  this  Assem- 
bly, except  that  the  13th,  14th,  17th  and  18th  rules  were  modified. — 
1870,  p.  12.     See  Digest,  1886,  p.  204. 

A  Committee — Rev.  George  W.  Musgrave,  D.D.,  Rev.  Z.  M.  Hum- 
phrey, D.D.,  Rev.  J.  C.  Watson,  D.D.,  Hon.  William  Strong,  LL.D., 
and  Hon.  J.  Ross  Snowden — was  appointed  to  revise  the  rules  for  judi- 
catories, and  report  to  the  next  General  Assembly. — 1870,  p.  13. 

The  Committee  appointed  by  the  last  General  Assembly  to  revise  the 
general  rules  for  judicatories  respectfully  present  the  following  report : 

The  Committee  found,  on  a  comparison  of  the  rules  in  use  in  the  two 
former  branches  of  the  Church,  that  they  were,  with  very  few  excep- 
tions, identical,  and  that  very  few  changes  were  necessary.  The  Com- 
mittee propose  only  four  changes,  each  of  which  is  indicated  in  the 
margin  of  the  report.  The  proposed  changes  relate  to  the  presentation 
of  minutes,  motions  to  amend,  to  lay  on  the  table,  and  the  previous 
question;  and  are  numbered  respectively  12,  20,  21  and  22. 

For  the  sake  of  a  more  convenient  reference,  the  rules  have  been 
rearranged,  so  as  to  bring  those  relating  to  the  same  or  kindred  subjects 
more  nearly  together. 

We  are  happy  to  add  that  the  Committee  are  unanimous  in  recom- 
mending to  the  Assembly  the  adoption  of  the  subjoined  rules,  and  would 
respectfully  suggest  that,  if  adopted,  the  Board  of  Publication  should 
be  directed  to  publish  them  as  thus  arranged  and  modified. 

The  report  Avas  adopted. — 1871,  p.  491. 

11.  General  rules  for  judicatories. 

[Note. — The  following  "General  Rules  for  Judicatories,"  not  having  been  sub- 
mitted to  the  Presbyteries,  make  no  part  of  the  Constitution  of  the  Presbyterian 
Church.  Yet  the  General  Assembly  of  1871,  considering  uniformity  in  proceedings  in 
all  the  subordinate  judicatories  as  greatly  conducive  to  order  and  dispatch  in  business, 
having  revised  and  approved  these  rules,  recommended  them  to  all  the  lower  judica- 
tories of  the  Church  for  adoption.  The  rules  were  amended  by  the  General  Assem- 
blies of  1885,  1887  and  1896.] 

I.  The  Moderator  shall  take  the  chair  precisely  at  the  hour  to  which 
the  judicatory  stands  adjourned;  and  shall  immediately  call  the  members 
to  order;  and,  on  the  appearance  of  a  quorum,  shall  open  the  session 
with  prayer. 

II.  If  a  quorum  be  assembled  at  the  time  appointed,  and  the  Modera- 
tor be  absent,  the  last  Moderator  present,  bei^ig  a  commissioner,  or  if 
there  be  none,  the  senior  member  present,  shall  be  requested  to  take  his 
place  without  delay,  until  a  new  election. 

III.  If  a  quorum  be  not  assembled  at  the  hour  appointed,  any  two 
members  shall  be  competent  to  adjourn  from  time  to  time,  that  an 
opportunity  may  be  given  for  a  quorum  to  assemble. 

IV.  It  shall  be  the  duty  of  the  Moderator,  at  all  times,  to  preserve 
order,  and  to  endeavor  to  conduct  all  business  before  the  judicatory  to  a 
speedy  and  proper  result. 


266  FORM  OF  GOVERNMENT,  CHAP.  XII. 

V.  It  shall  be  the  duty  of  the  Moderator,  carefully  to  keep  notes  of 
the  several  articles  of  business  which  may  be  assigned  for  particular 
days,  and  to  call  them  up  at  the  time  appointed. 

VI.  The  Moderator  may  speak  to  points  of  order,  in  preference  to 
other  members,  rising  from  his  seat  for  that  purpose;  and  shall  decide 
questions  of  order,  subject  to  an  aj^peal  to  the  judicatory  by  any  two 
members. 

VII.  The  Moderator  shall  appoint  all  Committees,  except  in  those 
cases  in  which  the  judicatory  shall  decide  otherwise.  In  appointing  the 
Standing  Committees,  the  Moderator  may  appoint  a  Vice- Moderator, 
who  may  occupy  the  chair  at  his  request,  and  otherwise  assist  him  in  the 
discharge  of  his  duties. — 1885,  p.  590. 

VIII.  When  a  vote  is  taken  by  ballot  in  any  judicatory,  the  Modera- 
tor shall  vote  with  the  other  members;  but  he  shall  not  vote  in  any  other 
case,  unless  the  judicatory  be  equally  divided ;  when,  if  he  do  not  choose 
to  vote,  the  question  shall  be  lost. 

IX.  The  person  first  named  on  any  Committee  shall  be  considered  as 
the  chairman  thereof,  whose  duty  it  shall  be  to  convene  the  Committee; 
and,  in  case  of  his  absence  or  inability  to  act,  the  second  named  member 
shall  take  his  place  and  perform  his  duties. 

X.  It  shall  be  the  duty  of  the  Clerk,  as  soon  as  possible  after  the 
commencement  of  the  sessions  of  every  judicatory,  to  form  a  'complete 
roll  of  the  members  present,  and  put  the  same  into  the  hands  of  the 
Moderator.  And  it  shall  also  be  the  duty  of  the  Clerk,  whenever  any 
additional  members  take  their  seats,  to  add  their  names,  in  their  proper 
places,  to  the  said  roll. 

XI.  It  shall  be  the  duty  of  the  Clerk  immediately  to  file  all  papers, 
in  the  order  in  which  they  have  been  read,  with  proper  indorsements, 
and  to  keep  them  in  perfect  order.  The  Stated  Clerk  shall  receive  all 
overtures,  memorials  and  miscellaneous  papers  addressed  to  the  judica- 
tory; shall  make  record  of  the  same  and  deliver  them  to  the  Committee 
on  Bills  and  Overtures  for  appropriate  disposition  or  reference.  This 
Committee  shall  have  the  floor  on  the  reassembling  of  the  judicatory 
after  each  adjournment,  to  report  its  recommendations  as  to  reference  of 
papers,  and  this  right  of  the  Committee  shall  take  precedence  of  the 
Orders  of  the  Day.  This  Committee  shall  report  the  papers  retained 
by  it  as  well  as  those  recommended  for  reference  to  other  Committees, 
and  no  Committee  shall  report  on  matters  which  have  not  been  referred 
to  it  by  the  judicatory. — 1885,  p.  590. 

XII.  The  minutes  of  the  last  meeting  of  the  judicatory  shall  be  pre- 
sented at  the  commencement  of  its  session,  and,  if  requisite,  read  and 
corrected. 

XIII.  Business  left  unfinished  at  the  last  sitting  is  ordinarily  to  be 
taken  up  first. 

XIV.  A  motion  made  must  be  seconded,  and  afterwards  repeated  by 
the  Moderator,  or  read  aloud,  before  it  is  debated;  and  every  motion 
shall  be  reduced  to  writing,  if  the  Moderator  or  any  member  require  it. 

XV.  Any  member  who  shall  have  made  a  motion,  shall  have  liberty 
to  withdraw  it,  with  the  consent  of  his  second,  before  any  debate  has 
taken  place  thereon;  but  not  afterwards,  without  the  leave  of  the 
judicatory. 

XVI.  If  a  motion  under  del^ate  contain  several  parts,  any  two  mem- 
bers may  have  it  divided,  and  a  question  taken  on  each  part. 


OP   THE   GENERAL   ASSEMBLY.  267 

XVII.  When  various  motions  are  made  with  respect  to  the  filling  of 
blanks,  with  particular  numbers  or  times,  the  question  shall  always  be 
first  taken  on  the  highest  number  and  the  longest  time. 

XVIII.  Motions  to  lay  on  the  table,  to  take  up  business,  to  adjourn, 
and  the  call  for  the  previous  question,  shall  be  put  without  debate.  On 
questions  of  order,  postponement,  or  commitment,  no  member  shall  speak 
more  than  once.  On  all  other  questions,  each  member  may  speak  twice, 
but  not  oftener,  without  express  leave  of  the  judicatory. 

XIX.  When  a  question  is  under  debate,  no  motion  shall  be  received, 
unless  to  adjourn,  to  lay  on  the  table,  to  postpone  indefinitely,  to  post- 
pone to  a  day  certain,  to  commit,  or  to  amend;  which  several  motions 
shall  have  precedence  in  the  order  in  which  they  are  herein  arranged; 
and  the  motion  for  adjournment  shall  always  be  in  order. 

XX.  An  anaendment,  and  also  an  amendment  to  an  amendment,  may 
be  moved  on  any  motion ;  but  a  motion,  to  amend  an  amendment  to  an 
amendment,  shall  not  be  in  order.  Action  on  amendments  shall  precede 
action  on  the  original  motion.  A  substitute  shall  be  treated  as  an 
amendment. — 1885,  p.  590. 

XXI.  A  distinction  shall  be  observed  between  a  motion  to  lay  on  the 
table  for  the  present,  and  a  motion  to  lay  on  the  table  xmconditionally, 
namely:  A  motion  to  lay  on  the  table,  for  the  present,  shall  be  taken  with- 
out debate;  and,  if  carried  in  the  affirmative,  the  effect  shall  be  to  place 
the  subject  on  the  docket,  and  it  may  be  taken  up  and  considered  at  any 
subsequent  time.  But  a  motion  to  lay  on  the  table,  unconditionally, 
shall  be  taken  without  debate;  and,  if  carried  in  the  affirmative,  it 
shall  not  be  in  order  to  take  up  the  subject  during  the  same  meeting  of 
the  judicatory,  without  a  vote  of  reconsideration. 

XXII.  The  previous  question  shall  be  put  in  this  form,  namely.  Shall 
the  main  question  be  now  put  ?  It  shall  only  be  admitted  when  de- 
manded by  a  majority  of  the  members  present ;  and  the  effect  shall  be 
to  put  an  end  to  all  debate  and  bring  the  body  to  a  direct  vote :  First, 
on  a  motion  to  commit  the  subject  under  consideration  (if  such  motion 
shall  have  been  made) ;  secondly,  if  the  motion  for  commitment  does 
not  prevail,  on  pending  amendments;  and  lastly,  on  the  main  question. 

XXIII.  A  question  shall  not  be  again  called  up  or  reconsidered  at 
the  same  sessions  of  the  judicatory  at  which  it  has  been  decided,  unless 
by  the  consent  of  two-thirds  of  the  members  who  were  present  at  the 
decision;  and  unless  the  motion  to  reconsider  be  made  and  seconded  by 
persons  who  voted  with  the  majority. 

XXIV.  A  subject  which  has  been  indefinitely  postponed,  either  by 
the  operation  of  the  previous  question,  or  by  a  motion  for  indefinite 
postponement,  shall  not  be  again  called  up  during  the  same  sessions  of 
the  judicatory,  unless  by  the  consent  of  three-fourths  of  the  members 
who  were  present  at  the  decision. 

XXV.  Members  ought  not,  without  weighty  reasons,  to  decline 
voting,  as  this  practice  might  leave  the  decision  of  very  interesting 
questions  to  a  small  proportion  of  the  judicatory.  Silent  members, 
unless  excused  from  voting,  must  be  considered  as  acquiescing  with  the 
majority. 

XXVI.  When  the  Moderator  has  commenced  taking  the  vote,  no 
further  debate  or  remark  shall  be  admitted,  unless  there  has  evidently 
been  a  mistake,  in  which  case  the  mistake  shall  be  rectified,  and  the 
Moderator  shall  recommence  taking  the  vote.      If  the  house  shall  pass 


268  FORM  OF  GOVERNMENT,  CHAP.  XII. 

the  motion  to  "  vote  on  a  given  subject  at  a  time  named,"  speeches  shall 
thereafter  be  limited  to  ten  minutes.  Should  the  hour  for  adjournment 
or  recess  arrive  during  the  voting,  it  shall  be  postponed  to  finish  the 
vote,  unless  the  majority  shall  vote  to  adjourn;  in  which  case  the  voting 
shall,  on  the  reassembling  of  the  house,  take  precedence  of  all  other  busi- 
ness till  it  is  finished.  Under  this  rule  the  "  yeas  and  nays  "  shall  not 
be  called,  except  on  the  final  motion  to  adopt  as  a  whole.  Tliis  motion 
to  fix  a  time   for  voting  shall  be  put  without  debate. — 1885,   p.   590. 

XXVII.  The  yeas  and  nays  on  any  question  shall  not  be  recorded, 
unless  required  by  one-third  of  the  members  present.  If  division  is 
called  for  on  any  vote,  it  shall  be  by  a  rising  vote,  Avithout  a  count.  If 
on  such  a  rising  vote  the  Moderator  is  unable  to  decide,  or  a  quorum  rise 
to  second  a  call  for  ' '  tellers, ' '  then  the  vote  shall  be  taken  by  rising 
and  the  count  made  by  tellers,  who  shall  pass  through  the  aisles  and 
report  to  the  Moderator  the  number  voting  on  each  side. — 1885,  p.  590. 

XXVIII.  No  member,  in  the  course  of  debate,  shall  be  allowed  to 
indulge  in  personal  reflections. 

XXIX.  If  more  than  one  member  rise  to  speak  at  the  same  time,  the 
member  who  is  most  distant  from  the  Moderator's  chair  shall  speak  first. 
In  the  discussion  of  all  matters  where  the  sentiment  of  the  house  is 
divided,  it  is  proper  that  the  floor  should  be  occupied  alternately  by  those 
representing  the  difl^ereut  sides  of  the  question. — 1885,  p.  590, 

XXX.  When  more  than  three  members  of  the  judicatory  shall  be 
standing  at  the  same  time,  the  Moderator  shall  require  all  to  take  their 
seats,  the  person  only  excepted  who  may  be  speaking. 

XXXI.  Every  member,  when  speaking,  shall  address  himself  to  the 
Moderator,  and  shall  treat  his  fellow-members,  and  especially  the  Moder- 
ator, Avith  decorum  and  respect. 

XXXII.  No  speaker  shall  be  interrupted,  unless  he  be  out  of  order; 
or  for  the  purpose  of  cori'ecting  mistakes  or  misrepresentations. 

XXXIII.  Without  express  permission,  no  member  of  a  judicatory, 
while  business  is  going  on,  shall  engage  in  private  conversation ;  nor  shall 
members  address  one  another,  nor  any  person  present,  but  through  the 
Moderator. 

XXXIV.  It  is  indispensable  that  members  of  ecclesiastical  judica- 
tories maintain  great  gravity  and  dignity  while  judicially  convened;  that 
they  attend  closely  in  their  speeches  to  the  subject  under  consideration, 
and  avoid  prolix  and  desultory  harangues;  and,  when  they  dcA-iate  from 
the  subject,  it  is  the  privilege  of  any  member,  and  the  duty  of  the  Mod- 
erator, to  call  them  to  order. 

XXXV.  If  any  member  act,  in  any  respect,  in  a  disorderly  manner, 
it  shall  be  the  privilege  of  any  member,  and  the  duty  of  the  Moderator, 
to  call  him  to  order. 

XXXVI.  If  any  member  consider  himself  aggrieved  by  a  decision  of 
the  Moderator,  it  shall  be  his  privilege  to  appeal  to  the  judicatory,  and 
the  question  on  the  appeal  shall  be  taken  without  debate. 

XXXVII.  No  member  shall  retire  from  any  judicatory  without  the 
leave  of  the  Moderator,  nor  withdraw  from  it  to  return  home  without  the 
consent  of  the  judicatory. 

XXXVIII.  All  judicatories  have  a  right  to  sit  in  private,  on  business, 
which  in  their  judgment  ought  not  to  be  matter  of  public  speculation. 

XXXIX.  Besides  the  right  to  sit  judicially  in  private,  whenever  they 
think  projier  to  do  so,  all  judicatories  have  a  right  to  hold  what  are 


OF   THE   GENERAL   ASSEMBLY.  269 

commonly  called  "  interlocutory  meetings,"  in  which  members  may 
freely  converse  together,  without  the  formalities  which  are  usually 
necessary  in  judicial  proceedings. 

XL.  Whenever  a  judicatory  is  about  to  sit  in  a  judicial  capacity,  it 
shall  be  the  duty  of  the  Moderator  solemnly  to  announce,  from  the  chair, 
that  the  body  is  about  to  pass  to  the  consideration  of  the  business  assigned 
for  trial,  and  to  enjoin  on  the  members  to  recollect  and  regard  their  high 
character  as  judges  of  a  court  of  Jesus  Christ,  and  the  solemn  duty  in 
which  they  are  about  to  act. 

XLI.  In  all  cases  before  a  judicatory,  where  there  is  an  accuser  or 
prosecutor,  it  is  expedient  that  there  be  a  Committee  of  the  judicatory 
appointed  (provided  the  number  of  members  be  sufficient  to  admit  it 
without  inconvenience),  who  shall  be  called  the  "  Judicial  Committee," 
and  whose  duty  it  shall  be  to  digest  and  arrange  all  the  papers,  and  to 
prescribe,  under  the  direction  of  the  judicatory,  the  whole  order  of 
proceedings.  The  members  of  this  Committee  shall  be  entitled,  notwith- 
standing their  performance  of  this  duty,  to  sit  and  vote  in  the  cause  as 
members  of  the  judicatory. 

XLII.  The  permanent  officers  of  a  judicatory  shall  have  the  rights  of 
corresponding  members  in  matters  touching  their  several  offices. — 1885, 
p.  590. 

XLIII.  The  Moderator  of  every  judicatory  above  the  church  Session, 
in  finally  closing  its  sessions,  in  addition  to  prayer,  may  cause  to  be  sung 
an  appropriate  psalm  or  hymn,  and  shall  pronounce  the  apostolical  bene- 
diction. 

12.  Officers  of  the  General  Assembly. 

I.    THE    MODERATOR. 

[Note. — See  above,  Rules  for  Judicatories  •  also,  Form  of  Government,  Chap.  xix. 
Of  Moderators.] 

II.    THE   STATED   CLERK. 

Appointment. 

a.  Ordered,  That  Dr.  Duffield  be  appointed  Stated  Clerk  of  the  As- 
sembly, procure  a  proper  book  into  which  to  transcribe  their  minutes, 
and  lay  the  expense  of  the  book  and  of  transcribing  the  minutes  before 
the  General  Assembly  at  their  next  meeting. — 1789,  p.  13. 

Duties  of  the  Stated  Clerk. 

b.  The  Stated  Clerk  shall  transcribe  for  the  press  such  parts  as  may 
be  necessary  of  the  minutes  ordered  to  be  published  from  year  to  year. 
He  shall  correct  the  press,  and  superintend  the  printing  of  all  the  min- 
utes and  papers  which  shall  be  ordered  to  be  printed  by  the  General 
Assembly.  As  soon  as  the  extracts  are  printed  from  year  to  year,  he 
shall  send  one  copy  by  mail  to  each  Presbytery,  and  apportion  and  send 
the  rest  by  private  conveyance  to  the  Presbyteries  and  other  bodies,  as 
shall  be  prescribed  by  the  Assembly,  only  reserving  a  sufficient  number 
of  copies  for  binding.  He  shall  have  the  charge  of  all  the  books  and 
papers  of  the  General  Assembly,  shall  cause  their  minutes  to  be  fairly 
transcribed  into  the  book  or  books  provided  for  the  purpose,  and  give 
attested  copies  of  all  minutes  and  other  documents,  when  properly 
required  so  to  do. — 1807,  p.  377. 


270  FORM  OF  GOVERNMENT,  CHAP.  XII. 

Notification  of  Presbyteries  whose  commissioners  have  left  without  leave. 

C.  Whereas,  It  has  frequently  happened  that  members  of  this  Assem- 
bly, neglecting  their  duty  and  inattentive  to  the  rules  of  decorum,  have 
abruptly  left  the  Assembly  and  returned  home  without  leave  of  absence, 

Resolved,  That  in  all  similar  cases  which  shall  occur  in  future,  it  shall 
be  the  duty  of  the  Clerk  of  this  house  to  give  notice  thereof  to  the 
Presbyteries  to  wliich  such  delinquent  members  may  belong. — 1801,  p. 
233. 

Resolved,  That  as  the  names  of  persons  who  have  left  the  Assembly 
without  leave  are  to  be  published  in  the  printed  journals,  therefore  the 
Stated  Clerk  is  liberated  from  the  duty,  enjoined  by  a  standing  rule,  of 
writing  to  the  Presbyteries  on  the  subject. — 1824,  p.  125. 

[Note— See  Minutes,  1801,  p.  233,  and  1820,  p.  723.] 

Stated  Clerk  to  be  Treasurer  of  the  Assembly. 

d.  The  Committee  on  Finance  also  recommend  that  the  Stated  Clerk 
have  added  to  his  duties  that  of  Treasurer  of  the  General  Assembly.  — 
1871,  p.  512. 

[Note. — Prior  to  theReunion  the  Treasurer  of  the  Trustees  acted  as  Treasurer  of  the 
Assembly  in  the  Old  School  branch.  The  New  School  Assembly  had  a  Treasurer  of 
its  own  from  1839.  In  1871  the  duties  of  the  Treasurer  of  the  General  Assembly  were 
laid  upon  the  Stated  Clerk.  In  1884,  after  the  death  of  Dr.  Hatfield,  who  had  filled 
the  offices  of  Stated  Clerk  and  Treasurer,  the  Assembly  elected  the  Rev.  Hugh  W. 
Torrence  Treasurer,  but  subsequently — ]  : 

The  Standing  Conniiittee  on  Finance  reported  as  follows: 
Resolved,  That  the  office  of  Treasurer  of  the  General  Assembly,  as  a 
separate  office,  be  discontinued,  and  the  duties  thereof  imposed  upon  the 
Stated  Clerk,  who  shall  receive  therefor  the  additional  sum  of  one  hun- 
dred dollars  per  annum,  and  who  shall  give  bonds  in  the  sum  of  five 
thousand  dollars,  to  be  signed  by  himself  and  two  sureties  to  be  approved 
by  the  Board  of  Trustees  of  the  General  Assembly.  Adopted. — 1884, 
p.  33. 

That  the  Stated  Clerk,  as  Treasurer,  be  authorized  to  employ  a  clerical 
assistant,  to  act  as  Assistant  Treasurer,  who  shall  take  charge,  under  the 
direction  and  control  of  the  Treasurer,  of  the  receipts  and  disbursements 
of  the  Mileage  Fund  during  the  meeting  of  the  Assembly. — 1896,  p.  157. 

Arrangements  for  transportation  of  commissioners  2)laced  permanently  in 
the  hands  of  the  Stated  Clerk. 

e.  We  recommend  that  the  matter  of  railroad  arrangements  for  the 
transportation  of  commissioners  be  placed  permanently  in  the  hands  of 
the  Stated  Clerk.— 1885,  p.  687. 

The  duties  of  the  Stated  Clerk.     His  salary. 

f.  Resolved,  That  the  subject  of  the  duties  of  the  Stated  Clerk  be 
referred  to  the  chairmen  of  the  Committees  on  Mileage  and  Finance, 
as  a  Sjiecial  Committee,  to  consider  the  same,  and  report  to  this  Assem- 
bly.—1894,  p.  89. 

g.  The  Special  Committee  upon  the  subject  of  the  duties  of  the  Stated 
Clerk,  presented  its  report,  which  was  unanimously  adopted,  and  is  as 
follows: 

The  chairmen  of  the  Standing  Committees  on  Mileage  and  Finance,  to 
whom,  as  a  Special  Committee,  was  referred  for  consideration  and  report 


OF   THE   GENERAL,   ASSEMBLY.  271 

the  subject  of  tlie  duties  of  the  Stated  Clerk,  respectfully  report  as 
follows : 

They  have  carefully  examined  into  the  subject  referred  to  them;  and 
they  find  that  the  duties  of  the  Stated  Clerk  have  been  steadily  increasing 
in  number  and  variety,  and  in  the  laborious  character  of  the  work  im- 
posed by  them.  At  the  present  time,  the  Stated  Clerk  is  required  to 
transcribe  for  the  press  the  Minutes  ordered  to  be  published  from  year  to 
year;  to  superintend  the  printing  of  the  Minutes,  and  papers  ordered  to 
be  printed ;  to  distribute  the  Minutes  to  persons  entitled  to  them ;  to  have 
charge  of  all  the  books  and  papers  of  the  General  Assembly;  to  give 
attested  copies  of  all  minutes  and  other  documents;  to  receive  all  memo- 
rials, overtures  and  other  papers  addressed  to  the  Assembly ;  to  distribute 
the  bound  volumes  of  the  Reports  of  the  Boards;  to  have  charge  of  the 
entire  railroad  arrangements  for  the  transportation  of  commissioners;  to 
transmit  all  overtures  to  the  Presbyteries  and  receive  the  answers;  under 
the  direction  of  the  Moderator,  to  prepare  and  carry  forward  the  business 
of  the  Assembly,  including  the  printing  of  the  roll,  etc.,  during  its 
sessions;  to  carry  on  the  correspondence  of  the  Assembly ;' to  report  to 
the  Assembly  upon  the  statistics  of  the  Church ;  to  perform  all  the  duties 
of  Treasurer,  and  to  transact  such  other  business  directly  pertaining  to 
his  office,  as  the  Assembly  may  from  time  to  time  appoint. 

Besides  performing  these  duties,  your  Committee  are  of  the  opinion 
that  the  Stated  Clerk  might  advantageously  be  employed  as  Secretary, 
and  Custodian  of  the  correspondence,  of  the  ad  interim  Committees, 
without  membership  therein,  and  recommend  that  he  be  so  designated. 

In  view  of  the  facts  stated,  your  Committee  regard  the  compensation 
heretofore  allowed  to  his  office  as  wholly  inadequate.  They  therefore 
recommend  that,  for  the  services  hereinbefore  specified  and  recom- 
mended, the  compensation  be  fixed  at  the  sum  of  three  thousand  dollars 
($3000)  per  annum,  payable  upon  December  31,  for  the  calendar  year 
then  closing. 

Your  Committee  are  also  of  opinion,  that  permanent  quarters  for  the 
accommodation  of  the  Stated  Clerk,  and  the  preservation  of  the  records 
of  the  Assembly,  should  be  arranged  for.  They  therefore  recommend 
that  the  Board  of  Publication  and  Sabbath -school  Work  be  requested 
to  assign  to  the  Stated  Clerk  such  rooms,  not  needed  for  their  own  use, 
as  will  afford  suitable  accommodations  as  an  office  and  a  document  room, 
the  expense  of  fitting  up  such  rooms  to  be  defrayed  out  of  the  Contin- 
gent Fund.— 1894,  pp.  161,  162. 

The  Stated  Clerk  authorized  to  engage  stenographic  and  other  clerical  help. 

h.  (a)  That  the  Stated  Clerk  be  authorized  to  employ  a  Clerk  to  aid  him 
in  his  correspondence,  and  also  in  the  preparation  of  the  Minutes  of  the 
Assembly  for  publication. — 1890,  p.  112. 

(6)  That  the  Stated  Clerk  be  authorized  to  employ  such  clerical 
assistants  as  may  be  needed  to  secure  early  publication  of  the  Minutes. — 
1893,  p.  72. 

(c)  That  whereas  it  is  expedient  to  lighten  as  far  as  possible  the  labors 
of  the  Moderator  and  of  the  chairmen  of  the  Standing  Committees 
during  the  meetings  of  the  General  Assembly,  the  Stated  Clerk  be 
authorized  to  engage  such  stenographic  and  other  clerical  help  as  may  be 
needed  to  this  end  while  the  Assembly  is  in  session. — 1896,  p.  118. 


272  FORM    OF   GOVERNMENT,    CHAP.    XII. 

III.    THE   PERMANENT    RECORDING   CLERK. 

Appointment  mid  Duties. 

a.  Whereas,  The  business  of  former  Assemblies  has  been  impeded  by 
the  want  of  a  Recording  Clerk,  possessing  that  facility  in  the  business 
which  is  acquired  by  experience;  and  Whereas,  It  is  not  to  be  expected 
that  any  one  person  should  perform  this  service  permanently  without  receiv- 
ing an  adequate  compensation  for  his  labor;  and  Whereas,  This  Assembly 
are  persuaded  that  future  Assembhes  will  see  the  reasonableness  of  the 
measure  now  contemplated,  and  cooperate  on  their  part  in  giving  it 
effect ; 

Resolved,  That  a  Permanent  Recording  Clerk  be  chosen,  whose  duty  it 
shall  be  from  year  to  year  to  draught  the  minutes  of  the  Assembly  during 
their  sessions,  and  afterward  to  perform  such  services  respecting  the 
transcribing,  printing  and  distributing  the  extracts  as  shall  be  assigned 
to  him  from  time  to  time. — 1802,  p.  235. 

b.  The  Permanent  Clerk  shall  furnish  all  the  stationery  for  the  use  of 
the  Assembly  and  the  several  Clerks.  He  shall  make  the  original 
draught  of  all  the  minutes,  and  give  certified  copies,  as  occasion  may 
require,  of  all  such  as  may  be  proper  to  be  transmitted  to  the  Trustees  of 
the  General  Assembly  or  any  of  their  officers.  After  the  Assembly  rises 
from  year  to  year  he  shall  carefully  revise  the  manuscript,  render  it 
correct  and  legible,  and  deliver  it  over  to  the  Stated  Clerk.  — 1807,  p.  377. 

Salary  of  the  Permanent  Clerk. 

C.  That  the  salary  of  the  Permanent  Clerk  be  fixed  at  the  rate  of 
three  hundred  dollars  per  annum. — 1870,  p.  127. 

d.  The  Committee  to  which  was  referred  a  recommendation  of  the 
Committee  of  Bills  and  Overtures,  a  resolution  concerning  the  increase 
of  the  salary  of  the  Permanent  Clerk,  recommend  that  such  salary  be 
increased  from  three  hundred  dollars,  as  at  present,  to  five  hundred 
dollars  per  annum,  which  was  unanimously  adopted  by  the  General 
Assembly  at  Pittsburgh,  Pa.,  Monday,  May  27,  1895.— 1896,  p.  170. 

IV.     THE    TEMPORARY   CLERKS. 

a.  Resolved,  also.  That  a  Temporary  Clerk  be  chosen  by  each  Assem- 
bly as  heretofore  to  read  the  minutes  and  communications  to  the  Assem- 
bly, and  otherwise  aid  the  Permanent  Clerk  as  occasion  may  require,  and 
that  he  be  paid  one  dollar  per  day  for  his  services. — 1802,  p.  235. 

b.  The  Temporary  Clerk  shall  hereafter  receive  no  pecuniary  compen- 
sation for  his  services. — 1806,  p.  372. 

[Note. — The  usage  is  to  choose  four  Temporary  Clerks,  one  or  more  of  whom  are 
usually  ruling  elders.] 

The  Temporary  Clerks  nominated  by  the  Stated  and  Permanent  Clerks. 

C.  The  following  standing  rule  was  adopted:  That  the  Stated  and  Per- 
manent Clerks  shall  have  the  privilege  of  nominating  their  own  assistant 
Clerks.— 1875,  p.  533. 

Choice  of  Clerks  not  confined  to  members  of  the  Assembly. 

d.  Resolved,  That  it  be  considered  as  the  right  of  every  member  of  the 
Assembly  to  vote  for  a  Clerk  who  is  not  a  member  of  the  body. — 1793, 
p.  64. 


OF   THE   GENERAL   ASSEMBLY.  273 

e.  The  Moderator  and  Clerk  are  ministerial  officers  of  the  judicatory. 
In  respect  to  their  offices  they  are  servants  merely,  and  not  members, 
of  the  body. 

Of  the  Clerk  this  would  seem  to  be  unquestionably  true.  The  Consti- 
tution knows  nothing  of  the  Temporary  Clerk  as  distinguished  from  the 
Stated  Clerk.  As  far  as  any  provision  of  the  "  Book  "  is  involved,  it  is 
plain  that  a  judicatory  may  select  any  convenient  person,  though  not  a 
member,  to  record  its  transactions,  and  discharge  all  other  duties  pertaining 
to  a  Clerk.  For  the  part  of  those  duties  usually  devolved  upon  a  Tem- 
porary Clerk,  we  believe  it  is  no  infrequent  thing  for  a  Presbytery  to 
employ  a  licentiate  or  other  person  not  a  member  of  the  body. — 1861, 
p.  457,  N.  S. 

[Note.— As  to  the  Moderator  of  the  Assembly,  see  Rule  ii  of  Rules  for  Judicatories, 
p.  265.] 

13.  Standing  Committees  of  Each  Assembly. 

[Note.— The  Committees  appointed  at  the  beginning  of  each  Assembly  are  desig- 
nated as  "Standing  Committees."] 

The  Standing  and  Permanent  Committees  of  the  Judicatories  should 
consist  of  ordained  men. 

Overture  No.  58,  from  the  Presbytery  of  Cincinnati:  May  a  judica- 
tory of  the  Presbyterian  Church,  such  as  a  Presbytery,  place  unordained 
men  on  its  Standing  and  Permanent  Committees  ?  The  Committee 
recommend  that  a  negative  answer  be  returned.  Adopted. — 1896,  p. 
145. 

Number  of  members  of  each  Committee. 

The  Committee  on  Polity  having  considered  the  resolution  referred  to 
it  with  reference  to  the  Standing  Committees  of  the  Assembly,  would 
recommend  that  hereafter  each  Standing  Committee,  except  the  Standing 
Committee  on  Mileage  and  the  Standing  Committee  on  Finance,  be  com- 
posed of  eleven  ministers  and  ten  ruling  elders;  the  Standing  Committee 
on  Mileage  shall  be  composed  of  ten  ruling  elders;  the  Standing  Com- 
mittee on  Finance  shall  be  composed  of  ten  ruling  elders;  and  that  each 
of  the  Committees  on  Synodical  Records  shall  be  composed  of  four  minis- 
ters and  thi'ee  elders. — 1892,  p.  190. 

(1)    The  Committee  of  Bills  and  Overtures,  duties  of . 

[Note.— See  Moore's  Digest,  1886,  p.  213.] 

The  Standing  Committee  of  Bills  and  Overtures  presented  a  final 
report,  which  was  adopted,  and  is  as  foUows: 

The  Committee  deem  it  a  duty  to  call  the  attention  of  this  Assembly 
to  the  action  of  our  Church  concerning  the  powers  and  duties  of  the 
Committee  of  Bills  and  Overtures. 

In  1710,  the  Presbytery  (there  being  at  that  time  no  higher  court) 
appointed  "  Mr.  Henry,  Mr.  Anderson  and  Mr.  Wade  a  Committee  to 
prepare  and  bring  in  overtures  to  the  Presbytery,  and  also  to  take  cogni- 
zance of  whatever  may  be  laid  before  them  to  prepare  it  for  the  Presby- 
tery."—1710,  p.  ll{ Digest,  ]'886,  p.  213. 

In  1769  the  Synod,  in  answer  to  the  question  concerning  the  duties  and 
poAvers  of  the  Committee  of  Overtures  proposed  last  year,  said:  "  That 
Committee  is  intended  to  introduce  business  into  the  Synod  in  an  orderly 
manner,  that  they  may  give  advice  concerning  either  the  matter  or 
manner  of  overtures  brought  to  them,  but  have  not  power  to  suppress 
18 


274  FORM  OF  GOVERNMENT,  CHAP.  XII. 

anything  that  comes  regularly  before  them  from  inferior  judicatures 
according  to  our  known  rules,  or  such  overtures  and  petitions  as  inferior 
judicatures  or  particular  persons  desire  to  have  laid  before  this  Synod." 
—1769,  p.  393;  Digest,  1886,  p.  213. 

The  General  Assembly  of  1789  declared:  "  The  General  Assembly,  at 
every  meeting,  shall  appoint  a  Committee  of  Bills  and  Overtures  to 
prepare  and  digest  business  for  the  Assembly." — 1789,  p.  8;  Digest, 
1886,  p.  213. 

The  Assembly  of  1822  enacted  as  follows:  "  Petitions,  questions  relat- 
ing to  doctrine,  or  order,  and  usually  all  new  propositions  tending  to 
general  laws,  should  be  laid  before  the  Committee  of  Bills  and  Overtures 
before  they  be  offered  to  the  Assembly." — 1822,  p.  42;  Digest,  1886,  p. 
213. 

The  report  of  the  Joint  Committee  on  Reconstruction  adopted  by  the 
General  Assembly  of  1 870,  said :  "  It  is  recommended  that  the  Assembly 
order  that  hereafter  bills  and  overtures  come  up  only  from  Synods  or 
Presbyteries;  yet,  that  this  may  not  prevent  any  Committee  of  Bills  and 
Overtures  from  bringing  before  the  house,  of  its  own  motion,  upon  a 
two-thirds  vote  of  the  Committee,  any  matter  which  they  may  deem  of 
sufficient  importance  to  engage  the  attention  of  the  Assembly. " — 1870, 
p.  90;  Digest,  1873,  p.  547. 

In  view  of  these  deliverances,  which,  so  far  as  we  can  find,  have  never 
been  changed,  it  seems  to  be  plain  that  the  Committee  of  Bills  and  Over- 
tures is  the  proper  business  Committee  of  the  Assembly,  and  that  it 
belongs  to  this  Committee  to  receive  and  to  consider  all  bills,  overtures, 
petitions,  etc.,  before  they  are  laid  before  the  Assembly,  and  to  recom- 
mend the  proper  disposition  or  reference  of  the  same. 

That  the  action  herein  described  has  been  the  historic  practice  of  the 
Assembly  up  to  a  comparatively  recent  date  is,  we  believe,  undisputed. 

More  recently,  however,  it  has  become  customary  for  the  Stated  Clerk 
to  receive  and  consider  such  documents  as  are  to  be  laid  before  the 
Assembly,  and  to  recommend  the  proper  reference  and  disposition  of 
them. 

Your  Committee  believe  this  practice  to  be  an  error,  and  for  these 
reasons : 

1.  It  is  a  departure  from  the  established  order  and  the  historic  practice 
of  the  Church. 

2.  It  practically  concentrates  to  a  large  extent,  the  powers  and  duties 
of  the  Committee  of  Bills  and  Overtures  in  a  single  person,  the  Stated 
Clerk,  who  usually  is  not  a  member  of  the  Assembly. 

3.  It  partly  defeats  the  object  for  which  the  Committee  of  Bills  and 
Overtures  was  appointed,  viz. ,  "  To  prepare  and  digest  business  for  the 
Assembly."  And  it  is  manifestly  impossible  for  any  one  person  to  give 
to  the  documents  which  come  before  the  Assembly  such  consideration  as 
Ihey  deserve. 

The  Committee  therefore  recommend  ' '  that  Standing  Order  No.  6  be 
changed  so  as  to  read:  Rule  6.  The  Stated.Clerk  shall  receive  all  memo- 
rials, overtures  and  other  papers  addressed  to  the  General  Assembly, 
shall  make  record  of  the  same,  and  shall  then  deliver  them  to  the 
Standing  Committee  of  Bills  and  Overtures."  Adopted. — 1884,  pp. 
106,  107. 


OF   THE   GENERAL   ASSEMBLY.  275 

(^)    The  Judicial  Committee. 

The  Assembly  shall  also,  at  every  meeting,  appoint  a  Committee  to  be 
styled  the  Judicial  Committee,  Avhose  duty  it  shall  be  to  take  into  consid- 
eration all  appeals  and  references  brought  to  the  Assembly,  to  ascertain 
whether  they  are  in  order,  to  digest,  and  arrange  all  the  documents 
relating  to  the  same,  and  to  propose  to  the  Assembly  the  best  method  of 
proceeding  in  each  case, — 1819,  p.  718. 

[Note. — See  also  Rule  xli  of  General  Rules  for  Judicatories.] 

(5)    Committee  on  Polity  of  the  Church. 

Resolved,  That  a  Committee  of  seven  members  be  appointed  on  the 
Polity  of  the  Church,  and  that  it  be  referred  to  this  Committee  to  exam- 
ine and  settle  the  true  roll  of  the  Presbyteries  and  Synods  connected 
with  the  Assembly;  and  that  they  receive  the  reports  of  the  several 
Presbyteries  on  amending  the  Constitution  of  the  Church. — 1840,  p. 
7,  N.  S. 
[Note. — Now  referred  to  a  Committee  of  Canvass.] 
To  consist  of  eleven  ministers  and  ten  ruling  elders. — 1892,  p.  190. 

(4)    On  Foreign  Missions. 
Eleven  ministers  and  ten  elders. 

(5)    On  Home  Missions. 
Eleven  ministers  and  ten  elders. 

(6)    On  Education. 
Eleven  ministers  and  ten  elders. 

(7)    On  Publication  and  Sabbath-school  Work. 
Eleven  ministers  and  ten  elders. 

(5*)    On  Church  Erection. 
Eleven  ministers  and  ten  elders. 

(5)    On  Theological  Seminaries. 
Eleven  ministers  and  ten  elders. 

{10)    On  Ministerial  Relief. 
Eleven  ministers  and  ten  elders. 

{11)    On  Freedmen. 
Eleven  ministers  and  ten  elders. 

(12)    On  Aid  for  Colleges  and  Academies. 
Eleven  ministers  and  ten  elders. 

[Note. — To  these  Committees  are  referred  the  reports  of  the  several  Boards,  etc., 
together  with  the  subjects  to  which  they  pertain,  to  report  to  the  Assembly  at  as 
early  a  day  during  its  sessions  as  is  possible.] 

(IS)    On  Correspondence. 

Eleven  ministers  and  ten  elders. 

To  this  Committee  is  referred  the  matter  of  correspondence  with  other 
Churches ;  they  also  nominate  to  the  Assembly  delegates  to  corresponding 
bodies. 


276  FORM  OF  GOVERNMENT,  CHAP.  XII. 

(i4)    0)1  Benevolence. 

Eleven  ministers  and  ten  elders. 

(i5)    On  the  Narrative. 

Eleven  ministers  and  ten  elders. 

That  the  General  Assembly  take  measures  to  bring  into  distinct  view 
at  its  different  sessions  the  situation  of  the  Presbyterian  Church  under 
its  jurisdiction  in  the  United  States  of  America,  with  respect  to  the 
state  of  religion  in  the  different  Presbyteries,  and  the  most  probable 
expedients  for  reviving  and  promoting  the  essential  interests  of  Christ's 
kingdom  in  the  world;  whereupon, 

Renolved,  That  it  be  reconmieuded  to  each  Synod  to  enjoin  it  upon  the 
respective  Presbyteries  within  their  bounds,  to  specify  the  above  particu- 
lars in  the  annual  reports  which  they  make  of  the  state  of  their  respective 
churches,  to  be  laid  before  the  General  Assembly  at  its  stated  meetings. 
—1792,  p.  59. 

a.  The  narrative  may  not  be  omitted. — Overture  from  the  Presbytery  of 
Philadelphia  North,  on  the  omission  of  the  annual  Presbyterial  narrative 
to  the  Assembly  on  the  state  of  religion.  In  reply  the  Committee  would 
recommend  the  answer  that  the  Presbyterial  narratives  on  the  state  of 
religion  are  too  valuable  to  be  omitted.     Adopted. — 1893,  p.  130. 

b.  Narrative  to  notice  the  decease  of  ministers. — Resolved,  That  the 
narrative  on  the  state  of  religion  annually  contain  a  notice  of  the  decease 
of  all  the  ministers  of  our  Church  who  may  have  been  removed  by  death 
during  the  preceding  year;  and  the  several  Presbyteries  are  ordered  to 
incorporate  with  their  reports  on  the  state  of  religion,  made  to  the 
Assembly,  the  case  of  every  such  removal  within  their  bounds. — 1822, 
p.  38. 

[Note. — It  is  the  usage  for  the  Stated  Clerk  to  read  the  Necrological  Report  in 
the  Assembly,  after  which  the  Assembly  is  led  in  prayer  by  a  member  designated  by 
the  Moderator.] 

{16)    On  Temperance. 

Eleven  ministers  and  ten  elders. 

(  i  7  )    On  Leave  of  A  bsence. 

Resolved,  That,  as  a  standing  rule  of  the  Assembly,  a  Committee  of 
five  be  appointed,  whose  duty  it  shall  be  to  consider  all  applications  for 
leave  of  absence,  with  power  to  decide  on  the  same,  in  place  of  the 
house,  and  with  instructions  to  require  in  every  case  satisfactory  reasons 
for  the  necessity  of  such  absence,  and  report  to  the  house,  at  the  com- 
mencement of  every  session,  the  members  so  dismissed;  and  that  an 
appeal  to  the  Assembly  may  be  made  in  any  instance  of  refusal  on  the 
part  of  the  Committee  to  grant  the  application. — 1833,  p.  390. 

Eleven  ministers  and  ten  elders. — 1892,  p.  190. 

(18)  On  Mileage. 
Consists  of  ten  ruling  elders. 

[Note. — See  under  Chap.  xxii.    Of  Commissioners  to  the  General  Assembly.] 

(19)  On  Finance. 

Resolved,  That  a  Standing  Committee  of  Finance  be  appointed,  to 
whom  the  Treasurer's  account  (of  the  Trustees)  shall  be  referred. — 1842, 
p.  8,  O.  S. 

Consists  of  ten  ruling  elders. 


OF   THE    GENERAL    ASSEMBLY.  277 

(20^    On  the  Records  of  the  Synods. 
Consists  of  four  ministers  and  three  elders  for  each  Synod. 

14.  Corresponding  members.    Ministers  casually  present  not  invited. 

Upon  motion,  it  was  agreed  that  whereas  this  Assembly,  copying  the 
example  of  their  predecessors,  have  admitted  several  ministers  who  are 
not  commissioners  to  join  in  their  deliberations  and  conclusions,  but  not 
to  vote  on  any  question,  and  although  this  Assembly  has  been  much 
indebted  to  the  wise  counsels  and  friendly  assistance  of  these  correspond- 
ing ministers,  nevertheless,  on  mature  deliberation,  it  was 

Resolved,  As  the  opinion  of  this  house, 

1.  That  no  delegated  body  has  a  right  to  transfer  its  powers,  or  any 
part  thereof,  unless  express  provision  is  in  its  Constitution. 

2.  That  this  Assembly  is  a  delegated  body,  and  no  such  provision  is 
in  its  Constitution. — 1791,  p.  42. 

15.  Delegates  from  corresponding  bodies. 

At  first  these  were  not  allowed  to  vote,  but  in  1794  the  Assembly 
asked,  and  the  General  Association  of  Connecticut  acceded  to  the 
request,  that  the  delegates  from  these  bodies  respectively  shall  have  a 
right  not  only  to  sit  and  deliberate,  but  also  to  vote,  on  all  questions 
which  may  be  determined  by  either  of  them. — 1794,  p.  80;  1795,  p.  96. 

The  Assembly  afterward  (1827)  asked  that  the  right  of  voting  be 
given  up,  and  since  1830  corresponding  members  have  the  right  only  to 
sit  and  deliberate,  but  not  to  vote. 

16.  Secretaries  of  the  Boards  and  Permanent  Committees,  with  Stated 
and  Permanent  Clerks,  have  the  privileges  of  corresponding  members. 

a.  Resolved,  That  it  be  a  standing  rule  of  the  Assembly  that  the 
Secretary  of  any  of  the  Permanent  Committees  shall  be  entitled  to  the 
same  privilege  as  the  delegates  from  corresponding  bodies,  while  the  busi- 
ness entrusted  to  that  Committee  is  under  consideration  in  the  house. 

The  x\ssembly  voted  that  the  same  privilege  be  extended  to  the  Stated 
and  Permanent  Clerks  in  reference  to  matters  pertaining  to  their  official 
duties.— 1858,  p.  581,  K  S. 

b.  Resolved,  That  all  the  Secretaries  of  the  Boards  of  the  Church  have 
the  privilege  of  corresponding  members  of  the  General  Assembly,  in 
discussions  bearing  upon  the  interests  of  the  Boards  which  they  severally 
represent.  — 1870,  p.  85. 

[Note. — Privilege  of  Corresponding  Members :  "  Such  members  shall  be  entitled 
to  deliberate  and  advise,  but  not  to  vote  in  any  decisions."  Form  of  Government, 
Chap.  X,  Sec.  xii.    See  this  Digest,  p.  228.] 

17.  Manual  of  the  General  Assembly. 

Resolved,  That  the  Stated  Clerk  is  hereby  empowered  to  prepare  for 
the  use  of  the  General  Assembly  a  Manual,  containing  the  Rules  for 
Judicatories,  the  Standing  Orders  and  Rules,  Directions  to  Committees, 
and  such  other  items  as  may  be  of  service  to  the  Officers  and  Commis- 
sioners in  connection  with  the  business  of  the  Assembly. — 1893,  p.  218. 

Overture  No.  227,  being  a  communication  from  the  Stated  Clerk, 
submitting  a  copy  of  the  ''  Manual  of  the  General  Assembly  of  the 
Presbyterian  Church  in  the  U.  S.  A.,"  prepared  by  him  by  order  of 
the  last  Assembly.  We  recommend  that  this  Manual  be  approved;  that 
the  thanks  of  the  General  Assembly  be  given  to  the  Stated  Clerk  for  his 


278  FORM  OF  GOVERNMENT,  CHAP,  XII. 

useful  volume,  aud  that  he  be  authorized  to  print  another  edition,  with 
the  Docket  of  the  next  Assembly  aud  other  matters  added  to  the 
present  contents. — 1894,  p.  157. 

II.  The  General  Assembly  shall  consist  of  an  equal  delegation  of 
bishops  aud  elders  from  each  Presbytery  in  the  following  proportion,  viz. : 
each  Presbytery  consisting  of  not  more  than  twenty-four  ministers  shall 
send  one  minister  and  one  elder,  and  each  Presbytery  consisting  of  more 
than  twenty-four  ministers  shall  send  one  minister  and  one  elder  for  each 
additional  twenty-four  ministers,  or  for  each  additional  fractional  number 
of  ministers  not  less  than  twelve,  and  these  delegates  so  appointed  shall 
be  styled  Commissioners  to  the  General  Assembly. — As  amended,  1884, 
p.  103— Adopted,  1885,  pp.  629,  630. 

[Note. — See  under  Form  of  Government,  Chap,  xxii.] 

1.  The  former  ratios  of  representation. 

That  every  Presbytery  shall,  at  their  last  stated  meeting  preceding  the 
meeting  of  the  General  Assembly,  depute  to  the  General  Assembly  com- 
missioners in  the  following  proportion:  each  Presbytery  consisting  of  not 
more  than  six  ministers  shall  send  one  minister  and  one  elder;  each 
Presbytery  consisting  of  more  than  six  ministers  and  not  more  than 
twelve  shall  send  two  ministers  and  two  eldei*s,  and  so  in  the  same  pro- 
portion for  every  six  ministers. — 1786,  p.  524. 

In  1819,  p.  700,  the  ratio  was  altered  by  substituting  the  word  nine 
for  the  word  six,  and  the  Avord  eighteen  in  place  of  the  word  twelve.  In 
1826,  p.  168,  the  ratio  was  increased  from  nine  to  twelve  and  from 
eighteen  to  twenty-four.  In  1833,  p.  401,  the  ratio  was  made  as  follows, 
viz.,  each  Presbytery  consisting  of  not  more  than  twenty-four  ministers, 
shall  send  one  minister  and  one  elder;  and  each  Presbytery  consisting  of 
more  than  twenty- four  ministers,  shall  send  two  ministers  and  two  elders; 
and  in  the  like  proportion  for  every  twenty-four  ministers  in  each  Pres- 
bytery. 

The  ratio  as  above  was  adopted.  — 1885,  p.  630. 

2.  Where  a  Presbytery  sends  more  than  its  proper  representation,  the 

last  elected  are  refused. 
The  right  of  two  persons  to  a  seat  in  the  Assembly  from  the  Presbytery 
of  Portage  was  questioned,  whereupon  their  case  was  referred  to  the 
Committee  of  Elections,  After  considering  the  subject,  the  Committee 
reported  that  the  names  of  the  minister  and  elder  last  appointed  should 
be  erased,  because  the  Presbytery  is  entitled  to  no  more  than  two  com- 
missioners.    Tliis  report  was  adopted. — 1835,  p.  466, 

3.  Sec.  ii  is  mandatory  both  as  to  the  proportion  of  ministers  and  elders, 

and  as  to  sending  the  full  number. 

Overture  from  the  Presbytery  of  Baltimore,  asking,  "  Is  the  provision 
of  the  Form  of  Government  (Chap,  xii.  Sec.  ii)  for  sending  commis- 
sioners to  the  General  Assembly  by  each  Presbytery  mandatory  or 
discretionary  ?  1.  As  to  sending  an  equal  number  of  bishops  and 
elders  ?  2.  As  to  sending  the  full  number  to  which  each  Presbytery  is 
entitled?" 

Answer :  Mandatory  as  to  both. — 1890,  p.  46. 


OF   THE   GENERAL    ASSEMBLY.  279 

4.  An  elder  who  is  a  member  of  a  church  under  the  care  of  the  Presby- 
tery may  be  elected. 

Overture  from  the  Presbytery  of  Holston,  asking,  would  the  election 
of  a  ruling  elder  as  a  commissioner  to  the  General  Assembly  be  valid,  if 
at  the  time  of  his  election  he  were  not  in  the  Presbytery  electing  him  ? 
Such  election  would  be  valid,  if  he  is  a  member  of  a  church  under  the 
care  of  Presbytery.     Adopted. — 1889,  p.  102. 

III.  Any  fourteen  or  more  of  these  commissioners,  one-half  of  whom 
shall  be  ministers,  being  met  on  the  day  and  at  the  place  appointed, 
shall  be  a  quorum  for  the  transaction  of  business. 

IV.  The  General  Assembly  shall  receive  and  issue  all  appeals,  com- 
plaints and  references  that  affect  the  doctrine  or  Constitution  of  the 
Church,  which  may  be  regularly  brought  before  them  from  the  inferior 
judicatories;  Provided,  That  in  the  trial  of  judicial  cases  the  General 
Assembly  shall  have  power  to  act  by  commission,  in  accordance  with  the 
provisions  on  the  subject  of  Judicial  Commissions  in  the  Book  of  Disci- 
pline. They  shall  review  the  records  of  every  Synod,  and  approve  or 
censure  them ;  they  shall  give  their  advice  and  instruction  in  all  cases 
submitted  to  them  in  conformity  with  the  Constitution  of  the  Church ; 
and  they  shall  constitute  the  bond  of  union,  peace,  correspondence  and 
mutual  confidence  among  all  our  churches. 

[Note— As  amended,  1880,  p.  74,  and  1881,  p.  523 ;  1884,  p.  89,  and  1885,  p.  637.    See 
Digest,  1886,  pp.  Iil7,  218  ;  and  Book  of  Discipline,  Chap,  ix,  8ecs.  Ixx-cii.] 

1.  The  Assembly  will  not  ordinarily  decide  questions  in  thesi. 

a.  But  while  the  General  Assembly  is  invested  with  the  power  of 
deciding  in  all  controversies  respecting  doctrine  and  discipline,  of  reprov- 
ing, warning,  or  bearing  testimony  against  error  in  doctrine  in  any 
church,  Presbytery  or  Synod,  or  of  suppressing  schismatical  contentions 
and  disputations,  all  such  matters  ought  to  be  brought  before  the  Assem- 
bly in  a  regular  and  constitutional  way.  Aud  it  does  not  appear  that 
the  Constitution  ever  designed  that  the  General  Assembly  should  take  up 
abstract  cases  and  decide  on  them,  especially  when  the  object  appears  to 
be  to  bring  those  decisions  to  bear  on  particular  individuals  not  judicially 
before  the  Assembly.  Neither  does  it  appear  that  the  Constitution  of  the 
Church  intended  that  any  person  or  persons  should  have  the  privilege  of 
presenting  for  decision,  remonstrances  respecting  points  of  doctrine,  on 
the  conduct  of  individuals,  not  brought  up  from  the  inferior  judicatories 
by  appeal,  reference  or  complaint,  and  this  especially  when  such  remon- 
strances contain  no  evidence  whatsoever  of  the  facts  alleged,  but  mere 
statements,  of  the  truth  or  justness  of  which  the  Assembly  have  no 
means  of  judging,  inasmuch  as  a  contrary  course  would  allow  of  counter 
and  contradictory  remonstrances  without  end. — 1822,  p.  50.  See  1870, 
p.  28. 

b.  It  is  ordinarily  undesirable  for  the  General  Assembly  to  decide 
questions  in  thesi  which  are  liable  to  be  brought  before  it  in  its  judicial 
capacity,  as  it  may  thus  virtually  prejudge  cases  of  discipline ;  it  appears 
better  that  it  should  ordinarily  follow  in  this  respect  the  uniform  practice 
of  civil  courts  to  decide  legal  principles  only  on  actual  cases  presented. 
—1856,  p.  213,  N.  S. 


280  FORM  OF  GOVERNMENT,  CHAP.  XII, 

C.  Overture  No.  13,  being  a  request  of  the  Rev.  Samuel  C.  McCune 
that  the  Assembly  would  answer  various  questions  connected  with  judicial 
processes  in  the  lower  courts. 

The  Committee  recommend  the  following  answer:  These  questions 
pertain  either  to  supposed  or  to  actual  judicial  processes.  In  either  case 
it  is  not  deemed  proper  that  the  Assembly  should  give  specific  answers  to 
them.     Adopted.— 1866,  p.  47,  O.  S. 

d.  Overture  No.  28,  from  the  Presbytery  of  Santa  Fe.  (1)  Is  it  in 
accordance  with  the  spirit  and  Constitution  of  the  Church  for  a  Board  or 
Committee  of  the  Assembly  to  receive  complaints  against  the  character 
and  conduct  of  a  minister  without  giving  him  full  information  on  the 
subject  or  refuse  to  do  so  when  asked  ?  (2)  What  coui-se  should  the 
Committee  on  Missions  of  a  Presbytery  take  when  a  missionary  sent  into 
its  bounds  by  a  Board  of  the  Assembly  refuses  to  occupy  the  field 
assigned  him  by  said  Committee  ?  (3)  Is  it  the  province  of  a  mission- 
ary Presbytery  to  designate  the  field  of  labor  of  its  members  or  of  a 
missionary  sent  into  its  bounds  by  any  Board  of  the  Assembly  ?  or 
does  this  right  of  designation  belong  to  the  Board  sustaining  the  mis- 
sionary ? 

The  Committee  recommend  no  action,  inasmuch  as  it  presents  the  case 
in  thesi,  and  the  questions  involved  Avill  probably  be  settled  ere  long  by 
the  action  of  the  Board  of  Foreign  Missions.  Adopted. — 1872,  p.  73; 
1888,  p.  133. 

e.  An  overtui'e  from  the  Presbytery  of  Geneva,  asking  a  deliverance 
of  the  Assembly  interpreting  the  action  of  1825  (Moore's  Digest,  ed. 
1873,  p.  626)  ;  of  1853  (p.  626)  ;  of  1856  (p.  627)  ;  of  1865  (p.  627)  ; 
of  1872  (p.  628). 

Answer :  That  it  is  inexpedient  to  answer  in  thesi  questions  which  the 
Assembly  may  be  called  to  answer  judicially  (Minutes,  1822,  p.  50;  1856, 
p.  213,  N.  S.  ;  1866,  p.  47,  O.  S.  ;  1870,  p.  28;  1872,  p.  73;  Moore's 
Digest,  ed.  1873,  pp.  217,  218);  especially  as  the  subject  is  under  con- 
sideration by  the  Revision  Committee.  Adopted. — 1881,  p.  586;  also, 
p.  589. 

f.  Overture,  being  a  paper  from  Dr.  J.  M.  W.  Farnham,  from 
Shanghai,  China,  touching  the  lawfulness  of  reading  a  defamatory  paper 
in  open  Presbytery  before  a  trial  has  been  initiated.  We  recommend 
that  as  this  is  a  case  in  thesi  the  General  Assemblv  declines  to  answer. 
Adopted.— 1893,  p.  118;  1892,  p.  213. 

2.  The  Assembly  cannot  remit  the  final  decision  of  any  matter  affecting' 
the  doctrine  of  the  Church  to  an  inferior  judicatory. 

The  report  of  the  Special  Committee  on  the  Memorial  of  the  Synod  of 
India  in  the  matter  of  the  baptism  of  polygamists  w^as  taken  up,  adopted, 
and  is  as  follows:  .... 

On  only  one  point  was  your  Committee  unanimous,  namely,  that  under 
the  existing  Constitution  of  the  Presbyterian  Church  the  request  of  the 
memorial  cannot  be  granted.     The  request  is  in  these  words: 

"  We  respectfully  request  the  General  Assembly,  in  view  of  the 
exceedingly  difficult  complications  which  often  occur  in  the  cases  of 
polygamists  who  desire  to  be  received  into  the  Church,  to  leave  the 
ultimate  decision  in  all  such  cases  in  India  to  the  Synod  of  India." 

Your  Committee  are  unanimously  of  the  opinion  that  as  the  request 
contemplates  a  matter  of  doctrine  it  cannot  be  granted  in  view  of  the 


OF   THE   GENERAL   ASSEMBLY.  281 

provision  contained  in  Chap,  xii,  Sec.  iv,  of  the  Form  of  Government, 
which  is  as  follows: 

"  The  General  Assembly  shall  receive  and  issue  all  appeals,  complaints 
and  references  that  affect  the  doctrine  or  Constitution  of  the  Church 
which  may  be  regularly  brought  before  them  from  the  infei'ior  judica- 
tories. ' ' 

The  provision  is  mandatory.  The  General  Assembly  has  no  right  to 
remit  the  final  decision  of  any  matter  affecting  the  doctrine  of  the  Church 
to  an  inferior  judicatory. 

According  to  the  Constitution  the  duty  of  admitting  candidates  to  the 
communion  of  the  Church  pertains  to  the  Session  of  the  local  church. 
Should  questions  arise  as  to  the  propriety  of  admission  or  refusal  they 
may  be  carried  by  appeal  or  complaint  to  the  superior  judicatories,  and 
for  ultimate  decision  to  the  General  Assembly 

The  only  recommendation  reported  to  the  Assembly  is:  That  in  view 
of  the  mandatory  nature  of  Chap,  xii,  Sec.  iv,  of  the  Form  of  Govern- 
ment, the  request  of  the  Synod  of  India  contained  in  the  memorial 
cannot  be  granted.  Respectfully  submitted, 

E.  R.  Craven, 
John  D.   Wells, 
George  Junkin, 

—1896,  pp.  149,  150. 

[Note. — See  at  large  under  Sec.  v,  below,  and  Book  of  Discipline,  Chap,  ix.] 

V.  To  the  General  Assembly  also  belongs  the  power  of  deciding  in  all 
controvei'sies  respecting  doctrine  and  discipline;  of  reproving,  warning 
or  bearing  testimony  against  error  in  doctrine  or  immorality  in  practice 
in  any  church.  Presbytery  or  S^nod;  of  erecting  new  Synods  when  it 
may  be  judged  necessary;  of  superintending  the  concerns  of  the  whole 
Church;  of  corresponding  with  foreign  churches  on  such  terms  as  may 
be  agreed  upon  by  the  Assembly  and  the  corresponding  body;  of  sup- 
pressing schismatical  contentions  and  disputations;  and,  in  general,  of 
recommending  and  attempting  reformation  of  manners,  and  the  promo- 
tion of  charity,  truth  and  holiness  through  all  the  churches  under  their 
care. 

I.    DECISIONS   AND   DELIVERANCES   ON   DOCTRINE. 

[Note. — See  for  the  fundamental  provision  in  connection  with  the  Assembly's 
power  in  relation  to  doctrine  and  discipline,  the  Confession  of  Faith,  Chap,  xxxi, 
Sec.  2.  Also  for  deliverances  upon  the  Holy  Scriptures,  Confession  of  Faith,  Chap,  i, 
pp.  45,  54,  57,  65,  66  of  this  Digest.  For  the  case  of  Samuel  Harker,  p.  75 ;  Hezekiah 
Balch,  p.  71 ;  William  C.  Davis,  p.  79 ;  Thomas  G.  Craighead,  p.  80 ;  John  Miller,  p.  73. 
The  testimony  of  the  Assembly  of  1837  against  doctrinal  errors,  as  well  as  the  Auburn 
declaration,  and  the  deliverance  of  the  Assembly  of  1869,  0.  S.,  with  reference  to  the 
latter  document,  are  given  below.] 

II.    TESTIMONY   AGAINST    DOCTRINAL   ERRORS. 

1.  Deliverance  of  the  Assembly  of  1837. 

The  As.sembly  adopted  that  part  of  the  report  of  the  Committee  on 
the  memoi'ial  which  relates  to  doctrinal  errors,  as  follows,  viz. : 

As  one  of  the  principal  objects  of  the  memorialists  is  to  point  out 
certain  errors  more  or  less  prevalent  in  our  Church,  and  to  bear  testimony 
against  them,  your  Committee  are  of  opinion  that  as  one  great  object  of 
the  institution  of  the  Church  was  to  be  a  depository  and  guardian  of  the 


282  FORM  OP  GOVERNMENT,  CHAP.  XII. 

truth,  aud  as  by  the  Constitution  of  the  Presbyterian  Church  in  the 
United  States  it  is  made  the  duty  of  the  General  Assembly  to  testify 
against  error;  therefore, 

Resolved,  That  the  testimony  of  the  memorialists  concerning  doctrine 
be  adopted  as  the  testimony  of  this  General  Assembly  (with  a  few  verbal 
alterations),  which  is  as  follows: 

1.  That  God  would  have  prevented  the  existence  of  sin  in  our  world, 
but  was  not  able  without  destroying  the  moral  agency  of  man,  or  that, 
for  aught  that  appears  in  the  Bible  to  the  contrary,  sin  is  incidental  to 
any  wise  moral  system. 

2.  That  election  to  eternal  life  is  founded  on  a  foresight  of  faith  and 
obedience. 

3.  That  we  have  no  more  to  do  with  the  first  sin  of  Adam  than  with 
the  sins  of  any  other  parent. 

4.  That  infants  come  into  the  world  as  free  from  moral  defilement  as 
was  Adam  when  he  was  created. 

5.  That  infants  sustain  the  same  relation  to  the  moral  government  of 
God  in  this  world  as  brute  animals,  and  that  their  sufferings  and  death 
are  to  be  accounted  for  on  the  same  principles  as  those  of  brutes,  and 
not  by  any  means  to  be  considered  as  penal. 

6.  That  there  is  no  other  original  sin  than  the  fact  that  all  the  posterity 
of  Adam,  though  by  nature  innocent  or  possessed  of  no  moral  character, 
will  always  begin  to  sin  when  they  begin  to  exercise  moi'al  agency;  that 
original  sin  does  not  include  a  sinful  bias  of  the  human  mind  and  a  just 
exposure  to  penal  suffering;  and  that  there  is  no  evidence  in  Scripture 
that  infants,  in  order  to  salvation,  do  need  redemption  by  the  blood 
of  Christ  and  regeneration  by  the  Holy  Ghost. 

7.  That  the  doctrine  of  imputation,  whether  of  the  guilt  of  Adam's 
sin  or  of  the  righteousness  of  Christ,  has  no  foundation  in  the  Word  of 
God,  and  is  both  unjust  and  absurd. 

8.  That  the  sufferings  and  death  of  Christ  were  not  truly  vicarious 
and  penal,  but  symbolical,  governmental  and  instructive  only. 

9.  That  the  impenitent  sinner  is  by  nature,  and  independently  of  the 
renewing  influence  or  almighty  energy  of  the  Holy  Spirit,  in  full  posses- 
sion of  all  the  ability  necessary  to  a  full  compliance  with  all  the  com- 
mands of  God. 

10.  That  Christ  does  not  intercede  for  the  elect  until  after  their  regen- 
eration. 

11.  That  saving  faith  is  not  an  effect  of  the  special  operation  of  the 
Holy  Spirit,  but  a  mere  rational  belief  of  the  truth  or  assent  to  the 
Word  of  God. 

12.  That  regeneration  is  the  act  of  the  sinner  himself,  and  that  it 
consists  in  a  change  of  his  governing  purpose  which  he  himself  must 
produce,  and  which  is  the  result,  not  of  any  direct  influence  of  the  Holy 
Spirit  on  the  heart,  but  chiefly  of  a  persuasive  exhibition  of  the  truth 
analogous  to  the  influence  which  one  man  exerts  over  the  mind  of 
another,  or  that  regeneration  is  not  an  instantaneous  act,  but  a  progres- 
sive work. 

13.  That  God  has  done  all  that  He  can  do  for  the  salvation  of  all 
men,  and  that  man  himself  must  do  the  rest. 

14.  That  God  cannot  exert  such  influence  on  the  minds  of  men  as 
shall  make  it  certain  that  they  will  choose  and  act  in  a  particular  manner 
without  impairing  their  moral  agency. 


OF   THE   GENERAL   ASSEMBLY.  283 

15.  That  the  righteousness  of  Christ  is  not  the  sole  ground  of  the 
sinner's  acceptance  with  God,  and  that  in  no  sense  does  the  righteousness 
of  Christ  become  ours. 

16.  That  the  reason  why  some  differ  from  others  in  regard  to  their 
reception  of  the  Gospel  is  that  they  make  themselves  to  differ. 

Against  all  these  errors,  whenever  and  wherever  and  by  whomsoever 
taught,  the  Assembly  would  solemnly  testify,  and  would  warn  all  in 
connection  with  the  Presbyterian  Church  against  them.  They  would 
also  enjoin  it  upon  all  the  inferior  judicatories  to  adopt  all  suitable  measures 
to  keep  their  members  pure  from  opinions  so  dangerous.  Especially 
does  the  Assembly  earnestly  enjoin  on  all  the  Presbyteries  to  guard  with 
great  care  the  door  of  entrance  to  the  sacred  office.  Nor  can  the  As- 
sembly regard  as  consistent  with  ministerial  ordination  vows  an  unwilling- 
ness to  discipline  according  to  the  rules  of  the  Word  of  God  and  of  our 
Standards  any  person  already  a  teacher  who  may  give  currency  to  the 
foregoing  errors.     Yeas  109;  nays  6;  no7i  liquet  11. — 1837,  pp.  468-470. 

[Note. — For  the  memorial  referred  to  above,  see  Baird's  Digest,  1858,  pp.  710-715 ; 
especially  p.  711.  Minutes,  1837,  pp.  468,  469  ;  also  Reprint  Minutes,  1821-1837,  pp.  618- 
620.] 

2.  An  explication  of  doctrines. 

Protest  to  the  Assembly  of  1837,  including  the  document  afterwards  known 
as  the  Auburn  Declaration. 

The  following  final  article  of  a  protest  on  the  general  action  of  the 
Assembly  in  reference  to  the  ' '  Memorial ' '  was  ordered  to  be  placed 
upon  the  minutes,  viz. : 

We  protest  finally,  because,  in  view  of  all  the  circumstances  of  the  case,  we 
feel  that  while  we  were  prevented  from  uniting  in  the  final  vote  with  the 
majority  in  their  testimony  against  error,  for  the  reasons  above  stated,  we  owe 
it  to  ourselves,  to  our  brethren,  to  the  Church  and  to  the  world  to  declare  and 
protest  that  it  is  not  because  we  do,  directly  or  indirectly,  hold  or  countenance 
the  errors  stated.  We  are  willing  to  bear  our  testimony  in  full  against  them, 
and  now  do  so,  when,  without  misapprehension  and  liability  to  have  our  vote 
misconstrued,  we  avow  our  real  sentiments,  and  contrast  them  with  the  errors 
condemned,  styling  them,  as  we  believe,  the  true  doctrine,  in  opposition  to  the 
erroneous  docti'ine  condemned,  as  follows,  viz. : 

First  Error.  "That  God  would  have  prevented  the  existence  of  sin  in  our 
world,  but  was  not  able  without  destroying  the  moral  agency  of  man  ;  or  that, 
for  aught  that  appears  in  the  Bible  to  the  contrary,  sin  is  incidental  to  any  wise 
moral  S3'Stem." 

True  Doctrine.  God  permitted  the  introduction  of  sin,  not  because  he  was 
unable  to  prevent  it,  consistently  with  the  moral  freedom  of  his  creatures,  but 
for  wise  and  benevolent  reasons  which  he  has  not  revealed. 

Second  Error.  "That  election  to  eternal  life  is  founded  on  a  foresight  of 
faith  and  obedience." 

True  Doctrine.  Election  to  eternal  life  is  not  founded  on  a  foresight  of  faith 
and  obedience,  but  is  a  sovereign  act  of  God's  mercy,  whereby,  according  to 
the  counsel  of  his  own  will,  he  hath  chosen  some  to  salvation  ;  "yet  so  as 
thereby  neither  is  violence  offered  to  the  will  of  the  creatures,  nor  is  the  liberty 
or  contingency  of  second  causes  taken  away,  but  rather  established,"  nor  does 
this  gracious  purpose  ever  take  effect  independently  of  faith  and  a  holy  life. 

Third  Error.  "That  we  have  no  more  to  do  with  the  first  sin  of  Adam  than 
with  the  sins  of  any  other  parent." 

True  Doctrine.  By  a  divine  constitution,  Adam  was  so  the  head  and  repre- 
sentative of  the  race  that,  as  a  consequence  of  his  transgression,  all  mankind 
became  morally  corrupt  and  liable  to  death,  temporal  and  eternal. 

Fourth  Error.  "  That  infants  come  into  the  world  as  free  from  moral  defile- 
ment as  was  Adam  when  he  was  created." 

2Yue  Doctrine.     Adam  was  created  in  the  image  of  God,   endowed  with 


284  FORM  OF  GOVERNMEXT,  CHAP.  XII. 

knowledge,  righteousness  and  triae  holiness.  Infants  come  into  the  world  not 
only  destitute  of  these,  but  with  a  nature  inclined  to  evil,  and  only  evil. 

FiftJt,  Error.  "That  infants  sustain  the  same  relation  to  the  moral  govern- 
ment of  God  in  this  world  as  brute  animals,  and  that  their  sufferings  and  death 
are  to  be  accounted  for  on  the  same  principles  as  those  of  brutes,  and  not  by 
any  means  to  be  considered  as  penal." 

True  Doctrine.  Brute  animals  sustain  no  such  relation  to  the  moral  govern- 
ment of  God  as  does  the  human  family.  Infants  are  a  part  of  the  human 
family  ;  and  their  sufferings  and  death  are  to  be  accounted  for  on  the  ground 
of  their  being  involved  in  the  general  moral  ruin  of  the  race  induced  by  the 
apostasy. 

Sixth  Error.  "That  there  is  no  other  original  sin  than  the  fact  that  all  the 
posterity  of  Adam,  though  by  nature  innocent,  will  always  begin  to  sin  when 
tliey  begin  to  exercise  moral  agency  ;  that  original  sin  does  not  include  a  sinful 
bias  of  the  human  mind  and  a  just  e.xposure  to  penal  suflering  ;  and  that  there 
is  no  evidence  in  Scripture  that  infants,  in  order  to  salvation,  do  need  redemp- 
tion by  the  blood  of  Christ  and  regeneration  by  the  Holy  Ghost." 

True  Doctrine.  Original  sin  is  a  natural  bias  to  evil,  resulting  from  the  first 
apostasy,  leading  invariably  and  certainly  to  actual  transgression.  And  all 
infants,  as  well  as  adults,  in  order  to  be  saved,  need  redemption  by  the  blood 
of  Christ  and  regeneration  by  the  Holy  Ghost. 

Seventh  Error.  "That  the  doctrine  of  imputation,  whether  of  the  guilt  of 
Adam's  sin  or  of  the  righteousness  of  Christ,  has  no  foundation  in  the  word  of 
God,  and  is  both  unjust  and  absurd." 

2'rue  Doctrine.  The  sin  of  Adam  is  not  imputed  to  his  posterity  in  the  sense 
of  a  literal  transfer  of  personal  qualities,  acts  and  demerit;  but  by  reason  of 
the  sin  of  Adam,  in  his  peculiar  relation,  the  race  are  treated  as  if  they  had 
sinned.  Nor  is  the  righteousness  of  Christ  imputed  to  his  people  in  the  sense 
of  a  literal  transfer  of  personal  qualities,  acts  and  merit  ;  but  by  reason  of 
his  righteousness,  in  his  peculiar  relation,  they  are  treated  as  if  they  were 
righteous. 

Eighth  Error.  "  That  the  sufferings  and  death  of  Christ  were  not  truly 
vicarious  and  penal,  but  sjnnbolical,  governmental  and  instructive  only." 

Trtie  Doctrine.  The  sufferings  and  death  of  Christ  were  not  symbolical, 
governmental  and  instructive  only,  but  were  truly  vicarious — ^.  e.,  a  substitute 
for  the  punishment  due  to  transgressors.  And  while  Christ  did  not  suffer  the 
literal  penalty  of  the  law,  involving  remorse  of  conscience  and  the  pains  of 
hell,  he  did  offer  a  sacrifice  which  infinite  wisdom  saw  to  be  a  full  equiva- 
lent. And  by  virtue  of  this  atonement  overtures  of  mercy  are  sincerely  made 
to  the  race,  and  salvation  secured  to  all  who  believe. 

Ninth  Error.  "  That  the  impenitent  sinner  is  by  nature,  and  independently 
of  the  renewing  influence  or  almighty  energy  of  the  Holy  Spirit,  in  full  pos- 
session of  all  the  ability  necessary  to  a  full  compliance  witli  all  the  commands 
of  God." 

True  Doctrine.  While  sinners  have  all  the  faculties  necessary  to  a  perfect 
moral  agency  and  a  just  accountability,  such  is  their  love  of  sin  and  opposition 
to  God  and  his  law  that,  independently  of  the  renewing  influence  or  almighty 
energy  of  the  Holy  Spirit,  they  never  will  comply  with  the  commands  of  God. 

Tenth  Error.  "  That  Christ  does  not  intercede  for  the  elect  until  after  their 
regeneration." 

True  Doctrine.  The  intercession  of  Christ  for  the  elect  is  previous  as  well  as 
subsequent  to  their  regeneration,  as  appears  from  the  following  Scripture,  viz.: 
"I  pray  not  for  the  world,  but  for  them  which  thou  hast  given  me,  for  they  are 
thine.  Neither  pray  I  for  these  alone,  but  for  them  also  M'hich  shall  believe  on 
me  through  their  word." 

Eleventh  Error.  "That  saving  faith  is  not  an  effect  of  the  operations  of 
the  Holy  Spirit,  but  a  mere  rational  belief  of  the  truth  or  assent  to  the  word  of 
God." 

True  Doctrine.  Saving  faith  is  an  intelligent  and  cordial  assent  to  the  testi- 
mony of  God  concerning  his  Son,  implying  reliance  on  Christ  alone  for  pardon 
and  eternal  life,  and  in  all  cases  it  is  an  effect  of  the  special  operation  of  the 
Holy  Spirit. 

Twelfth  Error.  "That  regeneration  is  the  act  of  the  sinner  himself,  and 
that  it  consists  in  a  change  of  his  governing  purpose  which  he  himself  must 
produce,  and  which  is  the  result,  not  of  any  direct  influence  of  the  Holy  Spirit 
on  the  heart,  but  chiefly  of  a  persuasive  exhibition  of  the  truth,  analogous  to 


OF   THE   GENERAL    ASSEMBLY.  285 

the  iafluence  which  one  man  exerts  over  the  mind  of  another,  or  that  regenera- 
tion is  not  an  instantaneous  act,  but  a  progressive  vpork." 

True  Doctrine.  Regeneration  is  a  radical  cliange  of  heart,  produced  by  tlie 
special  operations  of  the  Holy  Spirit,  "determining  the  sinner  to  do  that  which 
is  good,"  and  is  in  all  cases  instantaneous. 

Thirteenth  Error.  "  That  God  has  done  all  that  he  can  do  for  the  salvation 
of  all  men,  and  that  man  himself  must  do  the  rest." 

True  Doctrine.  While  repentance  for  sin  and  faith  in  Christ  are  indispensa- 
ble to  salvation,  all  who  are  saved  are  indebted  from  first  to  last  to  the  grace 
and  Spirit  of  God.  And  the  reason  that  God  does  not  save  all  is  not  that  he 
wants  the  power  to  do  it,  but  that  in  his  wisdom  he  does  not  see  fit  to  exert  that 
power  further  than  he  actually  does. 

Fourteenth  Error.  "  That  God  cannot  exert  such  influence  on  the  minds  of 
men  as  shall  make  it  certain  that  they  will  choose  and  act  in  a  particular  man- 
ner without  impairing  their  moral  agency." 

True  Doctrine.  While  the  liberty  of  the  will  is  not  impaired,  nor  the  estab- 
lished connection  betwixt  means  and  end  broken  by  any  action  of  God  on  the 
mind,  he  can  influence  it  according  to  his  pleasure,  and  does  eftectually  deter- 
mine it  to  good  in  all  cases  of  true  conversion. 

Fifteenth  Error.  "That  the  righteousness  of  Christ  is  not  the  sole  ground  of 
the  sinner's  acceptance  with  God,  and  that  in  no  sense  does  the  righteousness 
of  Christ  become  ours." 

True  Doctrine.  All  believers  are  justified,  not  on  the  ground  of  personal 
merit,  but  solely  on  the  ground  of  the  obedience  and  death,  or,  in  other  words, 
the  righteousness,  of  Christ.  And  while  that  righteousness  does  not  become 
theirs  in  the  sense  of  a  literal  transfer  of  personal  qualities  and  merit,  yet,  from 
respect  to  it,  God  can  and  does  treat  them  as  if  they  were  righteous. 

Sixteenth  Error.  "That  the  reason  why  some  differ  from  others  in  regard 
to  their  reception  of  the  Gospel  is  that  they  make  themselves  to  dilfer." 

True  Doctrine.  While  all  such  as  reject  the  Gospel  of  Christ  do  it  not  by 
coercion,  but  freely,  and  all  who  embrace  it  do  it  not  by  coercion,  but  freely, 
the  reason  why  some  differ  from  others  is  because  God  has  made  them  to  differ. 

George  Dufiield,  E.  W.  Gilbert,  Thomas  Brown,  Bliss  Burnap,  N.  S.  S. 
Beman,  E.  Cheever,  E.  Seymour,  George  Painter,  F.  W.  Graves,  Obadiah 
Woodruff,  N.  C.  Clark,  Robert  Stuart,  Nahum  Gould,  Absalom  Peters,  Alex-, 
ander  Campbell.— 1837,  pp.  484-486  ;  also  Reprint  Minutes,  1821-1837,  pp.  634- 
636 

3.  Action  of  Old  School  Assembly,  1869,  on  alleged  toleration  of  doctrinal 
errors  by  the  New  School. 

[Note. — A  Protest  "  Against  the  Terms  of  Union  approved  by  the  Assembly  and  its 
action  in  relation  to  them,"  was  oflFered  by  Dr.  E.  P.  Humphrey  and  others. — 1869, 
p.  658,  O.  S.  For  the  Protest,  see  Digest,  1886,  pp.  81-86,  and  Minutes,  pp.  ft58-661,  0.  S. 
The  answer  of  the  Assembly  to  this  Protest  was  adopted  and  ordered  to  be  entered  on 
the  minutes.] 

4.  Answer  to  the  Protest. 

In  reply  to  the  Protest  against  its  action  on  the  Terms  of  Union,  the 
Assembly  observes: 

The  authors  of  the  Protest  first  speak  of  a  series  of  doctrinal  errors  and  here- 
sies, which  may  be  concisely  stated  as  follows  :  (1)  There  is  no  moral  char- 
acter in  man  prior  to  moral  action,  and  therefore  man  was  not  created  holy. 
(3.)  There  was  no  covenant  made  with  Adam,  his  posterity  did  not  fall  with 
him,  and  every  man  stands  or  falls  for  himself.  (3)  Original  sin  is  not  truly 
and  properly  sin  bringing  condemnation,  but  only  an  innocent  tendency  lead- 
ing to  actual  transgression.  (4)  Inability  of  any  and  every  kind  is  inconsis- 
tent with  moral  obligation.  (5)  Regeneration  is  the  sinner's  own  act,  and 
consists  in  the  change  of  his  governing  purpose.  (6)  God  cannot  control 
the  acts  of  free  agents,  and  therefore  cannot  prevent  sin  in  a  moral  system. 
(7)  Election  is  founded  upon  God's  foreknowledge  that  the  sinner  will  repent 
and  believe.  (8)  The  sufferings  of  Christ  are  not  penal,  and  do  not  satisfy 
retributive  justice.  (9)  Justification  is  pardon  merely,  and  does  not  include 
restoration  to  favor  and  acceptance  as  righteous. 

These  doctrinal  errors  the  authors  of  the  Protest  are  careful  to  say  are  repu- 
diated by  the  great  mass  of  the  New  School  Church.     They  say  that  "they 


286  FORM  OF  GOVERNMENT,  CHAP.  XII. 

are  far  from  believing  or  insinuating  that  tliese  doctrines  are  generally  approved 
by  the  New  School  Church" — that  "they  do  not  impute  these  errors  to  a 
majority,  or  to  any  definite  proportion  of  our  New  School  brethren  " 

The  charge  that  is  made  in  this  Protest,  and  the  only  charge  made  in  this 
reference,  is,  that  while  the  other  branch  of  the  Presbyterian  Cliurch  repudiate 
these  doctrines  for  themselves,  they  at  the  same  time  hold  that  they  are  consis- 
tent with  the  Caldinism  of  the  Confession  of  Faith  The  authors  of  the  Pro- 
test allege  that  it  is  the  judgment  of  the  New  School  body  that  a  person  can 
logically  and  consistently  accept  the  Westminster  symbol  and  these  nine  or 
ten  Pelagian  and  Arminian  tenets  at  one  and  the  same  time.  This  is  the  sub- 
stance of  their  charge. 

The  Assembly  pronounces  this  allegation  to  be  without  foundation,  because  : 

1.  Such  a  position,  if  taken  by  the  New  School  Church,  or  by  any  Church 
whatsoever,  would  simply  be  self-stultifying  and  absurd.  That  a  great  reli- 
gious denomination,  which  from  tlie  beginning  of  its  organization  in  1837, 
down  to  the  present  time,  has  held  up  the  Westminster  Confession  as  its 
symbol,  has  compelled  every  one  of  its  ministers  and  elders  to  subscribe  to 
tiiat  symbol,  and  has  received  its  membership  into  church  communion  upon 
professing  faith  in  the  doctrines  of  that  symbol  ;  that  an  ecclesiastical  body 
which  has  thus  stood  before  the  other  churches  of  this  and  other  lands  as  a 
Calvinistic  body,  and  has  been  reckoned  and  recognized  as  such,  should  at  the 
same  time  be  jealous  in  behalf  of  the  distinguishing  doctrines  of  Pelagianism 
and  Arminianism,  and  insist  that  these  latter  are  consistent  with  the  former, 
and  are  to  be  tolerated  in  a  Calvinistic  body,  is  too  much  for  human  belief. ' 
The  entire  history  of  the  Church  does  not  present  such  a  phenomenon  as  that 
of  a  denomination  adopting  before  the  world  a  definite  type  of  doctrine,  and 
at  the  same  time  claiming  that  exactly  the  contrary  type  of  doctrine  is  com- 
patible with  it,  and  must  be  tolerated  within  its  communion.  If  the  New 
School  Church  are  really  doing  what  the  signers  of  this  Protest  allege  they  are, 
then  their  position  before  the  churches  and  the  world  would  be  as  absurd  as 
would  have  been  the  position  of  the  Nicene  Church  if,  at  the  very  time  that  it 
adopted  and  defended  the  Trinitarianism  of  Athauasius,  it  had  insisted  that 
the  tenets  of  Arius  or  those  of  the  Humanitarians  were  consistent  with  those 
of  the  great  father  of  orthodoxy,  and  must  be  allowed  in  the  Catholic  Church. 
The  human  mind,  even  in  its  natural  condition,  never  did  work  in  this  manner 
and  never  will ;  and  still  less  will  the  human  mind,  when  renewed  and  sanc- 
tified by  divine  grace,  be  guilty  of  such  a  palpable  inconsistency. 

2.  These  very  errors,  charged  by  the  signers  of  the  Protest  as  allowed  by 
the  New  School  Presbyterians,  have  already  been  distinctly  repudiated  by 
them.  The  Auburn  Convention,  held  in  1887  under  the  influence  and  doctrinal 
guidance  of  that  excellent  and  sound  divine,  the  late  Dr.  Richards,  specified 
sixteen  doctrinal  errors,  which  contain  the  very  same  latitudinarian  and  heret- 
ical tenets  mentioned  in  the  Protest,  rejected  them  in  toto  and  set  over  against 
them  sixteen  "true  doctrines,"  which  embrace  all  the  fundamentals  of  the 
Calvinistic  creed.  This  Assembly  regards  the  "Auburn  Declaration"  as  an 
authoritative  statement  of  the  New  School  type  of  Calvinism,  and  as  indicat- 
ing how  far  they  desire  to  go,  and  how  much  liberty  they  wish  in  regard  to 
what  the  Terms  of  Union  call  "the  various  modes  of  explaining,  illustrating, 
and  stating"  the  Calvinistic  faith.  We  believe  that  a  large  number  of  our 
New  School  brethren  would  prefer  the  modes  of  "  explaining  and  illustrating  " 
the  tenets  of  Calvinism  which  are  employed  by  the  authors  of  this  Protest 
themselves,  and  the  other  portions  of  the  body  claim  only  that  degree  of  vari- 
ation from  these  modes  which  would  be  represented  by  the  theology  of 
Richards  and  the  Auburn  Declaration. 

The  Assembly  is  fully  satisfied  that  any  instances  of  laxity  of  doctrine  among 
the  New  School  which  have  been  exhibited,  are  exceptional  cases,  and  that 
the  great  body  of  the  other  Church  sincerely  and  firmly  stand  upon  the  basis  of 
our  common  Standards.  The  many  disclaimers  of  the  unsound  views  charged, 
and  declarations  that  the  standards  are  received  as  by  us,  which  have  been 
made  by  distinguished  and  representative  men,  and  in  the  periodicals  of  the 
New  School  Church,  leave  no  room  to  doubt  that  the  interests  of  sound  doc- 
trine will  be  safe  in  the  united  Church. 

4.  That  the  allegation  of  this  Protest  is  unfounded  is  proven  by  the  fact  that 
the  New  School  Church  have  adopted,  by  a  unanimous  vote,  the  Basis  of  Doc 
trine  presented  by  the  Joint  Committee.  Whatever  may  be  the  preferences 
and  opinions  of  individuals  respecting  particular  clauses  in  the  first  article  in 


OF   THE    GENERAL   ASSEMBLY.  287 

this  basis,  this  General  Assembly  holds  and  affirms  that  it  not  only  commits, 
but  binds  any  ecclesiastical  body  that  should  receive  it  to  pure  and  genuine 
Calvinism.  It  will  be  so  understood  by  all  the  world.  For  it  expressly  lays 
down  the  Westminster  symbol  as  the  doctrinal  platform,  and  expressly 
requires  that  no  doctrine  shall  be  taught  that  is  not  Calvinistic  in  the  old, 
ancestral,  "historical"  meaning  of  this  "term,  or  that  "  impairs  the  integrity  " 
of  the  Calvinistic  system.  We  affirm  that  there  is  not  a  man  upon  the  globe, 
possessed  of  a  sane  mind,  and  acquainted  with  the  subject  of  doctrine,  who 
would  assert  that  the  list  of  errors  and  heresies  mentioned  by  the  signers  of 
this  Protest  is  "Calvinistic  "  in  the  accepted  and  historical  signification  of  the 
term,  or  that  their  reception  would  not  impair  the  integrity  of  the  Calvinistic 
system. 

And  it  must  be  distinctly  observed  that  if  any  doctrines  had  been  hitherto 
allowed  by  the  New  School  body  wliich  "impair  the  integrity  of  the  Calvin- 
istic system,"  they  are  not  to  be  allowed  in  the  united  Church  under  the  terms 
of  union.  Such  doctrines  are  condemned,  and  any  one  who  may  teach  them 
will  be  subject  to  discipline.  It  is  tlie  testimony  of  some  of  the  protesters 
themselves  that  the  great  body  of  the  New  School  are  sound  in  doctrine  ;  our 
own  body  being  the  large  majority  in  the  union,  when  fortified  by  the  acces- 
sion of  the  great  body  of  sound  men  in  the  other,  will  establish  and  confirm 
the  testimony  of  the  Church  to  the  truth  ;  will  preserve  it,  by  God's  help,  from 
error,  and  maintain  intact,  while  it  extends,  the  purifying  and  saving  power 
of  our  venerated  Confession. 

5.  The  errors  and  heresies  alleged  in  the  Protest  are  combated  and  refuted 
in  the  Theological  Seminaries  of  the  New  School. 

Such  Seminaries,  in  any  denomination,  are  important  exponents  of  its  doc- 
trinal position  and  character.  The  Assembly  knows  that  in  the  three  Semi- 
naries of  our  New  School  brethren,  Westminster  Calvinism  is  fully  and  firmly 
taught.  The  Professors  in  these  are  obliged  to  subscribe  the  Westminster 
Confession,  and  heretical  teaching  throws  the  Professor  out  of  his  chair  by  the 
very  constitution  of  these  Seminaries.  The  Assembly  notices  this  point  par- 
ticularly, because  the  authors  of  the  Protest  assert  that  the  doctrinal  errors 
specified  by  them  "have  been  taught  in  some  of  the  Theological  Seminaries 
of  our  land."  Tliis  is  not  the  proper  manner  in  which  to  affix  so  grave  and 
damaging  a  stigma  upon  our  New  School  Presbyterian  brethren.  The  authors 
of  this  Protest  ought  to  have  made  this  allegation,  not  in  the  way  of  insinua- 
tion, but  by  distinct  assertion  and  proof  Many  things  are  "taught  in  the 
Theological  Seminaries  of  our  land,"  which  are  not  taught  in  the  Presbyterian, 
Seminaries  of  the  land,  either  New  School  or  Old. 

6.  The  Protest  alleges  it  to  be  a  "notorious  fact"  that  the  New  School 
Church  insists  that  the  heresies  mentioned  are  compatible  with  Calvinism.  If 
the  alleged  fact  had  been  so  "notorious,"  as  the  Protest  affirms,  it  would  cer- 
tainly have  been  known  to  this  Assembly,  and  would  have  made  it  simply 
impossible  to  have  secured  for  the  Basis  of  the  Joint  Committee,  or  for  any 
other  conceivable  basis,  any  favorable  consideration.  The  idea  of  reunion 
would  not  have  been  entertained  for  a  moment. 

Furthermore,  this  Assembly  emphatically  liolds  up  to  the  Church  and  to  the 
world,  that  it  receives  into  its  ministry  and  membership  those  wlio  adopt  "the 
sj^stem  of  doctrine  taught  in  our  Confession,"  and  that  it  never  has  held,  and 
does  not  now  liold,  that  its  ministers  or  members  shall  "view,  state,  or 
explain  "  that  system  in  any  other  than  the  words  of  the  Holy  Scriptures  and 
our  Standards  ;  and  to  show  that  this  is  the  sentiment  not  only  of  the  Assem- 
bly, but  of  the  protesters  themselves  also,  the  Assembly  here  cites  the  testi- 
mony of  one  of  the  signers  of  the  Protest,  whose  words  have  been  referred  to 
in  the  discussions  just  closed.     Says  Dr.  Hodge  : 

"If  a  man  comes  to  us,  and  says  he  adopts  'the  system  of  doctrine  '  taught 
in  our  Confession,  we  have  a  right  to  ask  him,  '  Do  you  believe  there  are  three 
persons  in  the  Godhead — the  Father,  the  Son,  and  the  Holy  Ghost — and  that 
these  three  are  one  God,  the  same  in  substance,  equal  in  power  and  glory?'  If 
he  says,  Yes,  we  are  satisfied.  We  do  not  call  upon  him  to  explain  how  three 
persons  are  one  God,  or  to  determine  what  relations  in  the  awful  mysteries  of 
the  Godhead  are  indicated  by  the  terms  Father,  Son,  and  Holy  Ghost.  If  we 
ask.  Do  you  believe  that  '  God  created  man  male  and  female,  after  his  own 
image,  in  knowledge,  righteousness  and  holiness,  with  dominion  over  the  crea- 
tures?' and  he  answers.  Yes,  we  are  satisfied.  If  he  says  he  believes  that 
'  the  covenant  being  made  with  Adam,  not  only  for  himself,  but  for  his  pos- 


288  FORM    OF    GOVERNMENT,    CHAP.    XII. 

terity,  all  mankind  descending  from  him  by  ordinary  generation,  sinned  in  him, 
and  fell  with  him,  in  his  first  transgression,'  we  are  satisfied.  If  he  says  that 
he  believes  that  '  the  sinfulness  of  that  estate  whereinto  man  fell  consists  in 
the  guilt  of  Adam's  first  sin,  the  want  of  original  righteousness,  and  the  cor- 
ruption of  his  whole  nature,  which  is  commonly  called  original  sin,  together 
with  all  actual  transgressions  which  proceed  from  it,'  we  are  satisfied.  If  he 
says,  '  Christ  executes  the  oflBce  of  a  priest  in  his  once  ottering  liimself  a  sacri- 
fice to  satisfy  Divine  justice,  and  reconcile  us  to  God,  and  in  making  continual 
intercession  for  us  ;'  we  are  satisfied.  If  he  says  he  Ijelieves  justification  to  be 
'an  act  of  God's  free  grace,  wherein  he  pardoneth  all  our  sins,  and  accepteth 
us  as  righteous  in  his  sight,  only  for  the  righteous  of  Christ  imputed  to  us,  and 
received  bj' faith  alone, '  we  are  satisfied.  Is  not  this  what  is  meant  when  a 
man  says  he  adopts  our  'system  of  doctrine  '  ?  Is  not  this — nothing  more  and 
nothing  less — that  which  we  are  authorized  and  bound  to  require?  God  grant 
that  we  may  unite  on  terms  so  simple,  so  reasonable,  and,  I  must  hope,  so  sat- 
isfactory to  every  sincere,  humble.  Christian  brother." — (Remarks  of  the  Rev. 
Charles  Hodge,  D.D.,  in  the  Philadelphia  Convention.) 

The  Assembly  cannot  enlarge  the  basis  beyond  the  platform  of  God's  truth 
as  stated  in  our  Standards,  and  it  would  not  narrow  the  basis  by  taking  one 
tittle  from  the  form  of  sound  words  therein  contained.  We  declare  our  wil- 
lingness to  unite  with  all  those  who  profess  their  faith  in  the  Lord  Jesus 
Christ,  and  their  adoption  of  "the  Confession  of  Faith  and  Form  of  Govern- 
ment "  of  our  beloved  Church. 

The  protesters  object  to  the  eighth  item  of  the  Basis,  because  it  makes  the 
united  Church  responsible  for  the  publications  of  the  New  School  Committee. 
This  is  a  misapprehension.  The  publications  of  the  New  School  Committee 
and  our  Board  are  to  be  issued  as  now,  with  the  imprint  of  each,  until  tlie  new 
Board  shall  prepare  a  new  catalogue,  for  which  alone  the  united  Church  will 
be  responsible. 

Again,  the  protesters  object  to  the  fourth  article  as  unsettling  past  acts  of 
our  Church.  This  a  matter  of  necessity  where  the  action  of  the  two  bodies 
differs.  It  is  believed,  however,  that  except  in  the  case  of  the  imperative 
clause  of  the  examination  rule  of  1837,  no  important  difierence  can  be  found. 
If  it  is  otherwise,  the  united  Church  is  the  proper  body  to  establish  its  own 
usages.  We  do  not  believe  that  our  brethren  of  the  New  School  Church  have 
now  any  sympathy  with  Congregational  views  of  government,  or  any  objec- 
tion to  usages  that  are  strictly  Presbyterian. 

The  various  amendments  proposed  by  the  protesters  were  laid  on  the  table, 
not  because  they  were  contrary  to  the  sentiment  of  the  Assembly,  but  because, 
under  the  circumstances,  it  was  not  possible  to  engraft  them  upon  the  terms  of 
the  union,  and,  in  the  judgment  of  the  Assembly,  they  were  not  essential  to 
the  integrity  of  the  Calvinistic  basis  on  which  the  union  is  to  be  effected. 

William  G.  T.  Shedd,  J.  G.  Monfort,  S.  Irena;us  Prime,  H.  H.  Leavitt, 
Robert  McKnight,  Committee.— \^m,  pp.  658-665,  O.  S. 

III.  TO  RECEIVE  PETITIONS,  MEMORIALS,  APPEALS,  COMPLAINTS,  ETC. 

1.  The  right  to  petition  and  to  memorialize  the  Assembly  affirmed. 

a.  We,  the  undersigued,  members  of  Assembh^,  respectfully  enter 
our  protest  against  the  action  of  the  General  Assembly,  in  postponing 
indefinitely  the  resolution  offered  by  Dr.  Neill,  in  favor  of  the  right  of 
petition  by  our  Presbyteries  and  Synods;  because — 

1.  No  opportunity  was  offered  to  any  member  to  express  his  views  on 
the  subject  previously  to  the  vote ;  thus  the  Assembly  was  hurried  into  a 
deci.sion,  without  opportunity  to  consider  the  great  injuries  done  by  thus 
virtually  denying  this  sacred  right. 

2.  Because  the  spirit  of  our  free  form  of  government  is  thus  violated, 
inasmuch  as  it  secures  to  the  lower  judicatories  the  right  of  being  heard 
on  all  moral  and  religious  subjects,  when  they  present  their  views  in  a 
regular  and  constitutional  manner. 

To  this  the  Assembly  reply: 

The   protest   imputes  to  this  Assembly  a  principle   which  it  never 


OF   THE   GENERAL   ASSEMBLY.  289 

adopted,  viz.,  the  denial  of  tlie  right  of  petition.  The  true  reason  of 
the  indefinite  postponement  of  Dr.  Neill's  paper  was,  that  as  no  one 
doubted  the  right  of  petition,  a  further  consideration  of  the  subject 
would  consume  time  by  useless  debate  and  legislation.  The  Committee 
regard  this  statement  as  a  sufficient  answer  to  the  protest  in  question. — 
1841,  p.  449,  O.  S. 

b.  The  Committee  to  whom  was  referred  the  protest  of  W.  Bushnell 
and  others  in  relation  to  the  action  of  the  Assembly  on  certain  petitions 
respecting  the  abolition  of  slavery,  reported,  recommending  the  adop- 
tion of  the  following  minute: 

The  General  Assembly,  recognizing  the  right  of  inferior  judicatories, 
and  private  members,  upon  their  own  responsibility,  to  memorialize  this 
body  on  any  subject  which  they  may  regard  as  connected  with  the  inter- 
ests of  the  Church,  and  finding  no  fault  with  the  language  of  the 
protest,  admit  it  to  record  without  further  notice. — 1844,  p.  376,  O.  S. 

2.  One  who  does  not  submit  is  debarred  the  right  to  petition. 

The  Committee  to  whicli  was  referred  the  petition  of  Mr.  Bourne 
reported,  and  their  report,  being  read,  was  accepted.  Whereupon  it  was 
resolved,  that  as  it  appears  to  be  a  fact  that  Mr.  Bourne  has  not  sub- 
mitted to  the  judgment  of  the  Assembly  in  affirming  a  decision  by  which 
he  was  deposed  from  the  Gospel  ministry,  he  be  permitted  to  withdraw 
his  petition. — 1823,  p.  93. 

3.  Overtures  on  any  pending  judicial  case  will  not  be  received. 

The  Judicial  Committee  has  had  referred  to  it  overtures  from  the 
following  Presbyteries,  to  wit:  Indianapolis,  Chicago,  Bloomington, 
La  Crosse,  Kingston,  Monroe,  Denver,  Elizabeth,  Montana,  Petoskey, 
Lake  Superior,  Mattoon,  Trinity,  Lyons,  Milwaukee,  Boston,  White 
Water,  Chippewa,  Austin,  Steuben,  Detroit,  Grand  Rapids,  Cayuga, 
Albany,  Mankato,  Binghamton,  Niagara,  Utica  and  North  River,  all 
of  which  overture  the  Assembly  to  take  certain  specific  action,  some  in 
one  direction  and  some  in  another,  in  a  judicial  case  pending  before  this 
Assembly.  It  has  also  had  referred  to  it  overtures  from  the  following 
Presbyteries,  viz. :  North  River,  Utica,  Niagara,  Binghamton,  Man- 
kato, Albany,  Cayuga,  Mattoon,  Steuben,  Grand  Rapids,  Rochester, 
Montana,  Newark,  Syracuse  and  Grand  Rapids,  all  of  which  overture 
that  certain  changes  be  made  in  the  Book  of  Discipline  to  prevent  any 
appeal  being  taken,  in  the  future,  direct  from  the  Presbytery  to  the 
General  Assembly.  Your  Committee,  having  carefully  considered  all 
of  said  overtures,  recommend  the  adoption  by  the  Assembly  of  the 
following  resolution : 

Resolved,  That  a  Presbytery  has  the  undoubted  right  of  petition  to 
the  General  Assembly,  as  to  all  matters  relating  to  the  polity  of  the 
Church ;  but  an  overture  from  a  Presbytery,  advising  the  Assembly  what 
action  should  be  taken  by  said  Assembly  in  a  pending  judicial  case,  is 
an  irregular  and  unprecedented  ecclesiastical  procedure.  Every  Presby- 
tery has  the  right  and  the  opportunity  to  have  its  opinion  on  a  pending 
judicial  case  expressed  through  its  commissioners  on  the  floor  of  the 
Assembly ;  but  it  has  not  the  right  by  overture  to  try  to  influence  the 
decision  of  the  Assembly  on  any  pending  judicial  case.  It  is,  therefore, 
recommended  that  all  such  overtures,  in  so  far  as  they  relate  to  the  action 
10       . 


290  FORM  OF  GOVERNMENT,  CHAP.  XII. 

of  the  Assembly  in  any  case  now  pending  before  it,  be  laid  upon   the 
table.— 1893,  p.  91. 

4.  The  rule  as  adopted  at  the  Reunion,  1870 :  Bills,  overtures,  etc.. 
received  only  from  Presbyteries  and  Synods. 

The  report  of  the  Joint  Committee  on  Keconstruction  recommended 
the  following,  which  was  adopted: 

As  much  time  is  consumed  and  the  attention  of  the  Assembly  dis- 
tracted with  overtures  and  questions  of  minor  importance  coming  up 
from  various  quarters,  impeding  the  transaction  of  business  of  more 
general  interest,  it  is  recommended  that  the  Assembly  order  that,  here- 
after, bills  and  overtures  come  up  only  from  Synods  or  Presbyteries;  yet, 
that  this  may  not  prevent  any  Committee  of  Bills  and  Overtures  from 
bringing  before  the  house,  of  its  own  motion,  upon  a  two-thirds  vote  of 
the  Committee,  any  matter  which  they  may  deem  of  sufficient  importance 
to  engage  the  attention  of  the  General  Assembly. — 1870,  p.  90. 

5.  The  rule  of  1870  affirmed  and  enforced. 

a.  From  the  Rev.  Joseph  Mathers,  pastor  of  the  church  of  Logan's 
Valley,  Pa.,  asking  advice  regarding  the  church  relations  of  persons 
who  felt  aggrieved  by  a  certain  disposition  of  church  property.  While 
your  Committee  recognize  the  rule  that  might  have  debarred  this  over- 
ture, they  recommend  the  Assembly  to  direct  the  parties  to  make  their 
complaints  to  their  Presbytery  or  Synod.     Adopted. — 1882,  p.  97. 

b.  Overture  on  the  subject  of  communion  wine,  signed  by  Rev. 
Henry  K.  Henuigh.  The  Committee  are  of  opinion  that  an  overture 
coming  from  a  private  individual,  instead  of  from  a  lower  Church  judi- 
catory, should  not  be  regarded  as  properly  before  the  Assembly.  This 
was  so  held  by  the  Assembly  of  1870  (see  Digest,  1886,  p.  523). 

But  if  this  point  could  be  considered  doubtful,  the  deliverance  of  the 
Assembly  of  1881  (p.  548)  fully  covers  the  subject  of  this  overture, 
and  a  reference  thereto  is  a  sufficient  answer.  We  therefore  recommend 
that  no  further  answer  be  given.  Adopted. — 1882,  p.  57;  1885,  p. 
685. 

C.  Overture. — A  memorial  from  the  Rev.  Jonathan  Edwards,  D.  D. , 
LL.  D.,  and  Rev.  Raymond  H.  Leonard,  in  relation  to  the  use  of  the 
New  Version  of  the  New  Testament  by  the  Board  of  Publication  in  its 
Sabbath-school  helps.  This  memorial  is  affected  by  the  same  rule  referred 
to  in  answer  to  No.  10.  It  comes  up  to  the  Assembly  through  none  of 
the  lower  judicatories  of  the  Church.  But  if  the  right  of  the  memori- 
alists to  be  heard  is  considered,  the  Committee  are  not  aware  of  any 
action  of  the  Board  relating  to  the  New  Version,  or  of  any  use  made  of 
the  same  in  its  Sabbath-school  helps,  except  as  an  aid  to  a  proper 
understanding  of  the  text  of  the  Standard  Version.  No  action,  there- 
fore, seems  to  be  needed. — 1882,  p.  58. 

d.  Overtui'e  from  the  pastor  and  the  President  of  the  Board  of  Trus- 
tees of  the  West  Union  Church,  Presbytery  of  Washington,  W.  Va. , 
iisking  that  Chap,  xv,  Sec.  iv,  of  our  Form  of  Government,  be  thus 
interpreted:  "  The  congregation  have  the  right,  when  assembled  for  the 
transacticm  of  secular  business  or  the  election  of  a  pastor,  to  decline 
receiving  the  votes  of  such  church  members  as  may  either  refuse  to  sup- 
port the  church  or  as  may  refuse  to  contribute,  according  to  the  rules  of 
that  congregation,  to  all  its  necessary  expenses." 


OF   THE   GENERAL    ASSEMBLY.  291 

Your  Committee  would  respectfully  answer  this  overture  by  referring 
to  the  rule  of  the  General  Assembly  on  p.  523,  Moore's  Digest,  1886, 
wliich  debars  the  reception  of  overtures  except  such  as  are  presented 
through  a  Synod  or  Presbytery.     Adopted. — 1883,  p.  627. 

e.  Overture  from  the  Rev.  John  Pym  Carter,  with  reference  to  a 
constitutional  amendment  which  shall  empower  the  Presbyteries  to  take, 
in  the  election,  ordination  and  installation  of  ruling  elders,  the  same 
oversight  as  in  the  case  of  pastors. 

The   Committee   recommend   the  following   answer:  The  overture  is 
irregular,  as  the  General  Assembly  has  decided  that  all  overtures  shall 
come  to  it  through  Presbyteries  or  Synods,  and  not  through  individuals 
or  Sessions.     Adopted. — 1883,  p.  627. 
[Note.— See  under  (8)  below,  1887,  p.  118.] 

6.  The  rule  does  not  deny  the  right  of  petition :  its  repeal  inexpedient. 

Overture  from  the  Presbytery  of  Baltimore,  asking  the  repeal  of  the 
Standing  Rule  in  the  Minutes  of  the  Assembly  for  1870,  p.  90,  which 
limits  the  right  of  petition  or  overture  to  the  Presbyteries  and  Synods, 
and  thus  "  deprives  the  Church  at  large  of  the  inalienable  right  of 
petition." 

The  Committee  recommends  that  as  the  rule  referred  to  does  not  deny 
the  right  of  petition,  but  only  prescribes  an  orderly  method  of  action, 
and  saves  the  Assembly  from  unnecessary  demands  upon  its  time,  the 
overture  be  answered  in  the  negative.     Adopted. — 1884,  pp.  75,  76. 

[Note.— The  rule  gives  wide  discretion  to  the  Committee  of  Bills  and  Overtures, 
see  No.  4,  above:  "Any  matter  which  they  may  deem  of  sufficient  importance  to 
engage  the  attention  of  the  General  Assembly." — 1870,  p.  90.] 

7.  Memorial  from  an  individual  received. 

a.  A  memorial  from  David  M.  Wilson,  of  the  Presbytery  of  King- 
ston, Synod  of  Tennessee,  praying  this  General  Assembly  to  give  an 
authoritative  deliverance  in  reference  to  the  right  of  a  Synod  to  organize 
a  colored  Presbytery  on  territory  included  in  Presbyteries  already 
existing. 

The  Committe  on  Polity  recommend  that  this  request  be  granted,  and 
that  the  authoritative  deliverance  be  made  according  to  the  definition  of  a 
Presbytery  in  Chap,  x,  Sec.  ii,  of  our  Form  of  Government.  Adopted. 
—1873,  p.  525. 

b.  From  the  Rev.  Luther  Dodd,  a  member  of  the  Presbytery  of  Fort 
Dodge  (received  and  answered). — 1879,  p.  613. 

C.  From  a  member  of  the  Presbytery  of  Iowa  City,  asking,  etc. 
(received  and  answered ;  see  below.  Chap,  xiii,  Sec.  iv). — 1880, 
p.  46. 

d.  From  parties  unknown  to  your  Committee(received  and  answered). 
—  1880,  p.  46. 

e.  An  overture,  "  from  the  venerable  patriarch,  the  Rev.  Samuel  C. 
Jennings,  asking  the  Assembly  to  urge  the  importance  of  practical  work 
in  the  cause  of  temperance"  (answered  by  referring  to  former  testi- 
monies; Digest,  1886,  pp.  595-605).— 1881,  p.  550. 

f.  From  Chaplain  Blake,  answered:  "  Do  not  think  it  wise  for  this 
Assembly  to  interfere  in  the  case  as  an  Assembly." — 1889,  p.  111. 


292  FORIW  OF  GOVERNMENT,  CHAP.  XII. 

8.  The  overtures  contemplated  by  the  Rule  of  1870  defined. 

The  Standing  Committee  on  the  Polity  of  the  Church  presented  a 
report,  which  was  adopted,  and  is  as  follows: 

An  overture  has  been  referred  to  your  Committee  from  Mr.  David  H. 
Miller,  of  Chicago,  111.,  propounding  several  questions  which  he  desires 
this  Assembly  to  answer,  as  explanatory  of  Chapter  x.  Sec.  viii,  of  our 
Form  of  Government.  The  practice  of  the  Assembly  with  respect  to 
the  reception  and  consideration  of  papers,  originating  with  private  indi- 
viduals, as  distinguished  from  Presbyteries  and  Synods,  is  by  no  means 
uniform.  For  the  most  part,  hoAvever,  the  Assembly  has  distinguished 
in  this  matter  between  overtures  or  papers  bearing  upon  general  topics  on 
the  one  hand,  and  memorials  or  papers  relating  to  personal  interests  on 
the  other.  In  the  judgment  of  your  Committee,  this  distinction  deserves 
to  be  emphasized.  The  right  of  petition  is  inviolable  in  the  Church  as 
in  the  State ;  and  whenever  private  interests  are  involved,  a  memorial 
sent  to  this  body  ought  to  be  received,  and  the  determination  of  the 
Assembly  considered.  When,  however,  papers  of  a  general  charactei', 
which  may  properly  be  called  overtures,  are  presented,  in  order  to  be 
entertained  by  the  Assembly,  they  should  come  through  the  medium  of 
the  Presbytery  or  the  Synod. 

The  paper  of  Mr.  Mitchell,  which  has  been  referred  to  your  Commit- 
tee, is  presented  in  this,  and  belongs  to  the  latter  class.  Your  Com- 
mittee, therefore,  recommends  that  with  reference  to  it  no  action  be  taken. 
Adopted.— 1887,  p.  118. 

9.  Memorials,  overtures,  etc.,  have  been  received  from— 

a.  The  Broadway  Presbyterian  Church,  Rock  Island  (answered). — 
1878,  p.  71. 

b.  From  the  Session  of  the  First  Church,  Dayton,  O.  (answered). — 
1882,  pp.  98,  99.      [See  below,  Form  of  Government,  Chap,  xiii,   Sec. 

C.  From  the  Presbyterian  Annuity  and  Life  Insurance  Co. — 1876,  p. 
44  and  pp.  72,  73;  1881,  p.  550. 

d.  Overture. — A  request  from  the  Woman's  Presbyterial  Missionary- 
Society  of  the  Presbytery  of  Alton,  that  the  Assembly  define  the  boun- 
dary lines  between  the  Woman's  Board  of  the  Northwest  and  the 
Woman's  Board  of  the  Southwest,  with  the  view  of  preventing  confusion 
and  embarrassment  in  the  operations  of  said  societies. 

The  Committee  recommend  that  no  action  be  taken.     Adopted,  1878, 

p.  69. 

[Note. — All  memorials,  overtures,  petitions,  etc.,  are  referred  to  the  Committee  of 
Bills  and  Overtures,  which  reports  to  the  Assembly  and  recommends  what  disposition 
shall  be  made  of  them.] 

IV.   POWER  OF  VISITATION. 

1.  The  power  of  visitation  exercised  by  the  Assembly. 

a.  In  the  examination  of  the  appeal  of  Mr.  Chavis  it  has  appeared 
that  great  irregularities  of  administration  and  discipline  exist  in  the 
Presbytery  of  Atlantic  and  in  some  of  its  churches,  which  require  inves- 
tigation and  correction ;  and,  to  that  end,  your  Committee  beg  leave  to 
recommend  the  following: 

Resolved,  That  the  Rev.  E.  E.  Swift,  D.D.,  the  Rev.  James  Allison, 
D.D.,  the  Rev,  R.   H.  Allen,  D.D.,  James  B.  Lyon,   Esq.,  and  John 


OF   THE   GENERAL    ASSEMBLY,  293 

C.  McComb,  Esq.,  officers  and  members  of  the  Board  of  Missions  for 
Freedmeu,  be  and  they  are  hereby  appointed  a  Committee,  and  are 
instructed  to  visit  the  Presbytery  of  Atlantic  and  the  churches  thereof, 
to  inquire  into  their  condition,  and  any  irregularities  of  practice  or  disci- 
pline which  may  exist  therein ;  and  to  aid  with  their  advice  in  correct- 
ing the  same,  and,  so  far  as  possible,  to  strengthen  and  encourage  the 
churches,  pastors  and  missionaries  in  the  bounds  of  said  Presbytery ;  and 
that  the  Committee  make  report  of  their  doings  to  the  next  General 
Assembly. 

Resolved,  That  the  necessary  expenses  of  the  Committee  be  audited  by 
said  Board,  and  be  paid  out  of  the  treasury  thereof.  Adopted. — 1884, 
p.  108. 

[Note. — See  Book  of  Discipline,  Sees.  Ixxv,  Ixxvi.] 

Report  of  the  Committee. 

b.  The  Special  Committee  appointed  by  the  last  Assembly  to  visit  the 
Synod  of  Atlantic  (Minutes,  1884,  p.  108)  presented  its  report,  which 
was  accepted,  approved,  and  the  Committee  discharged.  The  report  is 
as  follows: 

A  judicial  case,  involving  the  moral  character  of  one  of  the  members 
of  the  Presbytery,  was  brought,  by  complaint,  to  the  attention  of  the  last 
Assembly.  It  was,  perhaps,  the  knowledge  of  this  case  that  created  the 
impression  in  that  Assembly  that  licentiousness  was  too  often  tolerated  or 
too  leniently  dealt  with,  and  occasioned  the  appointment  of  your  Com- 
mittee. 

With  the  settlement  of  that  judicial  case  your  Committee  could  have 
nothing  to  do.  The  last  Assembly  had  directed  the  Synod  of  Atlantic 
to  take  proper  action  in  the  premises.  The  business  of  the  Committee 
Avas  confined  to  inquiries  with  regard  to  the  state  of  morals  among  the 
colored  people  within  the  limits  of  the  Presbytery  of  Atlantic,  and  the 
faithfulness  of  Sessions  in  the  maintenance  of  discipline. — 1885,  p.  584. 

[Note. — For  the  report  of  the  Committee  of  the  result  of  their  inquiries  and 
action,  see  Moore's  Digest,  1886,  pp.  527,  528.] 

2.  Committee  to  Visit  Lane  Seminary. 

fNoTE. — See  under  Lane  Seminary,  Chap,  xii,  Sec.  v,  below.] 

V.  PASTORAL  LETTERS  AND  DELIVERANCES  ON  TOPICS  OF 
VITAL  INTEREST. 

[Note. — Under  its  general  powers,  as  defined  in  Sec.  v,  the  Assembly  from  time  to 
time,  as  the  exigencies  of  the  times  demanded,  issued  pastoral  letters  and  deliverances 
<in  topics  of  vital  interest.  Those  de-signated  in  this  paragraph  are  omitted  in  this 
Digest,  for  the  reason  that  the  most  of  them  were  called  forth  by  events  and  situations 
which  are  now  largely  historical,  and  for  the  further  reason  that  they  may  be  found 
in  the  several  Digests  named.]  ' 

1.  On  Missions. 

[Note.— See  Digest,  1886,  pp.  280,  281 ;  Minutes,  1719,  p.  58.] 

2.  On  occasion  of  the  old  French  War. 

[Note.— See  Digest,  1886,  pp.  281,  282;  Minutes,  1756,  p.  276.] 

3.  On  the  repeal  of  the  Stamp  Act. 

([Note.- See  Digest,  1886,  pp.  282-284 ;  Mimdes,  1766,  p.  362.] 


294  FORM  OP  GOVERNMENT,  CHAP.  XII. 

4.  TTpon  occasion  of  the  Revolutionary  War. 

[Note.— See  Digest,  188G,  pp.  284-287  ;  Minutes,  1775,  pp.  46(3-409.] 

5.  Address  to  Washing^ton  on  his  election  to  the  Presidency  and  reply. 

[Note.— See  Digest,  1886,  pp.  287-289;  Minutes,  1789,  p.  11.] 

6.  On  the  results  of  the  French  Revolution. 

[Note.— See  Digest,  1886,  pp.  289-291 ;  Minutes,  1798,  p.  152.] 

7.  On  disturbances  in  Kentucky  and  the  Southwest. 

[Note.— See  Digest,  1886,  pp.  291-294  ;  Minutes,  1804,  pp.  314-317.] 

8.  On  the  Sabbath. 

[Note.— See  Digest,  1886,  pp.  294-296  ;  Minutes,  1814,  pp.  569,  570.] 

9.  On  Christian  activity. 

[Note.— See  Digest,  1886,  pp.  296-300  ;  Minutes,  1817,  pp.  661-664.] 

10.  On  prevalent  vices  and  immoralities. 

[Note.— See  Digest,  1886,  pp.  300-302 ;  Minutes,  1818,  pp.  689,  690.] 

11.  On  revivals  and  their  abuses. 

[Note.— See  Digest,  1886,  pp.  302-306  ;  3Iinutes,  1832,  pp.  377-880.] 

12.  On  the  maintenance  of  doctrinal  purity. 

[Note.— See  Digest,  1886,  pp.  306-313 ,  Minutes,  1839,  pp.  183-187,  O.  S.] 

13.  On  revivals  of  religion. 

[Note.— See  Digest,  1886,  pp.  313-320 ;  Minutes,  1849,  pp.  424-429,  0.  S.] 

14.  On  repairing  the  wastes  of  the  war. 

[Note.— See  Digest,  1886,  pp.  320-322;  Minutes,  1865,  pp.  600-602,  0.  S.] 

15.  On  the  observance  of  the  Sabbath. 

[Note.- See  Digest,  1886,  pp.  322-325  ;  Minutes,  1867,  pp.  385-387,  0.  S.] 

16.  On  the  Civil  War. 

[Note.— See  Minutes,  1866,  pp.  82-90,  0.  S.] 

[Note. — For  the  pastoral  and  circular  letters  of  the  Assembly  of  1837.  see  Baird's 
Digest,  1858,  pp.  760-763 ;  Minutes,  1837,  pp.  499-502.  For  the  pastoral  of  1838,  O.  S., 
see  Baird's  Digest,  pp.  780-784;  Minutes,  pp.  48-51,  0.  S.  For  the  pastoral  of  1838, 
N.  S.,  see  Moore's  new  Digest,  1861,  pp.  522-526 ;  Minutes,  1838,  pp.  663-667,  N.  S.J 

17.  Report  on  the  perils  which  beset  the  system  of  popular  education. 

The  Committee  on  the  Perils  which  Beset  the  System  of  Popular 
Education  presented  their  report,  which,  having  been  read  and  consid- 
ered, was  adopted,  and  is  as  follows: 

The  Committee  appointed  to  consider  the  perils  which  beset  the  system 
of  popular  education  in  this  country,  and  to  prepare  a  minute  expressive 
of  the  sentiment  of  the  General  Assembly  on  this  momentous  question, 
beg  leave  to  report: 

The  public  school  in  the  United  States  is  a  most  precious  heirloom  of 
American  liberty.  Planted  in  the  early  colonial  days,  it  has  grown  and 
expanded  into  one  of  the  most  beneficent  and  fruitful  institutions  of  the 
country.  Its  history  is  interwoven  with  that  of  the  nation.  No  other 
agency,  if  we  except  the  Church  of  God,  has  had  so  large  a  share  in 
laying  the  foundations  of  popular  intelligence,  virtue  and  freedom  in  the 
United  States.       In  hardly  any  other   institution  is  the   characteristic 


OF   THE   GENERAL   ASSEMBLY.  295 

American  idea  so  happily  and  fully  realized.     It  cannot  be  endangered^ 
therefore,  without  peril  to  the  vital  interests  of  American  society. 

In  this  view  the  recent  assaults  upon  it  are  fitted  to  arrest  the  attention 
of  every  Christian  patriot  and  philanthropist.  These  assaults  resemble 
skirmishes  which  precede  and  are  intended  to  draw  on  a  great  battle. 
But  the  motives  and  ultimate  aim  of  those  who  have  made  them  are  very 
different ;  they  have  joined  hands  merely  to  gain  a  temporary  advantage. 
One  party  hold  that  the  pubhc  school  should  be  purged  of  every  vestige 
of  religion,  that  inasmuch  as  all  the  people  are  taxed  for  its  support  there 
should  be  recognized  in  it  no  form  of  Christian  instruction  or  influence  to 
which  any  of  the  tax-payers  profess  conscientious  objections.  This  is  the 
position  maintained  by  the  advocates  of  a  total  divorce  of  popular  educa- 
tion from  the  Christian  life  and  morals  of  the  nation.  The  other  party 
regard  such  a  theory  of  popular  education  as  false  and  unchristian ;  they 
hold  that  there  should  be  careful  instruction  in  religious  truth  and  duty 
under  the  direction  of  the  Church ;  and  inasmuch  as  this  is  not  possible 
in  the  common  school,  they  advocate  for  themselves  the  sectarian  school, 
and  demand  their  share  of  the  public  school  fund  to  enable  them  to- 
sustain  it. 

The  importance  of  the  question  thus  raised  cannot  be  easily  overesti- 
mated. The  question  of  popular  education,  indeed,  both  at  home  and 
abroad,  is  one  of  the  great  problems  of  the  age.  Its  decision  among 
ourselves  involves  consequences  of  vast  moment  to  the  American  people. 
Shall  the  old  system  be  revolutionized,  and  every  form  of  Christian 
instruction  or  influence  in  the  public  school  be  prohibited  ?  Or  shall  the 
institution  itself  be  given  up,  and  sectarian  schools  take  its  place  ? 

We  should  regard  the  successful  attempt  to  expel  all  religious  instruc- 
tion and  influence  from  our  public  schools  as  an  evil  of  the  first  magni- 
tude. Nor  do  we  see  how,  according  to  the  principles  upon  which  it  is 
advocated,  this  can  be  done,  without  inflicting  a  deadly  wound  upon  the 
intellectual  and  moral  life  of  the  nation.  It  is  contended  that  the  rights 
of  the  individual  conscience,  as  also  the  just  limits  of  political  power 
under  our  constitution  of  government,  are  violated  by  the  existing  sys- 
tem. But  scarcely  more,  we  reply,  than  they  are  violated  by  the  very 
genius  and  organization  of  American  society;  no  more  than  they  are 
violated  by  all  public  acknowledgment  of  God  and  His  providential  gov- 
ernment, by  oaths  of  office,  by  the  recognition  of  the  Lord's  day,  by- 
chaplaincies  in  the  army  and  navy,  or  by  laws  against  polygamy,  blas- 
phemy, perjury  and  other  forms  of  open  immorality  and  crime ;  no  more, 
in  a  word,  than  they  are  violated  by  the  fimdamental  ideas  and  order  of 
our  Christian  civilization.  We  look  upon  the  State  as  an  ordinance  of 
God,  and  not  a  mere  creature  of  the  popular  will,  and  under  its  high 
responsibility  to  the  Supreme  Ruler  of  the  world,  we  hold  it  to  be  both 
its  right  and  bounden  duty  to  educate  its  children  in  those  elementary 
principles  of  knowledge  and  virtue  which  are  essential  to  its  own  security 
and  well-being.  The  union  of  Church  and  State  is  indeed  against  our 
American  theory  and  constitutions  of  government,  but  the  most  intimate 
union  of  the  .State  with  the  saving  and  conservative  forces  of  Christi- 
anity is  one  of  the  oldest  customs  of  the  country,  and  has  always  ranked 
as  a  vital  article  of  our  political  faith.  What  impressive  illustrations  of 
this  occur  along  the  whole  line  of  our  history,  and  especially  during  our 
late  national  struggle !  We  cannot,  therefore,  help  regarding  the  notion 
of  an  absolute  secularization  of  the  public  school,  so  that  no  Christian 


296  FORM    OP   GOVERNMENT,    CHAP.    XII. 

element  shall  remain  in  it,  as  un-American,  wrong  and  impracticable. 
We  do  not  see  how  it  can  be  done  without  a  complete  revision  of  the 
literature  and  very  dictionary  of  the  language,  without  reducing  the 
education  of  the  future  citizens  of  the  republic  to  the  most  meagre  and 
pitiable  skeleton  of  knowledge,  without  training  up  the  children  of  the 
people  in  ignorance  of  some  of  the  most  interesting  and  glorious  incidents 
and  characters  of  their  own  history.  Nor  do  we  see  how  it  can  be  done 
without  sooner  or  later  stamping  downright  atheism,  not  only  upon  the 
public  school,  but  upon  every  other  institution  of  the  State,  and  upon  the 
whole  action  of  government  itself.  The  American  people,  we  cannot 
doubt,  are  utterly  opposed  to  so  baleful  a  dogma.  It  is  contrary  to  their 
history,  to  their  practice  from  the  beginning  and  ti)  their  deepest  convic- 
tions. 

But  while  they  can  never  constent,  as  we  believe,  to  expel  all  recogni- 
tion of  God  and  His  truth  from  the  public  school,  neither  can  they 
consent,  on  the  other  hand,  to  let  a  portion  of  the  public  schools  pass 
under  the  control  of  any  particular  denomination,  and  thus  become  the 
instruments  of  sectarian  instruction  and  influence.  It  is  a  matter  of  the 
utmost  importance  that  the  children  of  the  people  should  be  educated 
together,  under  the  same  roof,  in  the  same  atmosphere  of  American 
thought  and  feeling,  and  in  those  common  elements  of  knowledge,  virtue, 
fraternal  symphy,  humanity  and  patriotism  which  go  to  form  a  good 
and  loyal  citizen  of  our  great  republic. 

We  sincerely  trust,  therefore,  that  our  Roman  Catholic  fellow-citizens, 
who  agree  with  us  on  the  importance  of  the  moral  and  religious  element 
in  popular  education,  will  continue  to  cooperate  with  us  in  sustaining 
our  American  common-school  system,  and  in  infusing  into  it  as  far  as 
possible  those  universal  and  benign  principles — such  as  love  to  God  and 
love  to  our  neighbor — which  lie  at  the  foundation  of  human  duty  and 
are  essential  to  the  right  training  of  the  youthful  mind.  On  this  patri- 
otic and  catholic  platform  we  should  hope  that  a  very  large  majority  of 
those  even  who  dissent  entirely  fx'om  our  theological  views,  and  belong, 
indeed,  to  no  branch  of  the  Christian  Church,  would  be  willing  to  stand 
with  us.  We  cannot  think  that  there  are  many  of  our  countrymen 
who  would  seriously  object  to  having  their  children  trained  up  in  the 
public  school  under  the  influence  of  these  ancestral  and  truly  democratic 
principles.  The  number  of  such  in  the  past  has  been  exceedingly  .small, 
and  we  cherish  the  confident  hope  that  it  AviU  be  so  in  the  future.  We 
believe  that  the  roots  of  our  human  and  Christian  nationality  lie  deep  in 
the  heart  of  the  American  people. 

In  accordance  with  the  foregoing  views,  your  Committee  submit  the 
following  resolutions: 

Resolved,  1.  That  the  General  Assembly  regard  the  free  public  school 
as  an  essential  part  of  our  republican  system  as  conducive  in  the  highest 
degree  to  the  moral  unity,  common  spirit  and  kindly  sympathies  of  Ameri- 
can citizenship,  and  as  closely  connected  with  all  the  best  interests  of 
Christian  society  in  the  United  States. 

Resolved,  2.  That  in  the  judgment  of  the  General  Assembly  the  divorce 
of  popular  education  from  all  religious  elements,  while  involving  a  radical 
departure  from  the  spirit  and  principles  in  which  our  public  school  had 
its  origin,  would  be  eminently  unwise,  unjust  and  a  moral  calamity  to  the 
nation. 

Resolved,  3.   That  the  General  Asseml^ly  are  also  entirely  opposed  to 


OF   THE   GENERAL   ASSEMBLY.  297 

the  appropriation  of  any  portion  of  the  public  school  funds  for  the  support 
of  sectarian  institutions,  and  would  regard  the  establishment  of  such  a 
poUcy  as  fraught  with  the  greatest  mischief  not  only  to  the  cause  of 
popular  education,  but  hardly  less  to  the  interests  of  American  freedom, 
unity  and  progress. 

Resolved,  4.  That  whereas  the  Bible  is  not  only  the  Magna  Charta  of 
the  spiritual  rights  and  liberties  of  mankind,  but  is  also  preeminently  our 
national  book,  the  best  model  of  our  mother  tongue  and  the  fountain  of 
our  highest  thought  and  of  our  ruling  ideas,  both  in  private  and  public 
life,  the  General  Assembly  would  regard  its  expulsion  from  the  schools  of 
the  people  as  a  deplorable  aud  suicidal  act,  nor  can  they  perceive  that 
any  real  advantage  could  thereby  be  gained  to  the  cause  of  popular 
education. 

Resolved,  5.  That  the  General  Assembly,  conscious  of  being  actuated 
in  this  matter  by  no  other  motive  than  the  greatest  good  of  the  whole 
country,  hereby  profess  their  readiness  to  cooperate  with  all  Christian 
people,  of  whatever  name,  and  with  all  good  citizens,  in  so  modifying 
aud  perfecting  our  noble  public  school  system  as  to  obviate,  as  far  as 
practicable,  the  conscientious  scruples  and  difficulties  of  any  of  its  friends, 
aud  thus  to  render  it  a  fountain  of  still  greater  light  and  benediction  to 
us  and  our  children  after  us  to  the  latest  generation. — 1870,  pp.  49-52, 

18.  Testimony  against  the  support  of  Roman  Catholic  and  other  denomi- 
national institutions  by  public  funds. 

The  following  minute  was  adopted: 

Whereas,  Legislatures  of  different  States  of  this  Union  have  been  in 
the  habit,  at  the  instance  of  members  of  the  Roman  Catholic  Church,  of 
appropriating  public  money,  collected  by  taxation  from  citizens,  members 
of  other  Churches,  to  various  institutions  in  connection  with  said  Church, 
all  of  which  are  as  really  devoted  to  the  propagation  and  advancement 
of  that  religion  as  their  schools  and  colleges  and  churches  can  be;  and 

Whereas,  Such  appropriations  so  made  are,  more  or  less,  the  State  com- 
pelling members  of  other  denominations  against  their  will  and  against 
their  consciences  to  support  aud  build  up  that  Church  and  its  institutions, 
in  violation  of  the  fundamental  principles  and  the  constitutional  rights 
which  the  people  of  this  nation  have  always  held  most  sacred;  and 

Whereas,  Such,  appropriations  are  really  a  union  of  Church  and  State, 
in  which  the  people  and  members  of  all  Protestant  Churches  are  compelled 
by  such  action  to  support  a  religion  against  which  they  protest,  the  same 
is  not  only  unfair,  unjust,  but  oppressive  to  the  consciences  of  the  whole 
Protestant  community,  and  a  trampling  upon  their  rights  and  liberty; 
therefore 

Resolved,  1.  That  this  Assembly  unites  with  the  other  Protestant 
denominations,  and  all  citizens  feeling  themselves  thus  aggrieved  by  this 
action,  and  protest  against  it  as  an  act  of  civil  and  religious  oppression. 

Resolved,  2.  That  we  call  the  attention  of  all  our  ministers,  church 
officers  and  members,  and  all  friends  of  civil  and  religious  liberty 
throughout  the  whole  nation,  to  lift  up  their  voices  and  use  their  influence 
in  preserving  to  all  our  people  and  to  generations  to  come  those  glorious 
privileges  and  principles  which  our  fathers  secured  to  us  at  such  great 
cost. 

Resolved,  3.  That  no  principle  has  been  better  established  in  regard  to 
this  nation  than  the  entire  separation  of  the  Church  and  the  State,  and 


298  FORM  OF  GOVERNMENT,  CHAP.  XII. 

that  the  State  has  no  more  right  to  compel  by  taxation  one  of  its  citizens 
to  contribute  money  to  the  building  up  and  advancing  of  the  Roman 
Catholic  or  any  other  denomination  than  it  has  to  compel  us  to  unite  with 
their  Church;  and  that  moneys  or  grants  should  not  be  appropriated  to 
any  denominational  institution,  or  any  institution  of  any  kind  which  is 
not  connected  with  and  under  the  control  of  the  State. 

Resolved,  4.  That  at  this  time  it  behooves  all  our  people  to  be  watchful 
on  this  subject,  when  the  declared  policy  and  i:)rinciple  of  the  Roman 
Catholic  Church  is,  that  a  separation  of  Church  and  State  is  under  its  curse, 
and  it  is  laboring  to  secure  a  union  to  advance  its  power.  — 1878,  p.  55. 

19.  Protest  against  appropriation  of  public  funds  for  ecclesiastical  uses. 

a.  The  Committee  has  received  a  copy  of  a  bill  now  pending  in  Con- 
gress, which  involves  large  appropriations  of  public  funds  for  religious 
institutions.  They  recommend  that  this  Assembly  hereby  heartily  reaffirms 
the  action  of  the  Assembly  of  1892  {Minutes,  p.  46)  and  of  the  Assem- 
bly of  1893  (Minutes,  p.  115). 

They  furthermore  recommend,  that  believing  the  gift  of  public  moneys 
for  the  support  of  rehgious  institutions  is  not  only  fatally  prejudicial  to 
the  national  welfare,  but  is  also  in  conflict  with  the  First  Amendment  to 
our  National  Constitution,  and  in  view  of  the  enormous  and  portentous 
grants  of  financial  aid  which  are  persistently  bestowed  by  the  Govern- 
ment upon  the  Romish  Church,  this  Assembly  does  hereby  protest  most 
earnestly  against  any  donation  of  National,  State  or  municipal  funds  for 
ecclesiastical  uses,  by  whomsoever  sought,  or  upon  whatsoever  pretext. — 
1894,  p.  166. 

b.  Overture  from  the  Presbyterian  Mission  in  India  asking  for  an  in- 
terpretation of  the  above  deliverance,  and  putting  the  following  questions: 

"  1.  Is  this  declaration  intended  to  discourage  the  acceptance  of  such 
funds  for  like  objects  on  the  foreign  mission  fields  of  our  Church  as  well 
as  in  the  United  States  of  America  ? 

' '  2.  Does  it  discourage  the  acceptance  of  land  or  of  buildings  to  be 
used  in  mission  work  ?" 

Your  Committee  recommend  the  following  answer: 

The  deliverance  of  the  General  Assembly  of  1894  to  which  reference 
is  made  was  designed  to  apply  to  conditions  existing  in  the  United  States 
of  America,  and  was  in  no  wise  intended  to  discourage  -the  acceptance  of 
gifts  of  any  kind  to  mission  work  in  foreign  lands.  Adopted. — 1896, 
pp.  118,  119. 

VI.  POWER  OF  THE  ASSEMBLY  OVER  ITS  MEMBERS. 

1.  To  exclude  from  the  rights  of  membership  pending  process. 

a.  That  as  citation  on  the  foregoing  plan  is  the  commencement  of  a 
process  involving  the  right  of  membership  in  the  Assembly,  therefore 

Resolved,  That  agreeably  to  a  principle  laid  down,  Chap,  v.  Sec.  ix,  of 
the  Book  of  Discipline  (old),  the  members  of  said  judicatories  be  excluded 
from  a  seat  in  the  next  Assembly  until  their  case  shall  be  decided. 
Adopted  by  yeas  128,  nays  122.— f 837,  p.  425. 

b.  The  Assembly  of  1866,  O.  S.,  excluded  the  commissioners  from 
Louisville  Presbytery  from  a  seat  until  the  Assembly  should  decide  upon 
the  conduct  of  their  Presbytery. — 1866,  p.  12,  O.  S. 

[Note. — See  also  Book  of  Discipline,  Chap,  vi,  Sec.  xxxix.] 


OF   THE   GENERAL   ASSEMBLY.  299 

2.  To  expel  a  commissioner  from  membership. 

Mr.  Galloway  rose  to  a  question  of  privilege,  and  read  an  article  from 
the  Ohio  Statesman,  I'eflecting  severely  upon  his  character  and  that  of  the 
Genera]  Assembly,  which  article  he  attributed  to  the  Rev.  W.  M.  Fer- 
guson, a  member  of  this  house. 

Dr.  Krebs  offered  the  following  : 

Resolved,  That  unless  the  Rev.  William  M.  Ferguson  forthwith  retract 
the  offensive  publication ,  and  make  an  ample  apology  to  the  satisfaction 
of  this  house,  he  be  immediately  expelled. 

The  Moderator  having  waited  a  suitable  length  of  time  for  an  explan- 
ation or  retraction,  and  Mr.  Ferguson  having  declined  to  speak,  the 
Moderator  took  the  vote,  and  the  resolution  was  adopted,  when  the  Mod- 
erator declared  Mr.  Ferguson  to  be  expelled  from  the  Assembly. 

Mr.  Ferguson  having  declared  that  he  had  not  understood  that  an  ex- 
planation at  that  time  was  demanded,  the  vote  was,  on  motion  of  Dr. 
Krebs,  reconsidered,  in  order  to  renew  to  Mr.  Ferguson  the  opportunity 
he  had  failed  to  use  before  the  resolution  to  expel  him  was  adopted.  Mr. 
Ferguson  then  rose  and  explained,  after  which  Mr.  McKnight  offered 
the  following  as  an  amendment  to  the  motion  of  Dr.  Krebs  : 

Resolved,  That  the  Rev.  William  M.  Ferguson,  a  commissioner  to  this 
General  Assembly,  because  of  a  gross,  abusive  and  scandalous  libel,  pub- 
lished in  the  Ohio  Statesman,  on  members  of  this  body,  which  he  has  now 
qualified  in  the  presence  of  this  Assembly,  is  entitled  to  and  does  hereby 
receive  the  grave  censure  of  this  Assembly. 

Various  resolutions  to  substitute,  to  amend  and  to  commit  Avere  pro- 
posed, which  were  all  laid  upon  the  table  in  order  that  by  general  consent 
Dr.  Krebs  might  offer  the  following  resolution,  viz.  : 

Resolved,  That  whereas  the  Rev.  W.  M.  Ferguson,  a  commissioner  to 
this  General  Assembly  from  the  Presbytery  of  Zanesville,  is,  by  his  own 
acknowledgment,  guilty  of  writing  and  pubhshing  in  the  Ohio  Statesman 
a  gross,  abusive,  scandalous  and  slanderous  hbel  against  the  members  of 
this  Assembly,  and  against  this  Assembly  itself,  and  although  he  has 
qualified  it  in  the  presence  of  this  Assembly  this  morning,  his  explanation 
is  not  deemed  satisfactory  ;  therefore, 

Resolved,  That  the  Rev.  William  M.  Ferguson  be  forthwith  expelled 
as  a  member  of  this  house. 

On  these  resolutions  the  previous  question  was  called  for,  and  the  call 
was  sustained.  The  main  question  was  then  put,  and  the  resolutions 
were  adopted,  when  the  Moderator  again  announced  that  the  Rev.  W.  M. 
Ferguson,  a  commissioner  from  the  Presbytery  of  Zanesville,  had  been 
expelled  from  membership  in  this  General  Assembly. — 1866,  p.  58,  O.  S. 

VII.   OF  ERECTING   NEW  SYNODS,  CHANGING  THEIR  BOUNDARIES,  DIS- 
SOLVING THEM,  TRANSFERRING  PRESBYTERIES  AND  CHURCHES. 

[Note.— See  under  Form  of  Government,  Chap,  xi,  supra ;  Moore's  Digest,  1886 ; 
Minutes,  passim,  especially  1870,  pp.  8(>-88 ;  Digest,  pp.  182-187,  when  the  Assembly 
exercised  its  power  to  consolidate,  adjust  and  define  the  boundaries  of  the  Synods  ; 
and  again,  in  1881,  Minutes,  pp.  562-565,  Digest,  pp.  503-506,  when  the  Assembly  con- 
solidated the  existing  Synods,  bounding  them  as  far  as  possible  by  State  lines. 

For  changes  in  the  boundaries  of  Synods  see  also  Chap,  xi.  Form  of  Govern- 
ment, Digest,  1886,  pp.  187,  188,  and  the  acts  constituting  new  Synods  since  the  con- 
solidatiori  of  1881.] 

1.  To  dissolve  a  Synod  and  transfer  its  Presbyteries. 

a.    [The  Synod  of  Chesapeake  was  formed  on  petition. — 1833,  p.  395.] 
Resolved,  1.   That  the  Synod  of  the  Chesapeake  be  and  the  same  is 
hereby  dissolved. 


300  FORM  OF  GOVERNMENT,  CHAP.  XII. 

2.  That  the  Presbytery  of  East  Hanover  be  and  the  game  is  hereby 
restored  to  the  Synod  of  Virginia. 

3.  That  the  Presbyteries  of  Bahimore  and  of  the  District  of  Columbia 
be  and  the  same  are  hereby  restored  to  the  Synod  of  Philadelphia. — 
1834,  p.  451. 

C.   The  Synod  of  Delaware  [Erected. — 1834,  p.  451.]   dissolved. 

Rei<olved,  That  at  and  after  the  meeting  of  the  Synod  of  Philadelphia 
in  October  next  the  Synod  of  Delaware  shall  be  dissolved,  and  the  Pres- 
byteries constituting  the  same  shall  be  then  and  thereafter  annexed  to  the 
Synod  of  Philadelphia,  and  that  the  Synod  of  Philadelphia  thus  consti- 
tuted by  the  union  aforesaid  shall  take  such  order  concerning  the  organiza- 
tion of  its  several  Presbyteries  as  may  lie  deemed  expedient  and  constitu- 
tional, and  that  said  Synod,  if  it  shall  deem  it  desirable,  make  application 
to  the  next  General  Assembly  for  such  a  division  of  the  Synod  as  may 
best  suit  the  convenience  of  all  its  Presbyteries  and  promote  the  glory  of 
God.— 1835,  p.  486. 

[XoTE. — For  Synods  erected  since  1882,  see  under  Chap,  xi,  Sec.  i ;  also  changes  of 
boundaries,  188;^,  p.  630 ;  1884,  p.  74 ;  1885,  p.  605 ;  1889,  p.  102 ;  1890,  p.  37 ;  1893, 
p.  131 ;  1895,  p.  79.  ] 

VIII.    OF  ERECTING  AND  DISSOLVING  PRESBYTERIES. 

1.  Cases  before  1870. 

a.  See  the  act  of  the  General  Synod  (Minutes,  1786,  p.  522).  It 
assumed  jurisdiction  over  the  whole  matter  of  dividing,  erecting,  etc. 
The  Presbytery  of  Carlisle  was  divided,  and  the  Presbytery  of  Hunting- 
don formed  on  "  an  overture  through  the  Synod  of  Philadelphia."  — 
1794,  p.  89. 

b.  On  petition  of  the  Presbytery  of  Albany,  that  Presbytery  was 
divided,  and  the  Presbyteries  of  Columbia,  Oneida  and  Albany  formed. 
At  the  same  time  the  following  was  adopted,  viz. : 

Whereas,  The  Assembly  have  this  day  determined,  upon  an  application 
from  the  Presbytery  of  Albany,  that  the  said  Presbytery  may  be  divided 
into  three,  and  in  the  investigation  of  this  subject  circumstances  were 
stated  to  exist  which  led  the  Assembly  to  judge  such  division  proper,  and 
perhaps  necessary,  at  this  time;  and 

Whereas,  Doubts  arose  whether  it  was  proper  for  the  Assembly  to  inter- 
fere for  the  purpose  of  making  such  division,  the  proposal  not  having 
been  first  laid  before  the  Synod,  as  it  would  establish  a  precedent  Avhich 
might  tend  to  confusion  and  in  the  end  to  schism;  the  Assembly  think 
it  expedient  to  declare  that  their  decision  in  this  case  has  been  particu- 
larly influenced  by  the  pressure  of  circumstances,  and  is  not  to  be  con- 
sidered as  forming  a  precedent  for  future  conduct. — 1802,  p.  252. 

C.  On  petition  of  the  Pre-sbytery  of  Oneida  it  was  divided,  and  the 
Presbytery  of  Geneva  formed. — 1805,  p.  324.  On  application  of 
certain  ministers  and  churches  in  the  Territory  of  Michigan,  the  Pres- 
bytery of  Detroit  was  formed. — 1827,  p.  206.  Chenango. — 1826,  p. 
176. 

d.  Philadelphia  Second  (Assembly's).  The  Synod  of  Philadelphia, 
having  merged  the  two  Pi'esbyteries  of  Philadelphia,  and  divided  them 
by  a  line,  an  appeal  was  taken. 

Resolved,  1 .  That  the  appeal  and  complaint  of  the  Second  Presbytery 
of  Philadelphia  against  the  Synod  of  Philadelphia,  be  and  the  same  are 
hereby  sustained,  and  the  act  of  said  Synod,  so  far  as  it  was  intended  to 


OP    THE    GENERAL    ASSEMBLY.  301 

unite  the  said  Secoud  Presbytery  with  the  Presbytery  of  Philadelphia,  is 
hereby  declared  void. 

2.  That  this  resolution  shall  not  be  so  construed  as  to  affect  the  integ- 
rity of  the  Presbytery  which  was  constituted  under  the  order  of  the  Synod 
of  Philadelphia  by  the  name  of  the  Secoud  Presbytery  of  Philadelf)hia 
in  November  last,  but  the  same  is  hereby  recognized  as  a  constituent  part 
of  the  Synod  of  Philadelphia.  The  Assembly,  however,  recommend  to 
the  Synod  to  change  the  name  of  said  Presbytery. — 1834,  p.  432. 

[Against  the  action  of  the  Assembly  a  protest  was  entered,  viz. :] 

We  believe  the  power  exercised  by  the  General  Assembly  of  1832,  and 
now  reexercised  by  this  Assembly,  to  form*  a  Presbytery  within  the 
bounds  of  the  Synod  and  against  her  decision,  is  without  foundation  in 
our  Form  of  Church  Government. 

In  the  constitutional  distribution  of  powers  and  checks  and  designa- 
tion of  rights  and  duties  among  the  several  judicatories  of  the  Church,  the 
power  to  "  erect  new  Presbyteries,  and  unite  or  divide  those  which  were 
before  erected  "  (Form  of  Government,  Chap,  xi.  Sec.  iv),  is  distinctly 
and  exclusively  secured  to  Synods.  And  the  practice  of  the  General 
Assembly,  from  the  establishment  of  this  body  till  the  present,  has  been, 
we  believe,  in  accordance  with  these  views.  The  principle  assumed  by  the 
majority  in  this  body  and  recognized  by  the  Assembly  in  the  above 
decision,  and  on  which  the  appellants  rest  their  plea,  that  the  duty  "  of 
superintending  the  concerns  of  the  whole  Church"  (Form  of  Govern- 
ment, Chap,  xii,  Sec.  v)  invests  the  Assembly  with  all  powers  necessary 
to  accomplish  that  object,  at  her  own  discreti(m,  tends  to  abolish  the  con- 
stitutional rights  of  Synods,  Presbyteries  and  church  Sessions,  to  con- 
found and  contravene  those  original  and  essential  principles  of  ecclesiastical 
government  and  order  which  constitute  and  characterize  the  Presbyterian 
Church.— 1834,  p.  446. 

[To  this  the  Assembly  replies:] 

1.  That  the  Form  of  Government  vests  in  the  General  Assembly  the 
power  of  "  deciding  in  all  controversies  respecting  doctrine  and  disci- 
pline, ' '  and  to  ' '  issue  all  appeals  and  references  brought  before  them 
from  the  inferior  judicatories"  (see  Form  of  Government,  Chap,  xii, 
Sec.  v).  Now,  as  the  question  as  to  the  erection  and  existence  of  the 
Second  Presbytery  of  Philadelphia  came  regularly  before  the  Assemblies 
of  1832  and  1834,  by  appeal  and  complaint  from  the  lower  judicatories, 
the  said  Assemblies  not  only  had  a  right  to  ' '  decide  ' '  finally,  but  were 
imperiously  called  upon  to  ' '  issue  ' '  the  case. 

2.  The  minutes  of  the  General  Assembly  for  1794,  1802,  1805  and 
1826  show  that  the  Assembly  has  in  extraordinary  cases  claimed  and 
exercised  the  right  of  organizing  new  Presbyteries,  and  such  Presbyteries 
have  always  been  regarded  as  regularly  and  constitutionally  organized. 

3.  The  Form  of  Government  vests  the  right  of  deciding  questions  of 
constitutional  law,  not  in  the  Synods,  but  in  the  General  Assembly ;  conse- 
quently, if  it  be  proved,  which  is  not  the  fact,  that  the  General  Assembly 
has  exceeded  their  powers  in  organizing  the  Second  Presbytery  of  Phila- 
delphia, it  would  by  no  means  follow  that  the  Synod  of  Pliiladelphia  had 
authority  to  rejudge  and  disannul  the  solemn  acts  of  the  highest  judicatory 
of  the  Church.  In  this  view  of  the  subject,  the  General  Assembly  were 
bound  to  sustain  the  appeal  and  complaint  of  the  Second  Presbytery, 
from  respect  to  the  grave  decision  of  former  Assemblies,  as  well  as  from 
regard  to  the  rights  of  the  complainants. — 1834,  p.  451, 


302  FORM    OF    GOVERNMENT,    CHAP.    XII. 

e.  The  Third  Presbytery  of  Philadelphia.  — 1836,  p.  278. 

f.  The  Presbytery  of  Luzerne  was  formed  by  the  Assembly. — 1843, 
p.  195,  O.  S. 

g.  The  Presbytery  of  Wisconsin.  — 1846,  p.  194,  O.  S.  In  this  case 
the  Assembly  directed  "  that  upon  their  organization  the  ministers  afore- 
said be  ipso  facto  detached  from  the  Presbyteries  to  which  now  they 
respectively  belong." 

h.  The  Presbytery  of  Ningpo.  Resolved,  That  the  Rev.  Messrs.  M. 
S.  Culbertson,  of  the  Presbytery  of  Carlisle;  A.  W.  Loomis,  of  the 
Presbytery  of  Albany;  R.  Q,.  Way,  of  the  Presbytery  of  Charleston, 
and  J.  W.  Quarterman,  of  the  Presbytery  of  Georgia,  be  and  they  here- 
by are  detached  from  their  respective  Presbyteries  and  constituted  a 
Presbytery,  to  be  called  the  Presbytery  of  Ningpo. — 1848,  p.  20,  O.  S. 

That  the  Rev.  A.  P.  Happer  and  William  Speer,  of  the  Presbytery 
of  Ohio,  and  the  Rev.  John  B.  French,  of  the  Presbytery  of  Baltimore, 
be  and  they  hereby  are  detached  from  their  respective  Presbyteries  and 
constituted  a  Presbytery  to  be  called  by  such  name  as  those  brethren  may 
choose. 

The  Presbytery  of  Amoy.  And  that  the  Rev.  John  Lloyd,  of  the 
Presbytery  of  Huntingdon,  and  Hugh  S.  Brown,  of  the  Presbytery  of 
Logansport,  so  soon  as  a  third  minister  of  our  Church  shall  be  associated 
with  them,  be  authorized  to  form  themselves  into  a  Presbytery,  to  be  called 
the  Presbytery  of  Amoy,  and  shall  ipso  facto  be  detached  from  the 
respective  Presbyteries  with  which  until  then  they  shall  be  connected. — 
1848,  p.  20,  O.  S. 

Resolved,  That  the  foregoing  new  Presbyteries  shall  meet  for  the  pur- 
pose of  being  organized  at  such  times  and  places  as  the  members  thereof 
shall  respectively  agree  on,  and  that  the  eldest  minister  of  each  who  may 
be  present  shall  preside  until  a  Moderator  be  chosen. 

Resolved,  That  the  aforesaid  Presb}i;eries  be  rated  for  the  present  as 
component  parts  of  the  Synod  of  New  York,  but  that  as  soon  as  the 
Presbytery  of  Amoy  shall  be  organized,  the  three  Presbyteries  in  China 
shall  be  authorized  to  form  themselves  into  a  Synod,  to  be  called  the 
Synod  of  China;  that  they  meet  for  the  purpose  of  being  organized  at 
such  time  and  place  as  they  shall  mutually  agree  upon,  and  that  the  eldest 
minister  who  may  be  present  shall  preside  until  a  Moderator  be  chosen. 

i.  Presbytery  of  Western  Africa.  Resolved,  That  the  Rev.  James  M. 
Connelly,  of  the  Presbytery  of  West  Tennessee ;  James  M.  Priest,  of  the 
Presbytery  of  New  York,  and  the  Rev.  H.  W.  Ellis,  of  the  Presbytery 
of  Tuscaloosa,  be  and  they  hereby  are  detached  from  their  respective 
Presbyteries  and  constituted  a  Presbytery,  to  be  called  the  Presb}i:ery  of 
Western  Africa;  that  they  shall  meet  for  the  purpose  of  being  organized 
at  such  time  and  place  as  they  shall  mutually  agree  upon,  and  that  the 
eldest  minister  present  shall  preside  until  a  Moderator  be  chosen.  And 
further,  that  the  Presbytery  of  Western  Africa  shall  be  attached  for  the 
present  to  the  Synod  of  Alabama. — 1848,  pp.  20,  21,  O.  S. 

j.  Presbytery  of  the  Creek  Nation.  Resolved,  That  the  Rev.  R.  M. 
Loughridge,  of  the  Presbytery  of  Tuscaloosa;  H.  Ballentine,  of  the 
Presbytery  of  New  Brunswick,  and  D.  W.  Eakins,  of  the  Presbytery  of 
Philadelphia,  be  and  they  hereby  are  detached  from  their  respective 
Presbyteries  and  constituted  a  Presbytery,  to  be  called  the  PresbA-tery  of 
the  Creek  Nation ;  that  they  shall  meet  for  the  purpose  of  being  organized 
at  such  time  and  place  as  they  shall  mutually  agi'ee  upon,  and  that  the 


OF   THE   GENERAL   ASSEMBLY.  303 

eldest  minister  present  shall  preside  until  a  Moderator  be  chosen.  And 
further,  that  the  Presbytery  of  the  Creek  Nation  be  attached  for  the 
present  to  the  Synod  of  Mississippi.— 1848,  pp.  20,  21,  O.  S. 

k.  Presbytery  of  California.— 1849,  p.  264,  O.  S.  Presbytery  of 
San  Francisco. — 1849,  p.  176,  N.  S.  The  persons  named  are  hereby 
detached  from  their  respective   Presbyteries  and  constituted  a  Presbytery. 

Presbytery  of  Oregon.  Resolved,  That  the  Assembly  do  hereby  order 
and  constitute  a  Presbytery  in  Oregon,  consisting  of  Messrs.  Thompson, 
Geary  and  Robe;  and  that  they  be  empowered  to  assemble  and  constitute 
themselves  a  Presbytery  at  such  time  and  place  during  the  ensuing 
.summer  or  autumn  as  may  be  found  most  convenient  to  them,  and  report 
to  the  next  General  Assembly,  and  for  this  purpose  these  brethren  be 
<letached  from  the  Presbytery  to  which  they  belong,  and  when  formed,  the 
said  Presbytery  be  attached  to  the  Synod  of  New  York ;  and  the  Presby- 
tery to  be  called  the  Presbytery  of  Oregon. — 1851,  p.  35,  O.  S. 

L  Presbyteries  of  Sierra  Nevada  and  San  Jose. —1857,  p.  383,  N.  S., 

and  passim. 

[Note. — See  also  the  changes,  consoHdations  and  transfers  of  Presbyteries  brought 
about  by  the  consolidation  of  the  Synods  in  1870. — Moore's  Digest,  1886,  pp.  182-187. 
Also,  in  1881,  Digest,  pp.  503-505.] 

2.  Presbyteries  formed  or  recognized  by  the  Assembly  since  the 
reunion  of  1870. 

The  Presbytery  of  Yedo,  1870,  p.  71;  Wyoming,  1871,  p.  546;  Mon- 
tana, 1872,  p.  88;  Oregon  (reconstructed),  1876,  p.  75;  Puget  Sound, 
1876,  p.  75;  South  Oregon,  1876,  p.  75;  Denver,  1880,  p.  55;  Alaska, 
1883,  p.  631;  Chile,  1884,  p.  23;  Zacatecas,  1884,  p.  78;  Pembina, 
1885,  p.  605;  Northern  Pacific,  1885,  p.  605;  Bismarck,  1885,  p.  605; 
Southern  Virginia,  1888,  p.  114;  Butte,  1893,  p.  131;  Helena,  1893, 
p.  131;  Great  Falls,  1893,  p.  131;  Oklahoma,  1894,  p.  177;  Sequoyah, 
1894,  p.  177;  Cimarron,  1894,  p.  177;  Chinan,  1896,  p.  146. 

3.  Presbyteries  dissolved. 

Japan,  1880,  p.  82;  New  Orleans,  1880,  p.  83.  Not  having  for 
several  years  the  constitutional  number  of  ministers. 

IX.    TO  TRANSFER  CHURCHES  FROM  ONE   PRESBYTERY  AND   SYNOD 

TO  ANOTHER. 

a.  A  petition  from  the  congregation  of  Solesbury,  under  the  care  of 
the  Presbytery  of  Philadelphia,  referred  to  the  Assembly  by  said  Presby- 
tery, was  overtured  and  read.  This  petition  requested  that  the  congre- 
gation of  Solesbury  be  separated  from  the  Presbytery  of  Philadelphia 
and  attached  to  the  Presbytery  of  New  Brunswick.  This  request  having 
previously  been  before  the  Synod  of  Philadelphia,  and  having  been 
referred  to  the  Presbytery  by  the  Synod,  and  the  Presbytery  having 
given  their  consent,  it  was  resolved  that  the  request  be  granted,  and  it 
hereby  is  granted,  and  the  congregation  of  Solesbury  is  detached  from 
the  Presbytery  of  Philadelphia,  and  connected  with  the  Presbytery  of 
New  Brunswick. — 1824,  p.  105. 

[Note.— See  also  1827,  pp.  201,  202,  205;  1829,  p.  260;  1831,  p.  354;  1868,  p.  633, 
0.  S.,  et  passim.  See  also  under  Chap,  xi,  Sec.  i,  4,  for  changes  since  the  Reunion. — 
1871,  pp.  540,  541,  545,  546  ;  1872,  pp.  86,  88  ;  1873,  p.  525  ;  1888,  p.  71 ;  1889,  p.  77  ;  1891, 
p.  186.] 

b.  Overture  from  the  Presbytery  of  Erie,  and  from  the  Session  of  the 
churches   of    Bradford  and    Kendall    Creek,    requesting  that  the  said 


304  FORM  OF  GOVERNMENT,  CHAP.  XII. 

churches  of  Bradford  aud  Kendall  Creek,  with  their  pastors,  be  trans- 
ferred from  the  Presbytery  of  Buffalo  to  the  Presbytery  of  Erie — the 
Synod  of  New  York  and  the  Presbytery  of  Buffalo  concurring 

We  recommend  that  the  request  be  granted,  and  the  proposed  transfer 
of  the  churches  and  ministers  therein  named  be  and  is  hereby  directed. 
Adopted.— 1887,  p.  81. 

C.  The  churches  of  Oakes  and  Hudson,  from  the  Presbytery  of  Aber- 
deen, to  the  Presbytery  of  Fargo,  Synod  of  North  Dakota. — 1888,  p.  71. 

d.  Certain  territory  transferred  from  the  Presbytery  of  Catawba  and 
Synod  of  Catawba,  to  the  Presbytery  of  Holston,  Synod  of  Tennessee. 
—1889,  p.  77. 

e.  Overture,  a  petition  of  churches  in  Douglas  county,  Wisconsin, 
asking  to  be  transferred  from  the  Presbytery  of  Duluth,  Synod  of  Min- 
nesota, and  reinstated  in  the  Presbytery  of  Chippewa,  Synod  of  Wiscon- 
sin. The  Committee  recommends  that  the  request  be  granted.  Adopted. 
—1891,  p.  186. 

f.  Overture  with  reference  to  change  of  boundary  line  between  Synods 
of  Utah  and  Colorado ;  also  overtures  with  reference  to  the  same  subject. 
The  Committee  recommends  that,  all  the  petitioners  agreeing,  these 
overtures  be  answered  in  the  affirmative.     Adopted. — 1891,  p.  187. 

g.  Overtures  from  Presbyteries  of  Lake  Superior  and  the  Synod  of 
Michigan,  with  reference  to  the  transfer  of  the  Presbj'tery  of  Lake 
Superior  to  the  Synod  of  Michigan.  The  Committee  recommends  that 
these  overtures  be  answered  in  the  affirmative,  and  the  Presbytery  of 
Lake  Superior  be  and  hereby  is  transferred  to  the  Synod  of  Michigan. 
Adopted.— 1891,  p.  187. 

h.  Overtures  from  the  Presbyteries  of  Baltimore  and  Westminster, 
and  the  Synods  of  Baltimore  and  Pennsylvania,  requesting  a  change  in 
the  boundary  line  between  the  Synods  of  Baltimore  and  Pennsylvania. 
This  is  a  case  where  a  church  in  Pennsylvania,  connected  with  the  Pres- 
bytery of  Westminster,  in  erecting  a  new  church  building,  located  the 
same  in  the  State  of  Maryland,  within  the  bounds  of  the  Synod  of  Bal- 
timore. They  desire,  however,  to  retain  their  ecclesiastical  connection 
with  the  Presbytery  of  Westminster,  and  with  the  Synod  of  Pennsyl- 
vania. To  this,  all  the  parties  in  interest  are  agreed,  and  all  unite  in 
requesting  the  General  Assembly  to  authorize  the  same.  Answer :  The 
General  Assembly,  without  enacting  any  change  in  existing  boundary 
lines,  directs  that  the  Slate  Ridge  Church,  while  occupying  its  present 
site,  shall  continue  to  be  connected  with  the  Presbytery  of  Westminster, 
and  with  the  Synod  of  Pennsylvania. — 1894,  p.  141. 

X.    TO  TRANSFER  MINISTERS  FROM  ONE  PRESBYTERY  TO  ANOTHER. 
OR  TO  A  NEW  ONE. 

a.  There  being  no  quorum  of  Presbytery. — 1858,  pp.  268,  280,  O.  S. 

b.  In  forming  new  Presbyteries  or  Synods,  see  above.  Also  the 
Enabling  Act  of  1870,  Chap,  xi,  Sec.  ii.— 1872,  p.  94. 

[Note. — See  also  a.  under  Division  viii,  p.  303.] 

XI.    TO  RECEIVE  OTHER  ECCLESIASTICAL  BODIES. 

a.  The  Presbytery  of  Suffolk.— 1749,  p.  238.  Of  Dutchess  County. 
—1768,  p.  330.     See  Baird's  Revised  Edition,  p.  562. 

b.  The  Presbytery  of  Charleston. 

Resolved,  That  the  prayer  of  the  petition  be  granted,  and  that  said 
Presbytery,  retaining    their  name  and  their  charter  of  incorporation. 


OF    THE    GENERAL    ASSEMBLY.  305 

be  and  they  hereby  are  taken  into  connection  with  the  General  Assem- 
bly; Provided,  howevef,  That  the  members  of  said  Presbytery  shall  have 
adopted  the  Confession  of  Faith  and  the  Constitution  of  the  Presbyterian 
Church  in  the  United  States  of  America,  and  shall  also  effect  a  compro- 
mise or  union  with  the  Presbytery  of  Harmony,  which  transaction  shall 
be  subject  to  the  review  and  control  of  the  Synod  of  the  Carolinas. — 
1811,  p.  475. 

C.  The  Associate  Reformed  Synod. — 1822,  pp.  39-42.  See  Baird, 
pp.  565-569. 

d.  Presbytery  of  Pittsburgh  of  the  Reformed  Presbyterian  Church. 

The  same  Committee  also  reported  an  application  from  the  Presbytery 
of  Pittsburgh,  of  the  Reformed  Px'esbyteriau  Church,  to  unite  as  a  Pres- 
bytery with  the  General  Assembly  of  the  Presbyterian  Church,  and  to 
become  subject  to  the  jurisdiction  of  this  body,  on  the  simple  condition 
of  being  allowed  to  remain,  as  they  are  still  attached  to  the  great  prin- 
ciples of  the  Reformation,  without  being  disturbed  in  their  time-honored 
modes  of  worship  and  economical  usages  generally. 

On  the  recommendation  of  the  Connnittee  the  request  was  granted. 

The  Committee  also  recommended  that  the  Presbytery  of  Pittsburgh  be 
attached  to  the  Synod  of  Allegheny,  and  that  Rev.  John  McMillan  be 
enrolled  as  a  member  of  this  General  Assembly  as  a  delegate  from  that 
Presbytery. 

Which  was  adopted.— 1870,  p.  30. 

XII.    TO  DEFINE  THE  SUCCESSION  OP  PRESBYTERIES. 

Overture  No.  7,  from  the  Presbytery  of  Chester,  respecting  the  succes- 
sion to  the  late  Presbytery  of  New  Castle:  The  Committee  report  that 
the  Synod  of  Philadelphia,  in  its  reconstruction  of  Presbyteries,  declared 
that  the  Presbytery  of  Chester  was  the  legal  successor  of  the  late  Pres- 
bytery of  New  Castle,  and  that  the  Synod  of  Baltimore  also  declared 
that  its  present  Presbytery  of  New  Castle  was  the  legal  successor  of  the 
old  organization.  It  appears,  however,  that  the  ministers  and  churches 
of  the  old  Presbytery  are  equally  divided  between  the  present  Presby- 
teries of  New  Castle  and  Chester,  and  so  neither  is  entitled  to  the  succes- 
sion. The  Committee  think  that  as  the  present  Presbytery  of  New 
Castle  has  the  name  of  the  late  organization,  the  town  where  the  first 
organization  was  made,  the  chief  part  of  the  original  territory,  early 
history  and  associations  and  a  valuable  charter  from  the  State  of  Dela- 
ware, under  which  some  property  is  now  held,  it  should  also  have  the 
succession,  and  the  following  resolution  is,  therefore,  recommended: 

Resolved,  That  the  Presbytery  of  New  Castle,  in  the  Synod  of  Balti- 
more, be  and  the  same  is  hereby  declared  to  be  the  legal  successor  of  the 
late  Presbytery  of  New  Castle,  aud  as  such  is  entitled  to  the  possession 
and  enjoyment  of  all  the  rights  and  franchises,  and  liable  tp  the  perform- 
ance of  all  the  duties  of  that  Presbytery. 

It  is  also  recommended  that  the  candidates  aud  licentiates  who  were 
under  the  care  of  the  former  Presbytery  of  New  Castle,  at  the  date  of 
the  Reconstruction  Act  of  1870,  but  who  resided  in  the  territory  embraced 
in  the  present  Presbytery  of  Chester,  be  attached  to  the  latter  Presbytery. 
—1871,  p.  539. 

[Note. — See  also  under  the  Reconstruction  Act  of  1870,  Minutes,  pp.  91-97  ;  Moore's 
DigeM,  1886,  pp.  182-187  ;  and  under  the  act  of  reorganization,  1881,  Minutes,  pp.  562- 
565 ;  Digest,  1886,  pp.  502-505.J 

20 


306  FORM    OF    GOVERNMENT,    CHAP.    XII. 

XIII.    TO  CORRESPOND  WITH  FOREIGN  CHURCHES. 
I.    CHURCHES  IN  GENERAL. 

It  belongs  to  the  Assembly  ' '  to  correspond  with  foreign  Churches ' ' 
(Form  of  Government,  Chap,  xii,  Sec.  v).— 1827,  p.  219;  1866,  p.  80, 
O.  S. 

1.  Bodies  with  which  the  Assembly  is  at  present  in  correspondence. 

1.  General  Assembly  of  the  Free  Church  of  Scotland. 

2.  General  Assembly  of  the  Church  of  Scotland. 

3.  General  Assembly  of  the  Presbyterian  Church  in  Ireland. 

4.  Synod  of  the  United  Presbyterian  Church  of  Great  Britain  and 
Ireland. 

5.  General  Assembly  of  the  Canada  Presbyterian  Church. 

6.  Synod  of  the  Presbyterian  Church  in  Canada  in  connection  with 
the  Church  of  Scotland. 

7.  General  Synod  of  the  Reformed  Church  in  America. 

8.  General  Assembly  of  the  United  Presbyterian  Church  in  North 
America. 

9.  General  Synod  of  the  Evangelical  Lutheran  Church  of  the  United 
States. 

10.  General  Synod  of  the  Reformed  Church  in  the  U.  S. 

11.  General  Assembly  of  the  Cumberland  Presbyterian  Church. 

12.  General  Assembly  of  the  Welsh  Presbyterian  Church  in  America. 

13.  General  Synod  of  the  Reformed  Church  of  France. 

14.  National  Council  of  the  Congregational  Churches  in  the  United 
States  of  America. 

15.  Synod  of  the  Waldensian  Church. — 1873,  p.  537. 

16.  Synod  of  the  Reformed  Presbyterian  Church. 

17.  General  Synod  of  the  Reformed  Presbyterian  Church. 

18.  Associate  Reformed  Synod  of  the  South. 

19.  General  Assembly  of  the  Presbyterian  Church  in  the  U.  S. 

20.  All  the  Churches,  wherever  located,  which,  in  addition  to  the 
above-named,  are  in  the  Alliance  of  the  Reformed  Churches  throughout 
the  world,  holding  the  Presbyterian  System. 

[Note. — Delegates  are  not  now  sent  to  Churches  which  are  in  the  Presbyterian 
Alliance.    See  this  Digest,  p.  310. J 

2.  Churches  in  Great  Britain  and  Ireland. 

(i)  Report  071  foreign  Gorrespondenae. 

The  Committee  on  Foreign  Correspondence  reported  in  part  as  follows: 
The  Committee  on  Foreign  Correspondence  respectfully  recommend  to 
th(!  Assembly  that  the  Rev.  William  Arnot  and  the  Rev.  William  G. 
Blaikie,  D.D.,  from  the  General  Assembly  of  the  Free  Church  of  Scot- 
land; the  Rev.  Robert  Watts,  D.D.,  and  Mr.  Thomas  Sinclair,  from  the 
General  Assembly  of  the  Presbyterian  Church  in  Ireland;  the  Rev.  John 
Edmond,  D.D.,  and  the  Rev.  John  McLeod,  D.D.,  from  the  Synod  of 
the  United  Presbyterian  Church  of  Great  Britain  and  Ireland,  and  the 
Rev.  David  Inglis,  and  the  Rev.  Thomas  Lowry,  from  the  Synod  of  the 
Canada  Presbyterian  Church,  be  admitted  to  seats  in  this  Assembly  as 
delegates  from  the  several  ecclesiastical  bodies  they  represent,  and  that 
they  be  heard  in  the  order  above  named  at  a  session  of  the  Assembly  to 
be  held  for  that  purpose  on  Wednesday  next,  at  7.30  o'clock  P.M. 


OF   THE    GENERAL    ASSEMBLY.  307 

The  Committee  further  recommend  the  adoption  of  the  following 
resolution : 

Resolved,  That  this  Assembly  cordially  receives  the  delegates  from  the 
Synod  of  the  United  Presbyterian  Church  of  Great  Britain  and  Ireland 
— a  body  not  hitherto  in  correspondence  with  either  branch  of  our 
reunited  Church — and  that  the  Committee  on  Correspondence  be  directed 
to  nominate  delegates  who  shall  present  our  greetings  to  that  Synod  at 
its  meeting  next  year. — 1870,  pp.  17,  18. 

[Note. — See  next  Section,  entitled  "The  Presbyterian  Alliance."] 

3.  The  Presbyterian  Alliance. 

The  delegates  to  the  General  Council  of  the  "Alliance  of  the  Reformed 
Churches  throughout  the  world  holding  the  Presbyterian  System,"  held 
in  London  in  1875,  presented  their  report,  which  was  approved,  and  is  as 
follows : 

(i)  Report  of  the  delegates  to  the  London  Conference  of  1875. 

The  undersigned  were  appointed  by  the  General  Assembly  of  1875 
(see  Minutes,  p.  528)  as  a  delegation  to  the  General  Council  of  Pres- 
byterians which  was  to  meet  in  London  on  the  21st  of  July  of  that  year. 
They  were  also  vested  with  power  to  substitute,  or  add  to  their  member- 
ship, other  ministers  or  laymen  from  the  Presbyterian  Church,  to  take 
part  with  them  in  the  deliberations  of  the  proposed  Conference.  Under 
this  provision  the  following  brethren,  some  of  whom  had  been  consjjicu- 
ous  from  the  beginning  in  furthering  the  object  contemplated  in  this 
appointment,  were  invited  to  share  with  the  original  delegation  in  repre- 
senting our  Church  in  this  General  Council:  Rev.  James  McCosh,  D.D., 
Rev.  Philip  Schaff,  D.D.,  Rev.  Alexander  M.  Reid,  Ph.D.,  Rev. 
Albert  T.  Chester,  D.D.,  Rev.  W.  Wallace  Atterbury,  Rev.  Elijah  R. 
Craven,  D.D. ,  Rev.  William  H.  Hornblower,  D.D.,  John  Wana- 
maker,  Esq.,  John  S.  Kennedy,  Esq.,  Rev.  George  D.  Mathews,  Rev. 
Alexander  Reed,  D.D.,  Rev.  Thomas  H.  Robinson,  D.D.,  Rev.  Robert 
M.  Patterson,  Rev.  Roswell  D.  Hitchcock,  D.D. ,  Rev.  John  Hall, 
D.D.,  William  E.  Dodge,  Jr.,  Hon.  Stanley  Matthews. 

Five  of  these  brethren,  together  with  two  of  the  original  Committee 
— Drs.  Crosby  and  Hatfield — were  prevented,  by  various  causes,  from 
attending  the  sessions  of  the  Conference. 

The  remaining  twelve  were  present,  together  with  two  members  of  the 
Committee — Rev.  Samuel  J.  Wilson,  D.  D.,  LL.D.,  and  Prof.  Edward 
D.  Morris. 

The  Council  was  held  in  the  city  of  London  on  the  21st,  22d  and  23d 
of  July.  Sixty-four  delegates,  representing  twenty-two  Presbyterian 
organizations  in  various  pai'ts  of  the  world,  were  present  during  the 
sessions.  Rev.  Dr.  McCosh,  of  our  delegation,  presided.  The  deliber- 
ations were  characterized  by  a  spirit  of  brotherly  love  and  by  a  strong 
desire  to  establish  closer  relations  between  all  Presbyterian  bodies  through- 
out the  world.  A  copy  of  the  minutes,  containing  a  full  recoi'd  of  the 
proceedings,  is  herewith  submitted  as  a  part  of  this  report. 

The  chief  business  of  the  Conference  was  the  preparation  of  a  form  of 
constitution  which  provides  for  a  permanent  "  Presbyterian  Alliance  to 
meet  in  General  Council  from  time  to  time  in  order  to  confer  upon 
matters  of  common  interest."  It  is  for  this  General  Assembly  to  deter- 
mine whether  our  branch  of  the  Presbyterian  Church  shall  enter  into 


308  FORM  OF  GOVERNMENT,  CHAP.  XII. 

such  au  Alliance,  and  whether  the  constitution  proposed  by  the  Confer- 
ence (as  incorporated  in  their  minutes),  shall  be  approved  as  a  proper 
basis  for  such  a  confederation. 

It  was  resolved  that  tlie  first  meeting  of  this  Alliance  should  be  held 
at  Edinburgh,  Scotland,  on  the  first  Tuesday  of  July,  1876;  and  it  was 
agreed  that  the  several  bodies  choosing  to  enter  into  the  Alliance  under 
the  proposed  constitution  may  be  represented  on  that  occasion  in  such  a 
proportion  as  would  entitle  our  Church  to  send  forty  delegates.  These 
delegates,  accordingly,  are  to  consist,  "  as  far  as  practicable,"  of  an 
equal  number  of  ministers  and  elders.  The  time  of  this  meeting  has 
been  changed  to  July,  1877,  yet  it  is  important  that  this  General  Assem- 
bly should  take  action  with  respect  to  the  delegation  to  be  sent  from  our 
Church.  We  would  respectfully  suggest  that  such  selection  be  entrusted 
to  a  Special  Committee,  consisting  of  the  Moderator  and  the  Stated  and 
Permanent  Clerks  of  this  Assembly,  together  with  Rev.  Howard  Crosby, 
D.  D. ,  Rev.  James  McCosh,  D.D.,  and  Rev.  S.  Iremeus  Prime,  D.D. 
All  which  is  respectfully  submitted. 

Howard  Crosby, 
Samuel  J.  Wilson, 
Edwin  F.  Hatfield, 
Edward  D.  Morris. 

{2)    The  constitution  of  the  Alliance. 

Whereas,  Churches  holding  the  Reformed  faith  and  organized  on 
Presbyterian  principles  are  found,  though  under  a  variety  of  names,  in 
different  parts  of  the  Avorld ;  whereas,  many  of  these  were  long  wont  to 
maintain  close  relations,  but  are  at  present  united  by  no  visible  bond, 
whether  of  fellowship  or  of  work;  and  whereas,  in  the  providence  of 
God,  the  time  seems  to  have  come  when  they  may  all  more  fully  mani- 
fest their  essential  oneness,  have  closer  communion  with  each  other,  and 
promote  great  causes  by  joint  action :  It  is  agreed  to  form  a  Presbyterian 
Alliance  to  meet  in  General  Council  from  time  to  time,  in  order  to 
confer  upon  matters  of  common  interest,  and  to  further  the  ends  for 
which  the  Church  has  been  constituted  by  her  divine  Lord  and  only 
King.  In  forming  this  Alliance  the  Presbyterian  Churches  do  not  mean 
to  change  their  fraternal  relations  with  other  Churches,  but  will  be 
ready,  as  heretofore,  to  join  with  them  in  Christian  fellowship,  and  in 
advancing  the  cause  of  the  Redeemer,  on  the  general  principle  main- 
tained and  taught  in  the  Reformed  Confessions,  that  the  Church  of  God 
on  earth,  though  composed  of  many  members,  is  one  body  in  the  com- 
munion of  the  Holy  Ghost,  of  which  body  Christ  is  the  Supreme  Head, 
and  the  Scriptures  alone  are  the  infallible  law. 

Articles. 

I.  Designation. — This  Alliance  shall  be  known  as  "  The  Alliance  of 
the  Reformed  Churches  throughout  the  AVorld  holding  the  Presbyterian 
System. ' ' 

II.  Membership. — Any  Church  organized  on  Presbyterian  principles 
which  holds  the  supreme  authority  of  the  Scriptures  of  the  Old  and  New 
Testaments  in  matters  of  faith  and  morals,  and  whose  creed  is  in  har- 
mony with  the  consensus  of  the  Reformed  Confessions,  shall  be  eligible 
for  admission  int(j  the  Alliance. 


OF   THE   GENERAL    ASSEMBLY.  309 

III.  The  Council. 

1.  Its  Meetings. — The  Alliance  shall  meet  iu  General  Council  ordi- 
narily once  in  three  years. 

2.  Its  Constituency. — The  Council  shall  consist  of  delegates,  being 
ministers  and  elders  appointed  by  the  Churches  forming  the  Alliance,  the 
number  from  each  Church  being  regulated  by  a  plan  sanctioned  by  the 
Council,  regard  being  had  generally  to  the  number  of  congregations  in 
the  several  Churches.  The  delegates,  as  far  as  practicable,  to  consist  of 
an  equal  number  of  ministers  and  elders.  The  Council  may,  on  the 
recommendation  of  a  Committee  on  Business,  invite  Presbyterian  breth- 
ren not  delegates  to  offer  suggestions,  to  deliver  addresses  and  to  read 
papers. 

8.  Its  Powers. — The  Council  shall  have  power  to  decide  upon  the 
application  of  Churches  desiring  to  join  the  Alliance;  itsliall  have  power 
to  entertain  and  consider  topics  which  may  be  brought  before  it  by  any 
Church  represented  in  the  Council,  or  by  any  member  of  the  Council, 
on  their  being  transmitted  in  the  manner  hei'einafter  provided;  but  it 
shall  not  interfere  with  the  existing  creed  or  constitution  of  any  Church 
in  the  Alliance,  or  with  its  internal  order  or  external  relations. 

4.  Its  Objects.  — The  Council  shall  consider  questions  of  general  inter- 
est to  the  Presbyterian  community;  it  shall  seek  the  welfare  of  Churches, 
especially  such  as  are  weak  or  persecuted;  it  shall  gather  and  disseminate 
information  concerning  the  kingdom  of  Christ  throughout  the  world;  it 
shall  commend  the  Presbytei'ian  system  as  Scriptural  and  as  combining 
simplicity,  efficiency,  and  adaptation  to  all  times  and  conditions;  it  shall 
also  entertain  all  subjects  directly  connected  with  the  work  of  evangeli- 
zation, such  as  the  relation  of  the  Christian  Church  to  the  evangeli- 
zation of  the  world,  the  distribution  of  mission  work,  the  combination  of 
Church  energies,  especially  in  reference  to  great  cities  and  destitute 
districts,  the  training  of  ministers,  the  use  of  the  press,  colportage,  the 
religious  instruction  of  the  young,  the  sanctification  of  the  Sabbath, 
systematic  beneficence,  the  suppression  of  intemperance  and  other  pre- 
vailing vices,  and  the  best  methods  of  opposing  infidelity  and  Romanism. 

5.  Its  Methods. — The  Council  shall  seek  to  guide  and  stimulate  public 
sentiment  by  papers  read,  by  addresses  delivered  and  published,  by  the 
circulation  of  information  respecting  the  allied  Churches  and  their  mis- 
sions, by  the  exposition  of  Scriptural  principles,  and  by  defences  of  the 
truth ;  by  communicating  the  minutes  of  its  proceedings  to  the  supreme 
courts  of  the  Churches  forming  the  Alliance,  and  by  such  other  action 
as  is  in  accordance  with  its  constitution  and  objects. 

6.  Committee  on  Business. — The  Council,  at  each  general  meeting, 
shall  appoint  a  Committee  on  Business,  through  which  all  communica- 
tions and  notices  of  subjects  proposed  to  be  discussed  shall  pass.  The 
Committee  appointed  at  one  general  meeting  shall  act  provisionally,  so 
far  as  is  necessary,  in  preparing  for  the  following  meeting. 

[Note.— 1881,  pp.  516,  542.    See  1885,  pp.  704,  705.] 

IV.  Change  of  Constitution. — No  change  shall  be  made  in  this 
constitution,  except  on  a  motion  made  at  one  general  meeting  of  Council, 
not  objected  to  by  a  majority  of  the  Churches,  and  carried  by  a  two- 
thirds  vote  at  the  next  general  meeting. 

The  following  resolutions  were  then  offered,  and  adopted  unanimously: 
Resolved,  1.   That  our  branch  of  the   Presbyterian  Church,  as   repre- 
sented in  this  General  Assembly,  approves  the  constitution  proposed  by 


310  FORM  OF  GOVERNMENT,  CHAP.  XII. 

the  London  Conference,  and  cordially  enters  into  the  Presbyterian  Alli- 
ance on  this  basis. 

2.  That  the  Moderator  and  the  Stated  and  Permanent  Clerks  of  this 
Assembly,  and  Rev.  Howard  Crosby,  D.  D.,  Rev.  James  McCosh,  D.  D. , 
and  Rev.  S.  Irenreus  Prime,  D.  D. ,  be  a  Special  Committee,  to  appoint 
delegates  from  this  Church  to  the  first  meeting  of  the  Presbyterian  Alli- 
ance at  Edinburgh,  July,  1877. — 1876,  pp.  50-53. 

(5)  Provision  for  expenses  of  Executive  Commission. 

In  order  to  act  with  efficiency  in  furthering  the  interests  of  Presbyterians 
scattered  over  the  world,  the  Council  found  it  necessary  to  appoint  a 
Standing  Commission  with  a  Permanent  Secretary.  The  quota  of  annual 
expense  of  this  Commission  falling  to  our  great  branch  of  this  Church 

is :,  which  your  Committee  recommend  to  be  paid   annually  out  of 

the  General  Assembly's  Contingent  Fund  on  and  after  May  15,  1886. — 
Adopted.      1885,  p.  684. 

The  "Executive  Commission,"  is  divided  into  the  Eastern  and 
Western  Sections.  The  General  Secretary  is  the  Rev.  George  D.  Ma- 
thews, D. D.,  London,  England;  and  the  American  Secretarv,  the  Rev. 
W.  H.  Roberts,  D.D.,  LL.D.,  Philadelphia,  Pa. 

Overture  No.  200,  being  the  annual  repoi't  of  the  "  Alliance  of  the 
Reformed  Churches  holding  the  Presbyterian  System,"  requesting  the 
customary  annual  appropriation  for  its  expenses.  The  Committee  being^ 
informed  that  the  Assembly  is  committed  to  pay  this  amount  each  year, 
for  their  fifty-one  delegates  at  $15  each,  have  no  alternative  but  to 
recommend  that  this  request  for  an  appropriation  of  $765  be  complied 
with,  and  that  the  Treasurer  be  authorized  to  pay  the  same.  Adopted. 
—1895,  p.  117;  1896,  p.  69. 

(4)    The  Assembly  will  not  appoint  delegates  to   Chxirches  represented  in 

the  Alliance. 

Whereas,  The  different  branches  of  the  Presbyterian  Church  through- 
out the  world  are  now  associated  with  each  other  in  the  General  Presby- 
terian Alliance;  and 

Whereas,  At  the  Councils  of  the  Alliance  delegates  from  all  these 
Churches  are  present  on  a  footing  of  perfect  equality,  and  in  the 
enjoyment  of  the  most  unreserved  fellowship;  and 

Whereas,  Under  such  circumstances  there  seems  to  be  little  necessity 
for  retaining  the  custom  of  appointing  delegates  to  visit  the  supreme 
courts  of  other  Presbyterian  Churches — a  custom  involving  a  not  incon- 
siderable outlay  of  time,  money  and  labor;  therefore 

Resolved,  That  the  Assembly,  with  the  most  cordial  esteem  for  the 
brethren  of  the  other  Presbyterian  Churches,  will  in  future  decline  to 
appoint  any  such  delegates,  and  content  themselves  with  the  appointment 
of  commissioners  to  the  General  Councils  of  the  Alliance. — 1879,  p.  616. 

a.  An  exception  to  the  above  action  was  made  in  favor  of  the  South- 
ern Presbyterian  Church. — 1883,  p.  687. 

b.  Resolved,  That  the  invitation  of  Rev.  ]\Ir.  Lortsch  for  the  Assem- 
bly to  appoint  a  representative  be  approved,  and  that  the  Rev.  George 
F.  Moore,  of  the  Presbytery  of  Boston,  is  hereby  appointed  to  perform  this 
service  at  the  next  meeting  of  the  Synod  of  the  Free  Evangelical  Church 
of  France,  at  St.  Foy  la  Grande  (Gironde),  on  the  23d  of  September, 
1885.— 1885,  p.  632. 


OF    THE    (iENERAL    ASSEMBLY.  311 

(5)    The  basis  of  representation  altered. 

That  the  representation  in  the  Council  be  for  each  100  congregations 
or  less,  two  delegates,  up  to  1000  congregations;  above  1000  congrega- 
tions, one  delegate  for  each  additional  100,  up  to  2000  congregations; 
above  2000  congregations,  one  delegate  for  each  additional  250  congre- 
gations. 

In  the  case  of  the  union  of  Churches  represented  in  the  Alliance,  it  is 
recommended  that  the  number  of  delegates  remain  as  previous  to  union ; 
on  the  union  being  reported  to  the  Council,  the  future  number  of  dele- 
gates shall  be  determined. — 1889,  p.  113. 

[Note. — See  p.  308  of  the  Minutes  of  the  Fourth  General  Council.] 
(6)   Plan  of  cooperation  in  work  on  the  North  American  Continent. 

The  Committee  of  Bills  and  Overtures  presented,  with  their  approval, 
the  annual  report  of  the  Commission  of  the  Alliance  of  the  Reformed 
Churches  holding  the  Presbyterian  System,  which  was  received,  and, 
after  an  address  by  the  President  of  the  Alliance,  the  Rev.  William  H. 
Roberts,  D.  D. ,  LL.D. ,  was  approved,  and  it  was  unanimously 

Resolved,  That  the  plan  of  cooperation  in  Home  Missions  contained 
in  the  report  be  cordially  adopted: 

"  The  Boards  and  Committees  of  Home  Missions,  Church  Erection, 
Freedmen's  Missions  and  Sabbath-school  Work  of  the  American 
Churches  in  '  The  Alliance  of  the  Reformed  Churches  holding  the  Pres- 
byterian System,'  both  in  the  United  States  and  Canada,  recognizing 
with  gratitude  to  God  their  substantial  unity  both  in  faith  and  polity,  do 
agree  upon  the  following  principles  of  action  for  their  guidance  in  their 
work,  viz. : 

"1.  That  in  the  work  of  all  these  Boards  as  related  to  each  other  the 
authority  of  the  Church  courts  is  to  be  recognized  as  final. 

"  2.  That  there  shall  be  no  interference  Avith  churches,  missions  or 
Sabbath-schools  at  present  existing,  unless  by  voluntary  agreement 
between  the  denominations  directly  concerned. 

"  3.  That  ordinarily,  no  churches,  missions  or  Sabbath -schools  shall 
be  established  in  small  communities  where  the  field  is  fully  occupied  by 
other  Presbyterian  or  Reformed  Churches. 

"  4.  That  the  supreme  judicatories  of  the  several  Churches  recommend 
their  Church  members  when  moving  into  new  communities  in  which  there 
is  no  congregation  of  their  own  Church,  to  unite,  for  the  time  being, 
with  some  other  Presbyterian  or  Reformed  Church,  if  such  there  be. 

"  5.  That  if  cases  of  difference  of  opinion  arise  in  connection  with  the 
work,  they  shall  be  referred  for  consideration  and  amicable  adjustment 
to  the  missionary  authorities  of  the  denominations  directly  concerned." 
—1896,  pp.  66-68. 

XIV.  (II)  CORRESPONDENCE.    CHURCHES  IN  AMERICA. 

1.  Proposals  for  correspondence  with  the  New  England  churches. 

[Note.— See  Moore's  Digest,  1886,  p.  266;  Minutes,  1766,  p.  3&1 ;  1767,  p.  374 ;  1790, 
p.  29;  1791,  p.  33.] 

2.  Plan  of  correspondence  with  the  General  Association  of  Connecticut. 

[Note.— See  Digest,  1886,  pp.  268-270 ;  Minutes,  1827,  p.  213.  For  terms  of  corre- 
spondence with  the  various  Congregational  bodies,  see  Moore's  new  Digest,  1861,  pp. 
435-469,  and  Baird's  Digest,  pp.  506-525.] 


312  FORM  OF  GOVERNMENT,  CHAP.  XII. 

3.  The  plan  of  union  and  action  under  it. 

[Note.— See  Moore's  new  Digest,  ISiil,  pp.  452-4G9,  and  MhiuteK,  1801,  pp.  221,  224. 
225;  1835,  p.  486;  18.37,  pp.  421,  458,  4(>4  ;  also  Baird'.s  Dineat,  pp.  570-581.] 

4.  Correspondence  with  the  Reformed  Churches. 

[Note. — For  a  full  history  of  the  early  relations  of  the  Assembly  with  the  Dutch 
and  Associate  Reformed  Churches,  see  Baird's  Digest,  pp.  525-53a.  In  1820  a  plan  of 
correspondence  with  the  General  Synod  of  the  Associate  Reformed  Church  was 
adopted.  Minutes,  p.  731  ;  Digest,  1886,  pp.  270,  271.  The  Synod  united  with  the 
Cieneral  Assembly  in  1822. 

For  correspondence  with  the  Reformed  Dutch  Church,  see  Digest,  1886,  p.  271,  and 
3Iinutes,  1823,  p.  76;  1830,  p.  287.] 

5.  Proposal  of  the  Reformed  (Dutch)  Church  in  America  declined. 

Dr.  Scott,  delegate  from  the  Reformed  Dutch  Church,  presented  to 
the  Assembly  the  following  minute  from  the  General  Synod  of  that  body 
respecting  the  transference  of  churches: 

Resohed,  That  if  the  General  Assembly  shall  concur,  no  church  shall 
be  transferred  from  the  one  body  to  the  other  without  the  formal  dismissal 
of  the  Presbytery  or  Classis  with  which  it  shall  have  been  connected.  — 
1851,  p.  17,"  O.  S. 

Resolved,  That  in  the  judgment  of  the  Assembly  great  prudence  and 
courtesy  should  be  manifested  by  the  Presbyteries  in  the  reception  of 
churches  from  the  Classis  of  the  Reformed  Dutch  Church,  and  that, 
where  it  is  practicable,  the  consent  of  all  parties  concerned  should  be  at 
least  sought  and,  if  possible,  secured ;  but  that  the  adoption  of  an  abso- 
lute rule,  such  as  is  propo.sed  by  the  General  Synod  of  the  Reformed 
Dutch  Church,  would  probably  be  productive  of  hardships  to  churchcvS 
and  inconvenience  to  both  denominations;  and  therefore,  for  the  present 
at  least,  the  Assembly  very  respectfully  and  fraternally  beg  leave  to 
decline  its  concurrence  in  the  adoption  of  said  rule. — 1851,  p.  21,  O.  S. 

6.  Complaint  against  the  Presbytery  of  North  River. 

On  a  complaint  of  the  Reformed  Dutch  Church  against  the  Presbytery 
of  North  River,  the  Assem1)ly 

Resolved,  1.  That  though  the  consistory  of  the  Second  Reformed 
Dutch  Church  of  Kingston  may  have  acted  arbitrarily  in  refusing  certi- 
ficates to  its  members  applying  for  them,  to  join  one  of  our  churches,  this 
Assembly  regards  as  irregular,  and  as  wanting  in  the  due  exercise  of 
Christian  forbearance,  the  proceeding  of  North  River  Presbytery,  in  .so 
hastily  organizing  a  church  composed  mostly  of  the  members  whom  said 
consistory  had  refused  to  dismiss. 

2.  That  though  the  Classis  of  Ulster  may  have  done  wrong  in  with- 
holding from  the  Rev.  Mr.  Smuller  the  certificate  for  which  he  applied 
to  join  the  Presbytery  of  North  River,  this  Assembly  cannot  approve 
of  the  act  of  said  Presbytery  in  receiving  him,  regarding  their  act,  in  so 
doing,  as  deficient  in  the  exercise  of  that  forbearance  which  should 
obtain  in  the  intercourse  of  sister  Churches. 

3.  That  the  Stated  Clerk  express  to  the  Dutch  Church  the  deep  regret 
which  this  Assembly  feels  that  there  should  have  been  any  cause  for 
complaint  or  recrimination. — 1855,  p.  302,  O.  S. 

7.  Relations  to  the  Presbyterian  Church  in  the  U.  S. 

(i)    The  Presbyterian  Church  in  the  U.  S.  {South)  recognized  as  an 
independent  body. 

The  Special  Committee  appointed  to  take  into  consideration  certain 
matters  relating  to  the   Southern   churches  respectfully  reports  that  the 


OF   THE   GENERAL   ASSEMBLY.  313 

following  papers  have  been  placed  in  its  hands,  and  have  been  carefully 
considered,  viz. : 

1.  An  overture  from  the  Presbytery  of  Zanesville,  asking  "  that  the 
Assembly  strike  from  the  lists  of  Synods,  Presbyteries  and  churches 
those  at  the  South  which  have  ceased  to  report  or  be  in  connection  with 
us,  and  that  they  be  recognized  as  an  independent  body  of  Presbyte- 
rians, and  overtures  of  friendly  correspondence  be  made  to  them." 

2.  An  overture  from  the  Presbytery  of  St.  Clairsville  of  like  import. 

3.  An  overture  from  the  Presbytery  of  Steubenville,  asking  that  the 
aforementioned  Synods,  Presbyteries  and  churches  be  stricken  from  the 
roll. 

4.  A  memorial  signed  by  certain  ministers  and  ruling  elders,  asking 
in  general  terms  that  the  General  Assembly  "  devise  such  wise  and  con- 
ciliatory measures  as  may  open  the  way  for  the  renewal  of  fraternal 
relations  with  our  brethren  of  the  Southern  churches." 

In  view  of  all  these  your  Committee  would  recommend  the  adoption 
of  the  following  preamble  and  resolutions: 

Whereas,  The  Synods  of  Alabama,  Arkansas,  Georgia,  Memphis, 
Mississippi,  North  Carolina,  South  Carolina,  Texas  and  Virginia,  with 
the  several  Presbyteries  under  their  care,  have,  with  the  exception  of  the 
Presbytery  of  New  Orleans  in  the  Synod  of  Mississippi,  voluntarily 
withdrawn  from  our  connection  and  organized  themselves  into  a  separate 
Church.     Therefore, 

Resolved,  1.  That  the  Permanent  Clerk  is  directed  to  droj)  their  names 
from  the  list  of  our  Synods  and  Presbyteries,  and  they  are  no  longer  to 
be  regarded  as  a  part  of  the  Presbyterian  Church  under  the  care  of  this 
Assembly,  with  the  exception  of  the  Presbytery  of  New  Orleans,  which 
is  hereby  attached  to  the  Synod  of  Nashville. 

Resolved,  2.  That  the  Assembly  does  hereby  recognize  the  organiza- 
tion into  which  these  Synods  have  formed  themselves  as  a  separate  and 
independent  Church,  sustaining  to  us  the  same  relation  which  we  accord 
to  other  branches  of  the  Presbyterian  Church;  and  hereafter  it  is  to  be 
treated  accordingly  by  all  the  courts  under  our  care. 

Resolved,  3.  That  the  Assembly  also  takes  this  occasion  to  say  that 
while  it  cannot  justify  those  brethren  in  separating  themselves  from  the 
Church  of  their  fathers,  it  regrets  their  withdrawal,  and  expresses  the 
earnest  hope  that  they  may  see  their  way  clear  to  return  to  their  former 
relations.— 1868,  p.  642,  O.  S. 

2.    Correspondence  with  the  Presbyterian  Church  in  the  U.  S. 

a.  The  following  preamble  and  resolutions,  presented  by  Rev.  William 
Adams,  D.D. ,  were  unanimously  adopted,  viz. : 

Whereas,  This  General  Assembly  believes  that  the  interests  of  the 
kingdom  of  our  Lord  throughout  our  entire  country  will  be  greatly  pro- 
moted by  healing  all  unnecessary  divisions; 

Whereas,  This  General  Assembly  desires  the  speedy  establishment  of 
cordial  fraternal  relations  with  the  body  known  as  the  "  Southern  Pres- 
byterian Church,"  on  terms  of  mutual  confidence,  respect,  Christian 
honor  and  love; 

Whereas,  We  believe  that  the  terms  of  reunion  between  the  two 
branches  of  the  Presbyterian  Church  at  the  North,  now  so  happily  con- 
summated, present  an  auspicious  opportunity  for  the  adjustment  of  such 
relations;  therefore,  be  it 


314  FORM    OF    (iOVERNMENT,    CHAP.     XII. 

Reaolced,  1.  That  a  Committee  of  five  ministers  and  four  elders  be 
appointed  by  this  Assembly  to  confer  with  a  similar  Committee,  if  it 
shall  be  appointed  by  the  Assembly  now  in  session  in  the  city  of  Louis- 
ville, Ky. ,  in  respect  to  opening  a  friendly  correspondence  between  the 
Northern  and  Southern  Presbyterian  Churches,  and  that  the  result  of 
such  conference  be  reported  to  the  General  Assembly  of  1871. 

Resolved,  2,  That  with  a  view  to  the  furtherance  of  the  object  con- 
templated in  the  appointment  of  said  Committee,  this  Assembly  hereby 
reaffirms  the  ' '  Concurrent  Declaration  ' '  of  the  two  Assemblies  which 
met  in  the  city  of  New  York  last  year,  viz. : 

' '  That  no  rule  or  precedent  which  does  not  stand  approved  by  both 
bodies  shall  be  of  any  authority  in  the  reunited  body,  except  in  so  far  as 
such  rule  or  precedent  may  affect  the  rights  of  property  founded  thereon. ' ' 

Resolved,  3.  That  two  ministers  and  one  elder  of  the  Committee  ap- 
pointed by  this  Assembly  be  designated  as  delegates  to  convey  to  the 
Assembly  now  in  session  at  Louisville,  Ky. ,  a  copy  of  these  resolutions, 
with  our  Christian  salutations. — 1870,  p.  18. 

b.  William  Adams,  D.D.,  C.  C.  Beatty,  D.D.,  P.  H.  Fowler,  D.D., 
H.  J.  Van  Dyke,  D.D.,  J.  C.  Backus,  D.D.,  Henry  Green,  LL.D., 
Hon.  William  E.  Dodge,  Mr.  James  Brown  and  Hon.  Daniel  Haines 
were  appointed  a  Committee  of  Correspondence  with  the  General  Assem- 
bly of  the  Presbyterian  Church  South,  now  in  session  at  Louisville,  Kv. 
—lb.,  p.  20. 

C.  J.  C.  Backus,  D.D.,  and  Hon.  AVilliam-  E.  Dodge,  two  of  the 
above  Committee,  made  a  verbal  report  of  their  visit  to  Louisville,  which 
was  accepted. — lb.,  p.  34.     Subsequently, 

d.  The  Stated  Clerk  reported  a  communication  from  the  General  As- 
sembly of  the  Presbyterian  Church  South,  which  was  read. 

[Note.— For  the  letter  in  full  see  Minutes,  1870,  pp.  56-58.] 

Whereupon  the  following  response,  reported  by  the  Committee  on 
Correspondence  with  the  Church  South,  was  adopted: 

Whereas,  This  General  Assembly,  at  an  early  period  of  its  sessions, 
declared  its  desire  to  establish  cordial  fraternal  relations  with  the  Genei'al 
Assembly  of  the  Presbyterian  Church  in  the  United  States,  commonly 
known  as  the  Southern  Assembly,  on  the  basis  of  Christian  honor,  con- 
fidence and  love,  and  with  a  view  to  the  attainment  of  this  end  appointed 
a  Committee  of  five  ministers  and  four  elders  to  confer  with  a  similar 
Committee,  if  it  should  be  appointed  by  the  Assembly  then  in  session  at 
Louisville,  Ky.,  "  in  regard  to  the  amicable  settlement  of  all  existing 
difficulties,  and  the  opening  of  a  friendly  correspondence  between  the 
Northern  and  Southern  Churches;"  and  for  the  furtherance  of  the 
objects  contemplated  in  the  appointment  of  said  Committee,  and  with  a 
view  to  remove  the  obstacles  which  might  prevent  the  acceptance  of  our 
proposals  by  our  Southern  brethren,  reaffirmed  the  Concurrent  Declara- 
tion of  the  two  Assemblies  which  met  in  New  York  last  year,  to  the 
effect  that  ' '  no  rule  or  precedent  which  does  not  stand  approved  by  both 
the  bodies  shall  be  of  any  authority  in  the  reunited  body,  except  so  far 
as  such  ride  or  precedent  may  affect  the  rights  of  property  founded 
thereon,"  and  as  a  further  pledge  of  our  sincerity  in  this  movement  sent 
a  copy  of  our  resolutions,  together  with  our  Christian  salutations,  to  the 
Assembly  at  Louisville  by  the  hands  of  delegates  chosen  for  that  purpose ; 

And  whereas,  The  Southern  Assembly,  while  receiving  our  delegates 
with  marked  courtesy  and  formally  complying  with  our  proposition  for 


OF   THE   GENERAL   ASSEMBLY.  315 

the  appointment  of  a  Committee  of  Conference,  has  nevertheless  accom- 
panied that  appointment  with  declarations  and  conditions  which  we  cannot 
consistently  accept,  because  they  involve  a  virtual  prejudgment  of  the 
very  difficulties  concerning  which  we  invited  the  conference;  therefore. 

Resolved,  That  the  further  consideration  of  the  subject  be  postponed, 
and  the  Committee  be  discharged.  At  the  same  time,  we  cannot  forbear 
to  express  our  profound  regret  that  a  measure  designed  and,  as  we 
believe,  eminently  fitted  to  promote  the  establishment  of  peace  and  the 
advancement  of  our  Redeemer's  kingdom  in  every  part  of  our  country 
has  apparently  failed  to  accomplish  its  object.  We  earnestly  hope  that 
the  negotiations  thus  suspended  may  soon  be  resumed  under  happier 
auspices,  and  hereby  declare  our  readiness  to  renew  our  proposals  for  a 
friendly  correspondence  whenever  our  Southern  brethren  shall  signify 
their  readiness  to  accept  it  in  the  form  and  spirit  in  which  it  has  been 
offered. —1870,  p.  58. 

e.  Overture  No.  15,  from  the  Presbytery  of  Des  Moines,  with  refer- 
ence to  union  with  the  General  Assembly  of  the  Presbyterian  Church 
South.  The  Committee  recommend  the  adoption  of  the  following 
resolution : 

Resolved,  That  as  the  General  Assembly  has  heretofore  declared  its 
willingness  to  resume  fraternal  relations  and  Christian  union  with  the 
Assembly  South,  and  still  retains  the  same  sentiment,  it  is  deemed  unwise 
to  take  any  action  at  present  on  this  overture.     Adopted. — 1872,  p.  70. 

{3)  Action  touching  those  adhering  to  the  General  Assembly  of  the  Pres- 
byterian Church  in  the  U.  S.  and  Old  School  Synod  of  Missouri 
declared  null  and  void. 

An  overture  from  the  Presbytery  of  Baltimore,  asking  the  Assembly 
to  affirm  the  doctrines  of  the  Standards  of  our  Church  pertaining  to  the 
civil  magistrate  and  the  relation  of  Church  and  State;  also  one  from  the 
Presbytery  of  Austin,  concerning  certain  rules  passed  previously  to  the 
Reunion  with  regard  to  members  of  the  Southern  Presbyterian  Church. 

As  the  subjects  of  these  overtures  greatly  concern  the  peace  and  pros- 
perity of  the  Church,  especially  in  those  regions  more  directly  aftected 
by  the  late  civil  war,  the  Committee  would  recommend  the  adoption  of 
the  following  paper: 

The  General  Assembly,  deploring  the  divisions  that  have  occurred, 
and  that  continue,  among  Presbyterians  in  the  United  States  of  America, 
and  earnestly  desiring  to  do  whatever  is  consistent  Avith  duty  and  fidelity 
to  the  Lord  toward  healing  these  divisions,  and  furthermore,  having 
good  reason  to  hope  that  the  action  contemplated  in  the  following  paper 
will  promote  and  secure  this  happy  result,  do  solemnly  declare :_ 

1.  That  in  accordance  with  a  resolution  unanimously  adopted  by  each 
of  the  two  bodies  now  constituting  the  reunited  Church,  all  action  touch- 
ing the  brethren  adhering  to  the  body  popularly  known  as  the  Southern 
General  Assembly,  together  with  all  action  touching  the  brethren  adher- 
ing to  the  body  known  as  the  Old  School  Synod  of  Missouri,  has  been 
since  the  Reunion  null  and  void,  and  therefore  of  no  binding  effect,  and 
not  to  be  pleaded  as  a  precedent  in  the  future. 

2.  The  Assembly  also  express  confidence  in  the  soundness  of  doctrine 
and  in  the  Christian  character  of  these  brethren,  and  cannot  doubt  that 
a  more  intimate  communion  would  lead  to  the  speedy  removal  of  the 
barriers   that   now   separate  those  of  like  precious  faith,   to  increased 


316  FORM    OF    GOVERNMENT,    CHAP.    XII. 

mutual  affection  and  esteem,  and  to  a  practical  manifestation  of  our  one- 
ness in  Christ. 

8.  With  regard  to  the  civil  magistrate  and  the  relations  of  Church  and 
State,  the  Assembly  deem  it  sufficient  to  call  attention  to  the  following 
principles  and  statements  found  in  these  Standards,  t(j  wit:  I.  "  Synods 
and  Councils  are  to  handle  or  conclude  nothing  but  that  which  is  ecclesi- 
astical, and  are  not  to  intermeddle  with  civil  affiiirs  which  concern  the 
commonwealth,  unless  by  way  of  humble  petition  in  cases  extraordinary, 
or  by  way  of  advice  for  satisfaction  of  conscience,  if  they  be  thereunto 
required  by  the  civil  magistrate"  (Confession  of  Faith,  Chap,  xxxi, 
Sec.  iv).  II.  "  That  God  alone  is  Lord  of  the  conscience,  aod  hath 
left  it  free  from  the  doctrine  and  commandments  of  men,  which  are  in 
anything  contrary  to  His  Word,  or  beside  it,  in  matters  of  faith  or  wor- 
ship ;"  "  that  all  Church  power,  whether  exercised  by  the  body  in 
general  or  in  the  way  of  representation  by  delegated  authority,  is  only 
ministerial  and  declarative — that  is  to  say,  that  the  holy  Scriptures  are 
the  only  rule  of  faith  and  manners;  that  no  Church  judicatory  ought  to 
pretend  to  make  laws  to  bind  the  conscience  in  virtue  of  their  own 
authority,  and  that  all  their  decisions  should  be  founded  upon  the 
revealed  will  of  God  "  (Form  of  Government,  Chap,  i.  Sees,  i  and  vii). 

4.  For  the  purpose  of  carrying  out  the  spirit  of  the  foregoing  resolu- 
tions, the  Assembly  will  appoint  two  Committees  to  confer  with  similar 
Committees,  if  appointed  by  the  General  Assembly  of  the  Presbyterian 
Church  in  the  United  States  and  by  the  Old  School  Synod  of  Missouri, 
to  seek  closer  and  more  fratenaal  relations  with  these  bodies. — 1873, 
p.  502. 

(4)   Correspondence  with  the  General  Assembly  of  the  Presbyterian 
Church  in  the  U.  S. 

a.  A  Committee  was  appointed  to  confer  Avith  a  like  Committee,  if 
appointed  by  the  General  Assembly  of  the  Presbyterian  Church  in  the 
United  States,  to  seek  closer  and  more  fraternal  relations  with  that  body. 
—1873,  p.  503. 

b.  Enlarged,  1874,  p.  61,  so  as  to  consist  of  Revs.  Samuel  J.  Niccolls, 
Henry  Darling,  EdAvin  F.  Hatfield,  Thomas  H.  Skinner,  H.  J.  Van 
Dyke,  Ebenezer  Erskine  and  Messrs.  Benjamin  Whitely,  James  K. 
Moorhead,  Joseph  W.  Edwards  and  Samuel  M.  Breckinridge. 

This  Committee  met  with  a  like  Committee  of  the  Southern  Church  in 
Baltimore,  January  7,  1875.  Their  report  is  found  in  the  Minutes  of 
1875,  pp.  483-486;  and  the  correspondence  in  the  Appendix,  1875,  pp. 
627-641. 

The  Assembly,  regretting  that  the  negotiations  in  reference  to  fraternal 
correspondence  between  the  two  churches  have  failed, 

Resolved,  That  it  deemed  it  inexpedient  to  press  the  question  of  frater- 
nal relations  at  present  by  further  negotiations  through  the  appointment 
of  another  Committee.  See  in  full,  1875,  pp.  492,  493;  1876,  pp.  43, 
44,  55,  56. 

C.   In  1877  the  following  action  was  taken: 

Inasmuch  as  the  General  Assembly  of  1870  and  1873  have  solemnly 
declared  that  all  the  deliverances  of  the  General  Assemblies  during  the 
late  war,  so  far  as  they  impeach  the  Christian  character  and  doctrinal 
soundness  of  the  body  known  as  the  Southern  Presbyterian  Church,  are 
null  and  void;  and 


OF    THE    GENERAL    ASSEMBLY.  317 

Whereas,  Our  last  General  Assembly,  reiterating  the  action  of  former 
Assemblies  declared  our  confidence  in  the  Christian  character  and  doc- 
trinal soundness  of  the  Southern  Presbyterian  Church,  and  our  desire  to 
enter  into  fraternal  correspondence  with  them  upon  terms  of  perfect 
equality  and  reciprocity,  and  cordially  invited  the  Southern  Assembly  to 
send  corresponding  delegates  to  this  Assembly: 

Therefore,  Resolved,  That,  while  we  are  sincerely  desirous  to  be 
reunited  in  closer  relations  with  the  brethren  from  whom  we  have  been 
separated,  we  do  not  deem  it  expedient  at  present  to  take  any  further 
action  upon  the  subject,  except  to  repeat  the  declaration  of  the  last 
Assembly,  that  we  are  ready  cordially  to  receive  a  representative  from 
the  Southern  Church,  and  to  send  a  delegate  to  their  Assembly,  when- 
ever they  may  intimate  a  willingness  to  enter  into  fraternal  relations  upon 
such  terms. — 1877,  pp.  570,  571. 

d.  In  1882  {Minutes,  p.  50)  a  message  was  received  from  the  Gen- 
eral Assembly  of  the  Presbyterian  Church  in  the  United  States. 

[Note.— For  which  see  ^fmutes,  1882,  pp.  50,  06,  83,  84 ;  Digest,  1886,  pp.  537,  538.] 

e.  Delegates  were  mutually  appointed  by  the  two  Assemblies. 
[Note.— See  Minutes,  1882,  pp.  102,  103 ;  Digest,  1886,  pp.  537,  538.] 

f.  The  Assembly  U.  S.  A. ,  Resolved,  To  continue  correspondence  with 
the  Assembly  U.  S.  by  delegates,  and  telegraphed  its  resolution  to  that 
Assembly. 

In  response  the  Assembly  U.  S.  reply:  The  Assembly  has  determined 
to  adhere  to  the  action  of  the  last  Assembly,  Avhich  is  to  correspond  by 
letter. 

[Note.— See  Minutes,  1884,  p.  101 ;  Digest,  1886,  p.  538.] 

g.  A  Committee  of  Correspondence  was  accordingly  appointed. 
[Notk. — See  Minutes,  1884,  p.  113.] 

Special  Committee  on  Cooperation  appointed. 

h..  A   special  Committee  of   seven  was   appointed   by  the   Assembly 

U.  S.  A.  to  confer  with  a  like  Committee  of  the  Assembly  U.  S. ,  if  one 

should  be  appointed. 

[Note.— See  Minutes,  1883,  p.  591 ;  Digest,  1886,  p.  538. 

For  the  report  of  the  Committee  on  Cooperation,  see  Minutes,  1884,  pp.  67-70 ; 
Digest,  1886,  pp.  539-541.] 

i.  In  the  Minutes,  1885,  pp.  705-707  (Appendix),  will  be  found  a 
letter  from  the  Assembly  U.  S.,  and  a  reply  from  the  Assembly  U,  S.  A., 

[Note. — See  also  Minutes,  1886,  pp.  125,  126.] 

j.  In  1887  the  Assembly  U.  S.  proposed  to  the  Assembly  U.  S.  A., 
the  appointment  of  a  Committee  of  Inquiry  as  to  certain  points  suggested 
by  that  Assembly.  The  Assembly  U.  S.  A.  responded  by  the  appoint- 
ment of  a  Committee  of  nine  to  confer,  and  report  to  the  next  Assembly. 

[Note.— See  Minutes,  1887,  pp.  116,  117.  128.] 

The  report  of  this  joint  Committee  of  Conference  was  referred  to  a 
Special  Committee.— 1888,  p.  85,  92. 

The  report  of  the  joint  Committee  of  Conference,  together  with  the 
correspondence  between  the  two  Committees  is  found — 1888,  pp.  93-102. 

The  Special  Committee  (1888,  p.  92)  presented  its  report,  which  was 
unanimously  adopted.  The  Committee  of  Conference  was  enlarged  by 
five  members,  and  continued. — 1888,  p.  93. 

[Note.— See  Minutes,  1889,  pp.  20,  68.] 


318  FORM  OF  GOVERNMENT,  CHAP.  XII. 

(5)    Cooperation  with  the  Presbyterian  Church  in  the  U.  S. 

The  Special  Committee,  appointed  to  confer  with  a  like  Committee  of 
the  Presbyterian  Church  in  the  United  States  on  modes  of  cooperation, 

l^resented  its  report,  which  was  read A  minority  report  by  the 

Hon.  S.  M.  Breckinridge  was  also  received  and  read,  and  the  considera- 
tion of  both  reports,  after  being  printed,  Avas  made  the  order  of  the  day 
for  Wednesday  next  at  9.30  A.M.— 1889,  p.  20. 

The  following  telegram  was  received  from  the  Presbyterian  Church  in 
the  United  States: 

Chattanooga,  Tenn.,  May  23,  1889. 
To  the  Moderator  of  the   General  Assembly  of  the  Presbyterian   Church, 
Fourth  Avenue,  New  York: 
The  vote  on  cooperation  was  taken  at  11  P.M.,  and  passed,  99  to  27 

Joseph  R.   Wilson,  Stated  Clerk. 
—1889,  p.  68. 

The  whole  report  was  then  adopted,  and  it  was 

Resolved,  That  the  Stated  Clerk  be  directed  to  telegraph  to  the  Gen- 
eral Assembly  in  session  at  Chattanooga,  the  action  of  this  Assembly, 
with  a  statement  appended  showing  the  amendments,  and  giving  the 
reason  therefor. 

The  telegram  was  read  to  the  Assembly,*  adopted,  and  is  as  follows: 

To  the  General  Assembly  of  the  Presbyterian  Church  in  the  United  States 
in  session  at  Chattanooga,  Tenn. : 

The  General  Assembly  in  session  in  New  York  city  have  adopted  the 
report  of  the  Joint  Committee  of  Conference  on  Cooperation,  with  the 
following  amendments: 

In  Paper  No.  2,  on  Cooperation  in  the  Home  Field,  Resolutions  3  and 
4  have  been  consolidated  into  one  resolution  numbered  Resolution  3.  In 
Paper  No.  8,  on  Cooperation  in  the  Evangelization  of  the  Colored  People, 
the  sixth  paragraph  of  the  statement  preceding  the  resolutions  was 
amended  by  the  omission  of  the  words,  ' '  While,  by  conceding  the  exist- 
ing situation,  it  approves  the  policy  of  separate  churches.  Presbyteries 
and  Synods,  subject  to  the  choice  of  the  colored  people  themselves." 
The  Assembly  further  resolved  that  this  clause  was  stricken  out,  not  to 
prejudice  future  action,  nor  to  outline  the  future  policy  of  this  Church, 
but  simply  because  this  Assembly  did  not  believe  that  it  stated  the  histor- 
ical fact  in  the  case.      Your  concurrence  in  this  action  is  requested. 

In  behalf  of  the  Assembly, 

Wm.   H.   Roberts,  Stated  Clerk. 

The  report  of  the  Committee  on  Cooperation  as  adopted  is  as  follows: 

The  Committee  of  Conference  on  Fraternal  Cooperation  in  Christian 
Work  respectfully  presents  the  following  report: 

The  General  Assembly  of  the  Presbyterian  Church  in  the  United 
States  of  America,  in  accepting  the  report  of  its  Committee  of  Confer- 
ence with  a  Committee  of  Conference  of  the  Presbyterian  Church  in  the 
United  States,  adopted,  inter  alia,  the  following: 

"  The  Assembly  devoutly  cherishes  the  hope  that  the  Centennial  Cele- 
bration, in  which  the  representatives  of  the  two  Churches  have,  within 
the  past  few  days  so  cordially  united,  may  prove  the  beginning  of  an 
era  of  closer  fellowship  and  more  cordial  codperation  in  the  conduct  of 
*  See  for  answer,  p.  322. 


OF    THE    GENERAL    ASSEMBLY.  319 

their  work  for  Christ,  and  for  the  more  effectual  performance  of  this, 
reconnneuds  that  the  Committee  be  enlarged  by  five  new  members,  and 
be  continued,  with  instructions  to  confer  with  a  similar  Committee  of 
the  other  Assembly,  if  it  should  be  appointed,  in  devising  such  methods 
of  conducting  our  common  work,  both  at  home  and  abroad,  as  shall 
open  the  door  to  the  fullest  and  heartiest  cooperation. 

' '  We  recommend  that  the  following  persons  be  added  to  the  Commit- 
tee: Ministers — Henry  Darling,  Charles  S.  Pomeroy,  William  C. 
Young;  Ruling  Elders — Samuel  M.  Breckinridge,  Henry  M.  Knox  " 
{Minutes,  1888,  p.  93). 

The  Moderator,  the  Rev.  Charles  L.  Thompson,  D.D.,  was  subsequently 
added  to  the  Committee  {Minxdes,  1888,  p.  147). 

The  General  Assembly  of  the  Presbyterian  Church  in  the  United 
States,  Resolved,  That,  "  in  response  to  the  action  of  the  Northern 
Assembly,  we  cheerfully  agree  to  appoint  a  Committee,  whose  duty  it 
shall  be  to  confer  with  a  similar  Committee  appointed  by  them  in  refer- 
ence to  all  such  modes  of  fraternal  cooperation  in  Christian  work,  both 
tit  home  and  abroad,  as  may  be  considered  practical  and  edifying." 

This  Committee  consisted  of  the  Rev.  M.  D.  Hoge,  D.D. ,  Chairman; 
Joseph  R.  Wilson,  D.D.,  G.  B.  Strickler,  D.D.,  M.  H.  Houston,  D.D., 
J.  N.  Craig,  D.D.,  C.  A.  Stillman,  D.D.,  T.  D.  Witherspoou,  D.D., 
and  Thomas  J.  Kirkpatrick,  William  M.  McPheeters,  M.D.,  W.  8. 
Primrose,  R.  T.  Simpson,  D.  N.  Kennedy,  A.  M.  Machen  {Minutes 
Fres.  Church  U.  S.,  1888,  pp.  422,  435). 

These  Committees  met  in  joint  convention  in  the  city  of  New  York, 
December  28,  1888,  and  continued  in  frank  interchange  of  opinions 
until  January  1,  1889. 

Finding  itself  unprepared  for  final  action,  the  convention  appointed 
Subcommittees,  to  which  were  assigned  the  topics:  I.  Of  Cooperation 
in  the  Foreign  Field ;  II.  Of  Cooperation  in  the  Home  Field ;  III.  Of 
Cooperation  in  the  Evangelization  of  the  Colored  People;  IV.  Of 
Cooperation  between  the  two  Churches  in  matters  of  Publication,  etc. 
These  Subcommittees  were  directed  to  report  to  a  meeting  of  the  conven- 
tion to  be  held  in  Atlanta,  Ga.,  April  17,  1889,  at  11  o'clock  A.M. 

Accordingly  the  Committees  met  in  joint  convention  in  the  Kimball 
House,  Atlanta,  Ga.,  April  17,  1889,  at  11  A.M.  The  several  Sub- 
committees reported  on  the  subjects  assigned  them,  and  after  full,  free 
and  most  fraternal  consideration,  it  was 

Resolved,  That  these  two  Committees,  in  joint  convention,  agree  to 
recommend  to  their  respective  Assemblies  to  adopt  the  following  Papers, 
I,  II,  III,  IV,  as  a  basis  of  cooperation  in  the  matters  to  which  they 
respectively  refer,  viz. : 

I.   As  to  Cooperation  in  the  Foreign  Mission  Work. 

The  two  Committees  do  agree  to  report  to  the  General  Assemblies  which 
they  respectively  represent  the  following: 

It  is  a  matter  of  great  satisfaction,  for  which  we  are  bound  to  thank 
God  always,  that  the  missionaries  of  our  two  Churches  have  from  the 
beginning  maintained  the  most  cordial  relations  as  co-laborers  in  all  the 
fields  abroad  in  which  they  have  had  a  common  work.  In  Japan  and  in 
Brazil  the  missionaries  of  the  two  Churches,  with  the  native  Christians 
under  their  care,  have  united  to  form,  in  each  country,  a  sepai'ate  Pres- 
byterian Church.  In  China,  measures  have  been  adopted  looking  to  the 
same  end.     It  may  be  regarded  as  the  established  policy  of    the  two 


320  FORM    OF   GOVERNMENT,    CHAP.    XII. 

Churches  that  their  missionaries  should,  in  every  fiekl  where  their  work 
is  contiguous,  uuite  in  planting  and  developing  one  Pi-esbyterian  Church, 
having  no  ecclesiastical  connection  with  either  Church  in  the  United  States. 

In  view  of  these  facts  it  is  recommended  that  the  General  Assemblies 
of  the  two  Churches  counsel  the  people  under  their  care  to  avail  them- 
selves of  the  missionary  literature  of  both  C'hurches,  that  they  may  thus 
have  a  full  and  intelligent  view  of  the  great  work  in  which  they  are 
happily  co-laborers:  and  further,  that  each  of  the  Churches  may  recog- 
nize the  duty  resting  upon  it  to  consider  kindly  the  mission  work  of  the 
other,  to  pray  for  it,  and  in  every  way  practicable  to  promote  its  success. 

II.   As  to  Cooperation  in  the  Home  Field. 

The  Committees  representing  the  General  Assemblies  of  the  Presby- 
terian Church,  known  as  Northern  and  Southern,  believing  that  both 
parties  do  earnestly  desire  so  to  conduct  their  Home  Mission  work  as  to 
prevent  antagonism  or  hurtful  rivalry,  and  to  avoid  even  the  appear- 
ance, on  the  part  of  either,  of  interfering  with  the  work  of  the  other, 
do  agree  to  recommend  to  their  respective  Assemblies  for  adoption,  the 
following,  viz. : 

1.  Where  Presbyteries  belonging  to  the  two  Assemblies  cover  the  same 
ground,  they  are  advised  to  endeavor,  either  as  Presbyteries,  or  through 
their  Committees,  to  agree  as  brethren  to  have  the  efforts  of  one  Church 
expended  in  certain  fields,  and  the  efforts  of  the  other  Church  expended 
in  certain  other  fields,  within  their  common  bounds,  so  as  to  prevent 
hurtful  rivalry  or  antagonism. 

2.  Where  there  are  weak  churches,  which,  standing  alone,  cannot 
support  a  minister,  but  which  can  be  grouped  with  churches  connected 
>vith  the  other  Assembly  so  as  to  form  one  ministerial  charge.  Presby- 
teries having  jurisdiction  are  advised  to  allow  such  churches  to  be 
grouped  under  a  minister  from  either  body  to  whom  their  respective 
Presbyteries  are  willing  to  give  them  in  charge,  and  to  have  their  con- 
tributions to  the  general  benevolent  funds  passed  through  the  channels 
appointed  by  their  respective  Assemblies;  and  where  such  churches  are 
sufficiently  near,  they  are  recommended,  a  majority  of  each  congrega- 
tion agreeing,  to  consolidate  and  form  one  congregation,  with  such 
Presbyterial  connections  as  may  be  most  agreeable  to  the  membership. 

3.  That  persons  connected  with  churches  under  the  care  of  one  of 
these  Assemblies  who  may  remove  into  the  bounds  of  churches  under  the 
care  of  the  other  Assembly,  be  advised  to  unite  with  those  churches,  and 
to  seek  their  peace  and  prosperity.  And  where  such  persons  are  found 
in  sufficient  numbers  to  organize  a  church  (there  being  no  other  Presby- 
terian church  in  their  immediate  vicinity),  they  should  form  such  organ- 
ization under  the  care  of  the  Presbytery  with  which  the  contiguous 
Presbyterian  churches  are  connected;  provided  said  Presbytery  belongs 
to  either  of  these  Assemblies.  Within  the  bounds  of  the  Presbytery 
connected  with  one  Assembly  there  may  be  communities  composed 
largely  of  persons  who  are  members  of  churches  connected  with  the 
other  Assembly,  whose  affiliations  and  preferences  are  too  strong  to 
permit  them  to  sever  their  connection.  In  such  cases,  when  these  persons 
shall  have  been  organized  into  a  church  under  the  care  of  the  nearest 
Presbytery  connected  with  that  Assembly  to  which  they  belong,  they 
should  receive  from  the  Presbytery  within  whose  bounds  they  reside  that 
sympathy  and  good -will  which  are  implied  in  the  fraternal  relations 
established  between  the  two  Assemblies. 


OF    THE    GENERAL    ASSEMBLY.  321 

III.   As  to  Cooperation  in  the  Evangelization  of  the  Colored  People. 

The  Conference  Committees  of  the  two  Presbyterian  Assemblies,  now  in 
joint  session  at  Atlanta,  recognize  that  no  subjects  likely  to  come  under 
their  consideration  among  the  topics  regarding  cooperation  are  fraught 
with  profounder  interest,  or  touch  graver  issues,  than  the  evangelization 
of  the  colored  people  within  our  bounds,  as  well  as  the  settlement  of 
their  wisest  and  most  profitable  ecclesiastical  relations  among  us. 

Whatever  difference  of  opinion  may  prevail  on  other  points,  happily 
all  good  men  agree  in  the  earnest  wish  to  bring  the  colored  race  to  a 
saving  knowledge  of  God's  truth,  and  to  secure  the  best  practical  devel- 
opment of  their  Christian  life  and  eflfort. 

Many  of  the  colored  people  are  now  members  of  our  respective 
Churches,  while  many  of  the  actual  and  prospective  ministers  of  their 
own  race  are  in  training  in  the  schools  belonging  to  one  or  the  other 
Assembly,  or  ai'e  members  of  Presbyteries  in  connection  with  these 
bodies.  They  are  now  receiving  our  fostering  care,  and  require  our 
unremitting  efforts  to  instruct  them,  not  only  in  the  fundamental  elements 
of  the  Christian  faith,  but  in  the  practical  duties  of  church  life,  that, 
grounded  in  the  truth,  and  guarded  from  the  danger  of  a  mere  emo- 
tional religion,  and  from  the  superstition  and  fanaticism  to  which  impres- 
sible natures  are  especially  liable,  they  may  become  intelligent,  consis- 
tent, faithful  followers  of  Jesus  Christ. 

In  the  van  of  all  discussion  upon  methods  of  cooperation  to  this  end, 
we  find  ourselves  confronted  by  a  difterence  of  opinion  between  the  two 
Assemblies,  so  far  as  we  can  gather  from  their  deliverances,  as  to  the 
theory  upon  which  such  concerted  efforts  are  to  be  undertaken,  and  the 
distinct  aim  of  their  accomplishment. 

In  the  Southern  Assembly,  the  policy  was  adopted  many  years  since,  of 
entire  independence  for  the  colored  people  in  their  church  organizations, 
as  the  ultimate  issue  of  the  cordial  efforts  of  that  Assembly,  in  behalf 
of  their  colored  brethren  (see  Minutes  of  Southern  Assembly,  1888, 
p.  458). 

The  Northern  Assembly,  on  the  other  hand,  has  pronounced  itself  as 
not  in  favor  of  setting  forth  its  colored  members  into  a  separate,  inde- 
pendent organization. 

It  believes  that  our  great  work  among  the  colored  people,  for  their 
moral  and  religious  development,  is  to  be  done  by  recognizing  those  who 
are  in  the  Church  as  entitled  to  all  the  rights  and  privileges  which  are 
involved  in  Church  membership  and  ordination  (see  Minutes  of  North- 
ern Assembly,  1888,  p.  99). 

However,  since  the  status  in  both  Churches  finds  them  practically 
employing  the  same  methods  at  present  in  their  respective  bodies,  as 
regards  the  education  of  colored  ministers,  the  progressive  evangelization 
of  that  race  and  the  oz'ganization  of  their  churches  into  Presbyteries,  we 
do  not  believe  that  two  great  denominations  like  ours,  so  near  akin,  should 
be  prevented  from  cordial  cooperation,  so  far  as  may  be  thought  wise,  in 
such  vital  concerns  as  these,  by  any  different  preferences  of  opinion  as 
to  a  final  policy,  which  might  be  safely  left  to  settle  itself  in  the  provi- 
dence of  God,  either  by  the  formal  decision  of  the  colored  people  them- 
selves eventually,  or  by  the  clearer  and  more  decided  conviction  of  these 
cooperating  Assemblies. 

Hence  this  Joint  Committee,  waiving  the  consideration  of  these  differ- 
ences heretofore  stated,  agrees  to  recommend  to  the  two  Assemblies: 
■11 


322  FORM  OF  GOVERNMENT,  CHAP.  XII. 

1.  That  the  relations  of"  the  colored  people  in  the  two  CJhurches  l)e 
allowed  to  remain  in  statu  quo,  the  Avork  among  them  to  ])roceed  on  the 
same  lines  as  heretofore. 

2.  That  all  proper  aid,  comfort  and  encouragement,  in  a  spirit  of 
kindly  Christian  sympathy,  brotherhood  and  confidence,  shall  be  extended 
by  each  Church  to  the  educational  and  evangelizing  efforts  of  the  other 
for  the  colored  race,  with  a  view  to  the  encouragement  of  every  laudable 
effort  to  this  end  on  both  sides. 

3.  The  schools  and  churches  under  care  of  the  Board  of  Missions  for 
Freedmen,  and  any  corresponding  work  undertaken  by  the  Southern 
Assembly,  especially  its  Tuscaloosa  Institute  for  the  Education  of  Colored 
Ministers,  shall  be  heartily  recommended  to  the  givers  of  our  respective 
Churches  for  practical  aid,  as  mutually  concerned  in  the  same  great 
missionary  work  for  the  glory  of  God  and  the  blessing  of  our  common 
country. 

lY.   As  to  Codperatio7i  in  Publication. 

Your  Committee  appointed  to  consider  the  subject  of  cooperation 
between  the  Churches  in  the  interests  of  publication,  etc.,  respectfully 
report:  That  such  cooperation  is  already  secured  between  the  business 
departments  of  the  Committee  of  Publication  at  Richmond  and  the  Board 
of  Publication  at  Philadelphia;  the  latter  having,  in  effect,  made  the 
Publication  House  at  Richmond  a  depository  of  its  issues.  The  Rich- 
mond House  keeps  a  large  stock  of  the  books  of  the  Philadelphia  Board 
on  hand ;  it  takes  subscriptions  for  its  Presbyterian  periodicals,  and 
receives  in  turn  any  orders  the  Publication  Board  receives  from  the 
Southern  field. 

In  like  manner  publications  of  the  Richmond  Committee  are  on  the 
shelves  of  the  Publication  House  in  Philadelphia,  and  find  circulation 
whenever  there  is  any  demand  for  them.  It  would  seem,  therefore,  that 
we  have  reached  the  limits  of  cooperation,  so  far  as  publication  is  con- 
cerned. 

We  make  no  report  with  regard  to  cooperation  in  educational  institu- 
tions, as  that  question  is  comprehended  in  the  larger  one  of  the  evangeli- 
zation of  the  colored  people,  and  will,  no  doubt,  be  controlled  by  the 
decision  of  our  General  Assemblies  in  relation  to  that  great  interest. 
Respectfully  submitted, 

Joseph  T.  Smith,   Chairman. 
—1889,  pp.  69-74. 

Chattanooga,  Tenn.,  May  24,  1889. 
To  the  Moderator  of  the  General  Assembly  of  the  Presbyterian  Church  in 
Session  in  New  York  : 
The    General  Assembly,   in  session  at  Chattanooga,   concurs  in  the 
amendment  as  conveyed  in  the  telegram  from  your  body,  received  to-day. 

Joseph  R.  Wilson,  Stated  Clerk. 
—1889,  pp.  79. 
The  folloAving  resolutions  were  then  adopted: 

Resolved,  1.  That  this  Assembly  would  record  its  devout  gratitude  to 
the  great  Head  of  the  Church,  for  the  result  reached  by  the  Committee 
of  Conference  on  Methods  of  Cooperation. 

2.  That  we  record  our  appreciation  of  the  ability,  fidelity  and  zeal  of 
our  own  Committee. 

3.  That  this  Committee  be  now  discharged, — 1889,  p.  80. 


OF   THE   GENERAL   ASSEMBLY.  323 

^6)    Committee  of  Conference  with  Presbyterian  Church  in  the  U.  S.  on 

Colored  Work. 

[Note. — A  telegram  was  received  from  the  Presbyterian  Church  in  theU.  S.,  inform- 
ing the  Assembly  that  it  had  appointed  a  Committee  of  Conference  on  Colored  Work 
and  asking  tlie  appointment  of  a  like  Committee  by  the  Assembly  U.  S.  A.,  which  was 
done. — 1892,  p.  125.  See  Report  of  the  Special  Committee,  Minutes,  1893,  pp.  19,  20. 
The  Committee  was  continued  with  additions.  The  next  year,  this  Committee, 
through  its  Chairman,  Dr.  William  C.  Young,  presented  the  report  of  the  Committee, 
which  was  received  and  ordered  to  be  printed  in  the  Minnies,  for  information,  and 
the  Committee  was  discharged,  see  Minutes,  1894,  pp.  129-131.] 

(7)  Cooperation  in  Foreign  Mimons  with  Presbyterian  Church 

in  the  U.  S. 

a.  Overture,  an  official  communication  from  the  Presbyterian  Church 
in  the  U.  S. ,  with  reference  to  codperatiou  in  Foreign  Missions. 

Recommended,  That  the  General  Assembly  approve  of  the  project  of 
securing  some  plan  of  cooperation  with  the  Presbyterian  Church  in  the 
United  States  in  Foreign  Mission  work,  and  refer  this  communication  to 
the  Board  of  Foreign  Missions  for  action.     Adopted. — 1892,  p.  178. 

b.  The  Standing  Committee  on  Foreign  Mission.?  presented  the  follow- 
ing supplementary  report,  which  was  adopted : 

The  Standing  Committee  on  Foreign  Missions  respectfully  report: 

1.  The  General  Assembly  has  learned  with  pleasure  that  during  the 
past  year  conference  and  correspondence  have  been  had  by  the  Boai'd  of 
Foreign  Missions  with  the  Committee  on  Foreign  Mi.ssions  of  the  Presbyte- 
rian Church  in  the  United  States,  touching  cooperation  in  Foreign  Mission 
fields.  On  the  invitation  of  the  Executive  Council  of  our  Board,  the 
Rev.  M.  H.  Houston,  D.D. ,  Secretary  of  the  Committee  on  Foreign 
Missions,  visited  New  York  last  March  for  a  conference  on  this  subject. 
Subsequently,  underrate  of  April  12,  1892,  Dr.  Houston  forwarded  to 
our  Board  a  minute  from  the  Committee  on  Foreign  Missions  suggest- 
ing that  the  General  Assemblies  of  the  two  Churches  be  requested  to 
authorize  further  conference  on  the  subject  with  a  view  to  framing  some 
recommendations  to  be  submitted  to  the  respective  Assemblies. 

In  response  to  this  minute,  our  Board  took  the  following  action: 
"  The  Board  of  Foreign  Missions  acknowledges  with  devout  gratitude  to 
God  the  receipt  of  the  above  minute  from  the  Committee  on  Foreign 
Missions  of  the  Presbyterian  Church  in  the  United  States,  and  welcomes 
it  as  an  important  step  in  the  direction  of  our  practical  cooperation  in 
the  foreign  field.  The  Board  cordially  acquiesces  in  the  suggestion  of 
the  Committee  that  steps  should  be  taken  without  delay  to  bring  about 
this  much  desired  result.  It  is  therefore  ordered  that  the  General 
Assembly  be  requested  to  authorize  the  Board  to  confer  with  the  Com- 
mittee of  the  Southern  General  Assembly  on  the  whole  question  of  prac- 
tical cooperation  on  the  foreign  field,  it  being  under.stood  that  the  Board 
shall  have  no  power  in  the  premises  except  to  consult  and  to  frame 
recommendations  which  shall  be  submitted  to  the  General  Assembly." 

The  General  Assembly  most  cordially  approves  this  action  of  the 
Board,  and  hereby  authorizes  it  to  confer  with  the  Committee  on  Foreign 
Missions  of  the  Presbyterian  Church  in  the  United  States  on  the  subject 
named,  and  to  submit  a  report  of  the  conference,  together  with  any 
recommendations  which  may  be  agreed  upon,  to  the  next  General 
Assembly.— 1892,  pp.  196,  197. 

The  Assembly  hereby  approves  of  the  action  taken  by  the  Joint  Con- 
ference of  our  Board,  and  the  Executive  Committee  on  Foreign  Missions 


324  FORM  OF  GOVERNMENT,  CHAP.  XII. 

of  the  Presbyterian  Church  in  tlie  United  States,  touching  cooperation 
on  the  Foreign  Mission  fields. — 1893,  p.  82. 

{8)    Overtures  for  organic  union  with  Presbyterian  Church  in  U.  S. 

a.  The  Committee  on  Bills  and  Overtures  also  reported  on  the  over- 
tures on  Organic  Union  with  the  Presbyterian  Church  in  the  United 
States,  as  follows: 

Overtures  from  the  Presbyteries  of  Allegheny,  Benicia,  Chester, 
Dubuque,  Holston,  Huntingdon,  Kingston,  Osborne,  Ozark  and  Utica, 
asking  this  Assembly  to  appoint  a  Special  Committee  of  Conference  to 
confer  with  a  similar  Committee,  if  one  should  be  appointed,  by  the  Gen- 
eral Assembly  of  the  Presbyterian  Church  in  the  United  States,  to  take 
into  consideration  the  whole  question  of  organic  union  of  the  two  bodies 
aforesaid,  upon  the  basis  of  our  common  Standards,  and  to  report  to  the 
next  Assembly. 

The  Committee  recommend  that  the  following  action  be  taken  by  this 
Assembly : 

Whereas,  We  have  heard  with  great  joy  that  the  General  Assembly  of 
the  Presbyterian  Church  in  the  United  States,  now  in  session  in  Nash- 
ville, Tenn.,  has  before  it  overtures  from  its  own  Presbyteries  asking  for 
the  appointment  of  a  Special  Committee  to  confer  upon  the  subject  of 
organic  union  with  a  similar  Committee  of  this  Assembly,  if  one  should 
be  appointed;  therefore, 

Resolved,  That  a  Special  Committee  of  nine  be  appointed  l)y  the 
Moderator  to  confer  with  a  similar  Committee,  if  one  should  be  ap- 
pointed, by  the  General  Assembly  of  the  Presbyterian  Church  in  the 
United  States,  to  take  into  consideration  the  whole  question  (^f  the 
organic  union  of  the  two  bodies  upon  the  basis  of*  our  common  Stand- 
ards, and  to  report  to  the  next  Assembly ;  and  that  the  Moderator  and 
Stated  Clerk  be  authorized  to  communicate  this  action  by  telegraph  to 
the  General  Assembly  now  in  session  at  Nashville,  Tenn. 

The  recommendation  was  adopted. — 1894,  pp.  31,  32. 

b.  In  answer  to  the  above,  the  following  telegram  from  the  General 
Assembly  of  the  Presbyterian  Church  in  the  United  States,  in  session  at 
Nashville,  Tenn.,  was  received,  read  and  ordered  placed  on  record. 

Nashville,  Tenn.,  May  23,  1894. 
To  the  General  Assembly  in  Session  at  Saratoga : 

The  blessing  of  God  having  rested  upon  our  Church  in  her  sepai'ate 
existence  and  work,  the  General  x\ssembly  of  the  Presbyterian  Church  in 
the  United  States,  in  session  at  Nashville,  Avith  affectionate  fraternal 
greetings  to  the  General  Assembly  of  the  Presbyterian  Church  in  the 
United  States  of  America,  in  session  at  Saratoga,  and  wishing  it  God- 
speed in  every  good  word  and  work,  regard  it  as  unwise  to  reopen  the 
question  of  organic  union. 

James  R.  Graham,  Moderator. 
Joseph  R.  Wilson,  Stated  Clerk. 
—1894,  p.  92. 

Actio7i  of  the  Assembly  on  the  above  communication. 

C.  In  the  matter  of  the  Special  Committee  of  Conference  with  the 
General  Assembly  of  the  Presbyterian  Church  in  the  United  States 
with  a  view  to  organic  union,  it  was 


OF    THE    GENERAL   ASSEMBLY.  325 

Resolved,  That  while  this  Assembly  accepts  the  action  of  the  General 
Assembly  of  the  Presbyterian  Church  in  the  United  States,  of  which  it 
has  been  notified,  as  sufficiently  indicating  the  wisdom  of  suspending  for 
the  present  everything  like  overtures  looking  to  a  union  with  that  body, 
it  desires  to  put  on  record  its  expression  of  regret  for  such  suspension. — 
1894,  p.  140. 

This  Assembly  reiterates  its  hearty  readiness  to  take  active  steps  toward 
such  a  union,  as  soon  as  the  Lord  in  His  providence  shall  open  the  way. 
—1897,  p.  83. 

XIV.    RELATIONS  TO  NON-ECCLESIASTICAL  BODIES. 
(i)   The  Assembly  will  not  petition  partisan  conventions. 

A  request  from  the  Presbytery  of  Wooster,  asking  the  Assembly  to 
petition  the  various  party  conventions,  to  place  in  their  platform  a  full, 
clear  recognition  of  the  two  great  truths,  viz. ,  that  our  Lord  Jesus  Christ 
is  the  Sovereign  Ruler  of  our  nation,  and  that  His  moral  law  is  the  rule 
of  our  conduct  in  all  civil  and  political  affairs,  and  to  declare  for — 1. 
The  American  Sabbath;  2.  A  LTniform  Christian  Marriage  Law;  3.  The 
Right  of  the  Bible  in  the  Public  Schools;  and,  4.  Against  the  Ameri- 
can Saloon. 

The  C'Ommittee  recommend  the  answer,  that  while  the  Assembly 
believes  that  all  its  officers  and  members  are  in  the  fullest  sympathy  with 
these  ends,  it  does  not  see  its  way  clear  to  be  a  petitioner  to  partisan  con- 
ventions.    Adopted. — 1891,  p.  135. 

(^3)    The  Assembly  receives  and  appoinU  delegates  only  in  case  of 
ecclesiastical  bodies. 

a.  Certain  papers  purporting  to  be  the  credentials  of  friendly  visitors 
from  the  Woman's  National  Christian  Temperance  Union  were  pre- 
sented to  the  Assembly  by  the  Stated  Clerk,  and  the  following  resolution 
in  reference  to  them  was  adopted: 

Besohed,  That  it  is  the  judgment  of  this  Assembly  that  friendly  dele- 
gates or  visitors  should  be  received  only  from  corresponding  ecclesiastical 
bodies:  but  that  the  Assembly  nevertheless  expresses  its  deep  sympathy 
with  the  work  in  which  the  Woman's  National  Christian  Temperance 
Union  is  engaged. — 1880,  pp.  42,  43. 

b.  Overture. — A  paper  referred  to  this  Committee  by  the  Assembly. 
It  is  a  printed  document,  not  addressed  specially  to  the  Assembly,  but  to 
all  associations  of  ministers  and  churches,  all  General  Assemblies  and 
Synods,  all  General  and  Annual  Conferences,  all  Woman's  National  and 
State  Unions,  Grand  Divisions  of  the  Sons  of  Temperance,  Grand 
Lodges  of  Good  Templars,  asking  that  delegates  be  appointed  by  these 
bodies  to  attend  a  National  Temjierance  Convention,  to  be  held  at  Sara- 
toga Springs,  June  21,  1881. 

We  recommend  the  following  answer: 

Whilst  this  General  Assembly  feels  a  deep  interest  in  the  subject  of 
temperance,  it  is  not  our  custom  to  appoint  delegates  except  to  ecclesias- 
tical bodies.     Adopted. — 1881,  p.  551. 

C.  An  invitation  from  the  National  Temperance  Society  and  Publica- 
tion House,  inviting  the  Assembly  to  send  delegates  to  the  National 
Temperance  Convention,  to  be  held  at  Saratoga  Springs,  N.  Y. ,  July  15, 
1891. 


326  FORM  OF  GOVERNMENT,  CHAP.  XII. 

To  this  invitation  we  recommend  the  reply  that  while  in  full  sympathy- 
with  every  movement  for  the  promotion  of  Temperance,  it  is  not  the 
habit  of  the  Assembly  to  send  delegates  to  any  but  ecclesiastical  bodies. 
Adopted.  — 1891,  p.  135;  1893,  p.  86. 

XV.    POWERS  IN  DEFINING  AND  DETERMINING  WHICH  ARE  TRUE 
AND   LAWFUL  .JUDICATORIES. 

Synods  and  Presbyteries  in  Kentucky  and  Missouri. 

The  Committee  to  whom  were  referred  sundry  papers  relating  to  the 
divisions  of  the  Synods  of  Kentucky  and  Missouri,  and  of  the  Presby- 
teries under  their  care,  which  has  resulted  in  two  sets  of  commissioners 
claiming  seats  in  this  General  Assembly  from  several  of  these  Presby- 
teries, and  also  sundry  papers  concerning  the  signers  of  a  paper  entitled 
a  "  Declaration  and  Testimony,"  etc.,  together  with  the  citation  of  the 
said  signers,  who  were  summoned  by  the  last  General  Assembly  to  appear 
before  this  present  Assembly,  beg  leave  to  report: 

That  they  have  had  the  mattei'S  committed  to  them  under  considera- 
tion, and  have  had  full  personal  conference  with  the  several  claimants 
for  seats,  and  recommend  to  the  General  As.sembly  for  adoption  the 
following  propositions: 

I.  The  ecclesiastical  judicatories  hereinafter  named  are  the  true  and 
lawful  judicatories  in  connection  with  and  under  the  care  and  authority 
of  the  General  Assembly  of  the  Presbyterian  Church  in  the  United 
States  of  America,  namely: 

The  Synod  of  Kentucky  which  met  at  Henderson,  Ky. ,  in  October, 
1866,  and  adjourned  to  meet,  and  did  meet,  in  Lexington,  Ky.,  in 
November,  1866,  of  which  Synod  the  Rev.  J.  T.  Lapsley  is  now  the 
Moderator  and  the  Rev.  S.  S.  McRoberts  is  the  Stated  Clerk,  this  Synod 
having  under  its  care  and  authority,  and  within  its  ecclesiastical  bounda- 
ries, the  following  Presbyteries,  viz.,  the  Presbytery  of  Louisville,  of 
which  the  Rev.  J.  P.  McMillan  is  now  the  Moderator  and  the  Rev.  R. 
Valentine  is  the  Stated  Clerk;  the  Presbytery  of  Ebenezer,  of  which  the 
Rev.  J.  F.  Hendy  is  now  the  Moderator  and  the  Rev.  R.  F.  Caldwell  is 
the  Stated  Clerk;  the  Presbytery  of  West  Lexington,  of  which  the  Rev. 
Stephen  Yerkes,  D.D.,  is  now  the  Moderator  and  the  Rev.  J.  K.  Lyle 
is  the  Stated  Clerk;  the  Presbytery  of  Transylvania,  of  which  the  Rev. 
G.  J.  Read  is  now  the  Moderator  and  the  Rev.  S.  S.  McRoberts  is  the 
Stated  Clerk ;  the  Presbytery  of  Muhlenburg,  of  which  the  Rev.  A.  D. 
Metcalf  is  now  the  Moderator  and  the  Rev.  S.  Y.  Garrison  is  the  Stated 
Clerk;  and  the  Presbytery  of  Paducah,  of  which  the  Rev.  J.  P.  Riddle 
is  now  the  Moderator  and  the  Rev.  James  Hawthorn  is  the  Stated  Clerk; 
and  these  several  Presbyteries  having  in  their  connection  and  under  their 
care  and  authority  and  within  their  ecclesiastical  boundaries  respectively 
the  ministers,  churches,  licentiates  and  candidates  belonging  to,  and 
claiming  to  belong  to,  the  Presbyterian  Church  in  the  United  States  of 
America.  The  foregoing  described  judicatories,  namely,  the  Synod, 
Presbyteries  and  church  Sessions  within  their  respective  jurisdictions,  are 
to  be  respected  and  obeyed  as  the  true  and  only  lawful  judicatories 
po.ssessing  the  names  above  recited  within  the  State  of  Kentucky,  which 
are  in  connection  with  and  under  the  care  and  authority  of  the  General 
Assembly  of  the  Presbyterian  Church  in  the  United  States  of  America; 
and  the  connnissioners  sent  to  and  enrolled  in  this  General  Assembly 
from  the  above-described  Presbyteries  are  true  and  lawful  commissioners. 


OF   THE    GENERAL   ASSEMBLY.  327 

The  Synod  of  Missouri,  Avhich  met  at  Boouville,  Mo.,  October  10^ 
1866,  of  which  Synod  the  Rev.  J.  P.  Finley  was  elected  Moderator  and 
the  Rev.  J.  A.  Paige  was  elected  the  Stated  Clerk,  and  which  adjourned 
to  meet  in  Kansas  City  on  the  second  Wednesday  in  October,  1867,  this 
Synod  having  under  its  care  and  authority,  and  within  its  ecclesiastical 
boundaries,  the  following  Presbyteries,  viz. ,  the  Presbytery  of  St.  Louis, 
of  which  the  Rev.  J.  F.  Fenton  is  now  the  Moderator  and  the  Rev.  H. 

C.  McCook  is  the  Stated  Clerk;  the  Presbytery  of  Palmyra,  of  which 
the  Rev.  A.  Steed  is  now  the  Moderator  and  tiie  Rev.  J.  P.  Finley  is 
the  Stated  Clerk;  the  Presbytery  of  Potosi,  of  which  the  Rev.  G.  W. 
Harland  is  now  the  Moderator  and  the  Rev.  A.  Muusen  is  the  Stated 
Clerk;  the  Presbytery  of  Lafayette,  of  which  the  Rev.  Charles  Sturde- 
vant  is  now  the  Moderator  and  the  Rev.  George  Fraser  is  the  Stated 
Clerk;  the  Presbytery  of  S(nithwest  Missouri,  of  which  the  Rev.  Wil- 
liam R.  Fulton  is  now  the  Moderator  and  the  Rev.  James  A.  Paige  is 
the  Stated  Clerk;  and  the  Presbytery  of  Upper  Missouri,  of  which  the 
Rev.  Mr.  Pinkerton  is  now  the  Moderator  and  the  Rev.  W.  C.  McPhee- 
ters  is  the  Stated  Clerk ;  and  these  several  Presbyteries  having  in  their 
connection  and  under  their  care  and  authority  and  within  their  ecclesias- 
tical boundaries  respectively  the  ministers,  churches,  licentiates  and 
candidates  belonging  to,  and  claiming  to  belong  to,  the  Presbyterian 
Church  in  the  United  States  of  America.  The  above-described  judica- 
tories, namely,  the  Synod,  Presbyteries  and  church  Sessions  within  their 
respective  jurisdictions,  are  to  be  respected  and  obeyed  as  the  true  and 
only  lawful  judicatories  possessing  the  names  above  recited  within  the 
State  of  Missouri,  which  are  in  connection  with  and  under  the  care  and 
authority  of  the  General  Assembly  of  the  Presbyterian  Church  in  the 
United  States  of  America;  and  the  commissioners  sent  to  and  enrolled 
in  this  General  Assembly  fi-om  the  above-described  Presbyteries  are  true 
and  lawful  commissioners. — 1867,  p.  385,  O.  S.  The  remainder  of  the 
deliverance  is  omitted,  in  conformity  with  the  action  of  the  Assembly  of 
1873. 

CASE  OP  THE  WALNUT  STREET  CHURCH,  LOUISVILLE,  KY.  THE 
ASSEMBLY  PASSES  UPON  THE  VALIDITY  OF  THE  ELECTION  OP 
RULING  ELDERS. 

a.  The  Committee  on  Bills  and  Overtures,  to  whom  were  referred  the 
petition  and  memorial  of  Benjamin  F.  Avery,  D.  McNaughton,  James 
A.  Leech  and  Thomas  J.  Hackney,  ruling  elders  in  the  Walnut  Street 
Church  in  Louisville,  praying  for  such  redress  as  in  the  wisdom  of  the 
General  Assembly  may  seem  just  and  necessary  to  redress  the  grievances 
of  said  church,  as  set  forth  in  said  memorial  and  petition,  report  that 
they  have  considered  the  matter  referred,  and  recommend  the  adoption 
of  the  following: 

Whereas,  On  the  second  day  of  January  last,  D.  McNaughton,  Benja- 
min F.  Avery  and  James  A.  Leech  were  elected  ruling  elders  by  the 
congregation  of  said  church,  and  on  the  ninth  day  of  January  the  said 

D.  McNaughton  was  installed  and  Benjamin  F.  Avery  and  James  A. 
Leech  were  duly  ordained  and  installed  ruling  elders  in  said  church  ; 
and 

Whereas,  The  Presbytery  of  Louisville,  after  the  election  of  said 
ruling  elders,  with  the  apparent  design  of  discrediting  said  election, 
denied  to  one  of  their  number  a  seat  in  said  Presbytery,  notwithstanding 


328  FORM    OF    GOVERNMENT,    CHAP.    XII. 

he  had  beeu  duly  elected  to  represent  said  church  at  a  meeting  of  said 
Presbytery;  and 

Whereas,  It  is  evident  that  the  peace  of  said  church  and  their 
congregational  rights  are  in  great  danger  unless  this  Assembly  shall  inter- 
pose its  authority; 

Therefore,  this  General  Assembly,  by  virtue  of  its  authority  and 
obligation  to  give  advice  and  instruction  in  all  cases  submitted 
to  them,  does  truly  declare  that  the  said  D.  McNaughton,  Benjamin 
F.  Avery  and  James  A.  Leech  are  to  be  recognized  and  acknowl- 
edged as  ruling  elders  in  the  said  church,  and  all  Church  courts  and 
Sessions,  subject  to  or  under  the  care  of  this  Assembly,  are  solemnly 
enjoined  to  respect  and  sustain  their  authority  as  such. 

The  report  on  this  overture  was  adopted. — 1866,  p.  54,  O.  S. 

[Note. — For  the  fall  and  final  action,  on  this  matter,  see  Digest,  1886,  pp.  247, 
248,  and  Mimites,  mm,  pp.  54,  68;  1868,  p.  6.52;  1869,  p.  942.  O.  S.,  and  1870,  p.  127,  and 
1872,  p.  52.] 

b.  This  Assembly  expresses  its  sympathy  with  the  churches  in  the 
Synod  of  Kentucky  in  the  difficulties  and  trials  into  which  they  have 
been  brought  by  their  adherence  to  the  Presbyterian  Church.  We  will 
aid  them  to  the  full  extent  of  our  ability  in  defending  and  protecting 
their  church  property.  And  we  will  encourage  the  people  of  God  every- 
Avhere  under  our  charge,  to  contribute  liberally  to  repair  the  pecuniary 
losses  which  may  be  sustained  by  their  churches  and  schools  of  learning. 

We  counsel  these  brethren  also,  on  the  one  hand,  to  yield  a  cheerful 
obedience  to  the  laws  of  the  land,  even  to  the  extent  of  taking  "  joyfully 
the  spoiling  of  their  goods. ' '  But,  on  the  other  hand,  Ave  counsel  the 
courts  of  the  Church  to  continue  to  administer  the  spiritual  government 
of  Christ's  house  which  is  in  their  hands,  always  disregarding  the  judg- 
ments of  the  secular  tribunals  on  questions  which  belong  to  the  spiritual 
jurisdiction  alone.  It  is  the  constant  faith  of  this  Church  that  civil 
magistrates  may  not  assume  to  themselves  "  the  powers  of  the  keys  of 
the  kingdom  of  heaven,  or  in  the  least  interfere  in  matters  of  faith;" 
"  and  as  Jesus  Christ  hath  appointed  a  regular  government  and  discipline 
in  His  Church,  no  law  of  any  commonwealth  should  interfere  with,  let 
or  hinder  the  due  exercise  thereof,  among  the  voluntary  members  of  any 
denomination  of  Christians,  according  to  their  own  profession  and  belief  " 
(Confession  of  Faith,  Chap,  xxiii). 

The  report  was  unanimously  adopted. — 1868,  p.  652,  O.  S. 

C.  The  report  of  the  Committee  on  Bills  and  Overtures  was  amended 
and  adopted,  and  is  as  follows : 

The  various  Presbytei'ies  of  the  Synod  of  Kentucky  respectfully  caU 
the  attention  of  the  General  Assembly  to  the  judicial  decisions  accom- 
jmnying  this  memorial,  as  follows: 

The  first  is  a  decision  of  the  Court  of  Appeals  in  the  State  of  Ken- 
tucky, in  which  the  right  of  the  civil  courts  to  review  and  revei-se  the 
proceedings  and  decisions  of  ecclesiastical  courts  on  purely  ecclesiastical 
matters  is  directly  maintained,  and  in  pursuance  of  which  it  is  adjudged 
that  three  ruling  elders,  whose  election  and  ordination  was  ordered  by 
the  Synod  of  Kentucky  and  confirmed  by  the  General  Assembly,  were 
not  ruHng  elders  in  the  Presbyterian  Church. 

The  second  is  a  decision  of  the  same  court,  in  which  the  same  superi- 
oi'ity  of  the  civil  tribunals  over  the  ecclesiastical  is  maintained,  and  in 
pursuance  of  which  the  deliverances  of  the  General  Assembly  during 


OF   THE   GENERAL   ASSEMBLY.  329 

the  late  war  on  loyalty,  freedom,  etc.,  are  adjudged  to  be  unconstitu- 
tional, in  which  its  condemnation  of  the  Declaration  and  Testimony  is 
adjudged  to  be  erroneous,  and  its  dealings  with  the  signers  of  that  paper 
to  be  null  and  void. 

The  third  is  a  decision  of  the  Circuit  Court  of  the  United  States,  in 
which,  in  opposition  to  the  decisions  mentioned,  it  is  decided  that  the  civil 
courts  are  bound  to  respect  and  enforce  the  decisions  of  all  ecclesiastical 
courts,  particularly  the  General  Assembly,  on  all  purely  ecclesiastical 
matters  whatsoever. 

From  this  last  decision  au  appeal  has  been  taken  to  the  Supreme  Court 
of  the  United  States,  and  thus  the  rights  and  prerogatives  of  the  General 
Assembly  are  placed  in  a  posture  where  they  must  be  determined  by  that 
court  of  last  resort. 

A  case  so  directly  involving  the  rights  of  the  General  Assembly,  and 
so  essentially  determining  the  extent  to  which  we  shall  be  permitted 
to  enjoy  our  religious  liberties,  ought  not,  in  our  judgment,  to  be  left  to 
the  management  of,  nor  should  the  expense  fall  solely  upon,  a  single 
church. 

We,  therefore,  respectfully  request  the  General  Assembly  to  take  such 
action  and  to  make  such  provision  as  will  be  necessary  in  order  to  a  thor- 
ough vindication  of  its  rights  and  prerogatives  before  that  tribunal. 

As  an  answer  to  this  memorial,  the  Connnittee  on  Bills  and  Overtures 
recommends  the  adoption  of  the  following  resolutions: 

Resolved,  1.  This  General  Assembly  expresses  its  deepest  sympathy  for 
those  churches  in  the  bounds  of  the  Synod  of  Kentucky  which  have 
become  involved  in  expensive  and  harassing  litigation  while  faithfully 
complying  with  the  orders  of  the  superior  judicatories  of  the  Church, 
and  directs  the  Board  of  Domestic  Missions  and  the  Board  of  Church 
Extension  to  atlbrd  them  all  such  assistance  as  it  may  be  in  their  power  to 
give. 

Resolved,  2.  While  the  General  Assembly  fully  recognizes  its  obliga- 
tion to  be  in  subjection  to  the  powers  that  be,  yet,  so  long  as  anything 
can  legally  be  done,  it  must  not  and  will  not  remain  silent  and  inactive 
when  its  own  rights  and  liberties  and  the  rights  and  liberties  of  the  Avhole 
Church  are  put  in  peril  by  injurious  decisions  in  the  civil  courts;  it 
expresses  gratification  at  the  decision  that  has  been  rendered  by  the  Cir- 
cuit Court  of  the  United  States  in  the  case  referred  to  in  the  memorial, 
and  it  hereby  appoints  E.  P.  Humphrey,  D.  D. ,  Edgar  Needham,  and 
Gen.  John  M.  Harlan,  of  Louisville,  Ky. ,  a  Committee  to  counsel  and 
cooperate  with  the  proper  parties  in  the  appeal  which  has  been  taken  in 
this  case  to  the  Supreme  Court  of  the  United  States,  and  for  the  necessary 
expenses  of  said  case  in  the  court  from  which  and  in  the  court  to  which 
it  has  been  appealed,  said  Committee  is  authorized  to  draw  on  the  Board 
of  Publication  for  a  sum  not  exceeding  five  thousand  dollars. — 1869,  p. 
942,  O.  S. 

d.  The  report  of  the  Committee  was  adopted,  viz. : 

Your  Committee,  therefore,  ask  the  General  Assembly  to  allow  us  to 
vise  the  unexpended  balance  of  the  $5000  appropriation,  that  balance 
being  $3000,  for  the  purpose  of  amicably  adjusting  the  Walnut  Street 
case; 

Provided,  1.  That  the  sum  of  $2000  shall  be  contributed  by  our 
brethren  for  this  purpose ;  and 

2.   That  all  the  cases  pending  in  any  of  the  courts,  involving  the  title 


330  FORM  OF  GOVERNMENT,  CHAP.  XII. 

to  houses  of  worship  or  parsonages  in  Kentucky,  shall  be  also  amicably 
adjusted  and  settled.  Such  an  adjustment  would,  we  trust,  exert  a  most 
salutary  influence  upon  the  cause  of  Christ  and  the  welfare  of  the  Presby- 
terian Church. — 1870,  p.  127. 

e.  The  Supreme  Court  at  Washington  has,  in  a  judgment  lately  ren- 
dered, upheld  all  the  rights  of  property  asserted  by  tlie  Walnut  Street 
Church;  and,  what  is  of  far  more  importance,  that  high  court  has  fully 
sustained  the  doctrine  for  which  the  General  Assembly  has  contended.  In 
an  elaborate  written  opinion  the  judges  have  held,  for  substance,  that  the 
courts  of  law  must  accept  as  final  and  conclusive  the  decisions  of  the 
General  Assembly  on  questions  purely  ecclesiastical,  and  must  give  full 
effect  to  these  decisions  in  settling  the  property  rights  of  parties  litigant. 

The  General  Assembly  will  not  be  slow  to  appreciate  the  value  of  this 
opinion,  in  the  protection  which  it  affords  to  the  liberties  of  a  free  Church, 
and  to  the  funds  which  may  be  entrusted  to  the  Assembly  and  to  its 
congregations  for  pious  uses. 

For  this  reason  the  Assembly  is  respectfully  overtured  to  publish  the 
opinion  of  the  court  at  length,  in  the  Appendix  to  its  Minutes,  and  ta 
order  a  faithful  abstract  thereof  to  be  prepared  and  inserted  in  the  forth- 
coming Digest. 

The  Board  of  Publication  have  promptly  honored  the  drafts  of  the 
Committee  to  the  full  amount  appropriated  by  the  Assembly  of  1869. 
A  large  part  of  this  money  has  been  expended  in  the  payment  of  ex- 
penses incident  to  the  litigation,  leaving  a  moderate  compensation  for 
the  labors  of  our  legal  counsel. 

The  Assembly  are  respectfully  asked  to  accept  this  as  our  final  report 
and  to  discharge  the  Committee. — 1872,  p.  52. 

XVI.    THE  ASSEMBLY  MAY  PROPOSE  RULES  REfHTLATIVE  OF  THE  CON- 
STITUTIONAL POWERS  OF  PRESBYTERIES  AND  SYNODS. 

VI.  Before  any  overtures  or  enactments  proposed  by  the  Assembly 
to  be  established  as  rules  regulative  of  the  constitutional  powers  of  Pres- 
byteries and  Synods  shall  be  obligatory  upon  the  Chiu'ch,  it  shall  be 
necessary  to  transmit  them  to  all  the  Presbyteries,  and  to  receive  the 
returns  of  at  least  a  majority  of  them,  in  writing,  approving  thereof, 
and  such  rules,  when  approved,  shall  be  appended  to  the  Constitution 
of  the  Church.— 1892,  p.  172. 

[Note. — Prior  to  1892,  Sec.  vi  reart  as  follows : 

VI.  Before  any  overtures  or  regulations  proposed  by  the  Assembly  to  be  estab- 
lished as  constitutional  rules  shall  he  obligatory  on  the  churches,  it  shall  be  necessary 
to  transmit  them  to  all  the  Presbyteries,  and  to  receive  the  returns  of  at  least  a 
majority  of  them,  in  writing,  approving  thereof. 

For  decisions  and  deliverances  under  this  section  now  stricken  out,  see  Digest,  1886, 
pp.  325-329,  542,  543. 

See  also  Form  of  Government,  Chap,  xxiii.  Of  Amendments.] 

I.    LOCAL  EVANGELISTS. 

Constitutional  Rule  No.  1.  — It  shall  be  lawful  for  Presbytery,  after 
proper  examination  as  to  his  piety,  knowledge  of  the  Scriptures  and 
ability  to  teach,  to  license  as  a  local  evangelist  any  male  member  of 
the  Church,  who,  in  the  judgment  of  Presbytery,  is  qualified  to  teach 
the  Gospel  publicly,  and  who  is  willing  to  engage  in  such  service  under 
the  direction  of  Presbytery.     Such  license  shall  be  valid  for  one  year 


OF   THE   GENERAL   ASSEMBLY.  331 

unless  renewed,  and  such  licensed  local  evangelist  shall  report  to  the 
Presbytery  at  least  once  each  year,  and  his  license  may  be  withdrawn 
at  any  time  at  the  pleasure  of  Presbytery.  The  person  securing  such 
license  shall  not  be  ordained  to  the  Gospel  ministry,  should  he  desire 
to  enter  it,  until  he  shall  have  served  at  least  four  years  as  a  local 
evangelist,  and  shall  have  pursued  and  been  examined  upon  what 
would  be  equivalent  to  a  three  years'  course  of  study  in  Theology, 
Homiletics,  Church  History,  Church  Polity  and  the  English  Bible, 
under  the  direction  of  Presbytery. 

The  Assembly  also  directs  that  the  said  constitutional  rule  be  appended 
to  the  Constitution  of  the  Church,  and  instructs  the  Stated  Clerk  of  the 
General  Assembly  to  carry  this  direction  into  effect.  Adopted. — 1893, 
p.  200. 

Form  for  licensing  local  evangelists. 

[Note. — See  under  Form  of  Government,  Chap,  xiv,  Sec.  vii.] 
II.    EXAMINATION  FOR  LICENSURE. 

Constitutional  Rule  No.  2. — Candidates  for  licensure,  in  addition  to 
the  examination  required  by  Chap,  xiv.  Sec.  4,  of  the  Form  of  Govern- 
ment, shall  be  diligently  examined  in  the  English  Bible,  and  shall  be  re- 
quired to  exhibit  a  good  knowledge  of  its  contents  and  of  the  relation  of 
its  separate  parts  and  portions  to  each  other. — 1897,  p.  119. 

VII.  The  General  Assembly  shall  meet  at  least  once  in  every  year. 
On  the  day  appointed  for  that  purpose,  the  Moderator  of  the  last  Assem- 
bly, if  present,  or,  in  case  of  his  absence,  some  other  minister,  shall 
open  the  meeting  with  a  sermon,  and  preside  until  a  new  Moderator  be 
chosen.  No  commissioner  shall  have  a  right  to  deliberate  or  vote  in  the 
Assembly  until  his  name  shall  have  been  enrolled  by  the  Clerk,  and  his 
commission  examined  and  filed  among  the  papers  of  the  Assembly. 

1.  Adjourned  meetings  of  the  Assembly. 

In  1846,  the  Assembly,  N.  S. ,  then  meeting  triennially,  was  adjourned 
by  the  Moderator,  in  accordance  with  a  previous  vote,  to  meet  in  the 
city  of  Cincinnati,  O.,  on  the  third  Thursday  of  May,  1847.  On  the 
constitutionality  of  such  adjournment  the  opinion  of  Chancellor  Kent, 
of  New  York,  was  sought,  and  given  as  follows: 

The  question  is,  Had  the  General  Assembly,  under  the  Constitution  of 
the  Presbyterian  Church,  a  lawful  or  rightful  power  to  so  adjourn  ? 

Answer. — In  my  opinion,  the  power  of  adjournment  rests  in  the  sound 
discretion  of  the  General  Assembly.  I  consider  the  power  to  be  neces- 
sarily incident  to  every  deliberative  assembly,  unless  specially  prohibited 
by  its  charter  or  Constitution.  It  appertains,  of  course,  to  all  legislative 
assemblies,  and  is  occasionally  exercised.  This  is  the  case  with  the  Eng- 
lish Parliament,  and  with  the  legislative  assemblies  in  the  United  States. 

The  Constitution  of  the  United  States  says  that  Congress  shall  assem- 
ble at  least  once  in  eveiy  year,  and  on  the  fii-st  Monday  in  December. 
The  only  inhibition  in  the  Constitution  is  that  neither  House  shall 
adjourn  without  the  consent  of  the  other  for  more  than  three  days,  nor 
to  any  other  place.  The  Constitution  is  silent  as  to  any  other  adjourn- 
ment, and  yet  no  question  has  ever  been  raised  as  to  the  power  of 


332  FORM    OF   GOVERNMENT,    CHAP.    XII. 

Congress  or  both  Houses  concurrently  to  adjourn  the  session  to  a  future 
time. 

So  in  the  Constitution  of  New  York,  the  legislative  term  begins  on  the 
first  of  January,  and  the  Legislature  are  to  assemble  eveiy  year  on  the 
first  Monday  in  January,  and  neither  House  without  the  consent  of  the 
other  can  adjourn  for  more  than  two  days.  No  doubt  is  raised  as  to  the 
competency  of  the  two  Houses  jointly  to  adjourn,  in  their  discretion,  to 
any  future  or  distant  day.  And  though  the  Legislature  are  to  meet  as 
prescribed,  and  are,  as  to  the  Assembly,  elected  annually,  it  is  now  in 
contemplation  at  the  present  session  to  adjourn  over  to  the  month  of 
September. 

The  Constitution  of  the  Presli}i:erian  Church  leaves  silently  the  same 
power  of  adjournment,  precisely  on  the  same  footing  of  discretion.  Thus 
the  General  Assembly  are  to  meet  at  least  triennial ly  or  once  in  every 
third  year.  And  the  last  Moderator,  with  the  concurrence  of  the  Stated 
and  Permanent  Clerks,  may  call  a  pro  re  nata  meeting  of  the  General 
Assembly,  in  case  of  any  emergency,  on  four  months'  notice.*  And 
the  Assembly  is  to  be  considered  as  the  same  with  the  previous  one. 

The  adjournment  preserves  the  identity  of  the  Assembly.  I  have  no 
doubt  that  upon  a  sound  construction  of  the  Constitution  the  General 
Assembly  has  the  same  analogous  power  as  all  other  political  legislative 
bodies  to  which  I  have  alluded.  If  any  greater  restriction  had  been 
intended,  it  would  have  been  expressed.  The  language  quoted  implies 
as  of  course  the  power  of  adjournment.  It  is  a  wise  and  necessary 
power  to  guard  against  calamities,  and  overruling  necessities,  such  as  a 
desolating  sickness,  or  conflagration,  or  insurrection,  etc.  It  may  be 
safely  confided  to  such  a  representation,  if  anything  may. 

Even  in  ordinary  civil  corporations,  where  powers  are  granted  very 
guardedly  and  construed  strictly,  it  is  adjudged  that  a  corporation  may 
transact  any  business  at  an  adjourned  meeting  which  they  might  have 
transacted  at  an  original  meeting  (11  Vt.  Reports,  385). 

For  these  reasons  briefly  I  conclude  that  the  power  of  adjournment  by 
the  General  Assembly  the  last  year  to  Cincinnati  was  constitutional. 

James  Kent. 

New  York,  April  19,  18^7.  —1847,  p.  147,  N.  S. 

2.  The  adjourned  meeting  of  1869. 

The  two  Assemblies  of  1869,  meeting  in  New  York,  mutually  agreed: 

a.  That  the  said  General  Assemblies  now  sitting  shall,  after  finishing 
their  business,  adjourn,  to  meet  in  the  city  of  Pittsburgh,  Pa.,  on  the 
second  Wednesday  of  November,  1869,  at  11  o'clock  A.M.— O.  S.,  p. 
915;  N.  S.,  p.  277. 

b.  It  was  ordered  that  when  the  Assembly  adjourns  this  afternoon  it 
be  to  meet  in  the  First  Church  of  Pittsburgh,  on  Wednesday,  the  10th 
day  of  November  next,  at  11  o'clock  A.M.— 1869,  p.  949,  0.  S. 

In  accordance  with  previous  action,  the  Assembly,  with  prayer  and 
the  apostolic  benediction  by  the  Moderator,  adjourned  to  meet  at  the 
Third  Presbyterian  Church,  in  the  city  of  Pittsburgh,  Pa.,  on  the  second 
Wednesday  of  November,  A.D.  1869,  at  11  o'clock  A.M.— 1869,  p. 
304,  N.  S. 

*It  was  so  provided  in  the  plan  under  which  triennial  Assemblies  were  held.— 1839, 

'  p.  27,  N.  S. 


OF    THE    GENERAL    ASSEMBLY.  333 

3.  Who  may  sit  as  commissioners  in  an  adjourned  Assembly. 

a.  The  Coniniittee  (Hon.  Daniel  Haines  and  Hon,  Joseph  Allison, 
LL.  D. )  on  Instructing  tlie  Presbyteries  concei'niug  their  representation 
at  the  adjourned  meeting  of  this  Assembly  presented  a  report,  which 
was  adopted,  and  is  as  follows: 

Whereas,  It  has  been  questioned  whether  this  Assembly  at  the  pro- 
posed adjourned  meeting  in  November  next,  at  Pittsburgh,  Pa.,  can  be 
properly  constituted  of  the  principal  or  alternate  commissioners  not  in 
attendance  on  the  sessions  of  the  body  at  this  time;  therefore, 

Resolved,  In  the  judgment  of  the  Assembly  those  commissioners  only 
who  have  presented  their  commissions,  and  whose  names  have  been 
placed  on  the  roll,  will  be  entitled  to  participate  in  the  meeting  of  the 
Assembly  in  November,  except  in  case  of  a  vacancy  occasioned  by  death, 
resignation,  refusal  or  inability  of  any  such  commissioner  to  attend,  in 
which  event  it  will  be  competent  and  proper  for  the  Presbytery  to  supply 
the  vacancy  by  a  new  election  or  appointment. — 1869,  p.  290,  N.  S. 

b.  W.  E.  Schenk,  D.D.,  Permanent  Clerk,  from  the  Committee  on 
Commissions,  reported  that  several  gentlemen  were  present  with  commis- 
sions as  alternates,  the  principals  being  absent.  On  motion  of  G.  W. 
Musgrave,  D.D.,  it  was 

Resolved,  That  all  alternates  presenting  regular  commissions  be  en- 
rolled, the  principals  being  absent,  Mr.  Henry  Day  was  requested  to 
communicate  this  action  to  the  Assembly  of  the  other  branch,  now 
sitting  in  the  Third  Presbyterian  Church  in  this  city,  which  he  did. 

The  alternates  present  were  enrolled  as  follows:  W.  A.  Scott,  D.D., 
from  the  Presbytery  of  New  York;  Rev.  Joseph  A.  Hanna,  from  the 
Presbytery  of  Oregon ;  Rev.  A.  B.  Cross,  from  the  Presbytery  of  Balti- 
more; Ruling  Elder  William  Carpenter,  from  the  Presbytery  of  Newton. 
—1869,  p.  1143,  0.  S. 

VIII.  Each  session  of  the  Assembly  shall  be  opened  and  closed  with 
prayer.  And  the  whole  business  of  the  Assembly  being  finished,  and 
the  vote  taken  for  dissolving  the  present  Assembly,  the  moderator  shall 
say  from  the  chair — "  By  virtue  of  the  authority  delegated  to  me  by  the 
Church,  let  this  General  Assembly  bfe  dissolved,  and  I  do  hereby  dissolve 
it,  and  require  another  General  Assembly,  chosen  in  the  same  manner, 
to  meet  at  on  the  day  of  A.  D.  " — after 

which  he  shall  pray  and  return  thanks,  and  pronounce,  on  those  present, 
the  apostolic  benediction. 

1.  The  place  of  meeting  determined  by  the  vote  of  the  Assembly. 

The  Committee  on  the  minute  to  be  made  concerning  the  place  of  meet- 
ing of  this  Assembly  presented  their  report,  which  was  adopted,  and  is  as 
follows: 

The  Committee  having  under  consideration  the  minute  to  be  made  con- 
cerning the  place  of  meeting  of  the  Assembly  would  report:  The  Assem- 
bly of  1879,  on  the  26th  day  of  May,  at  Saratoga,  appointed  "  Madison, 
Wis. , "  as  the  place  of  meeting  for  the  present  Assembly.  No  house  or 
place  of  meeting  in  this  city  was  named  or  designated  (see  Minutes  of 
1879,  p.  619). 

When  the  Moderator  of  the  last  Assembly  declared  that  body  dissolved, 


334  FORM    OF   GOVERNMENT,    CHAP.    XII. 

he  did  announce  that  the  present  Assembly  would  meet  in  the  First 
Presbyterian  Church  of  Madison,  Wis.  (iMinutes  of  1879,  p.  634). 
The  law  of  our  Church  requires  the  Moderator  to  dissolve  the  Assembly, 

"  and  to  require    another  ....   to  meet   at ,   on  the day 

of "    (Form  of  Government,  Chap,  xii.  Sec.  viii). 

The  Assembly,  and  not  the  Moderator,  has  the  right  and  the  power  of 
fixing  the  place  of  meeting.  The  Assembly  fixed  the  city  of  Madison, 
and  left  the  present  Assembly  to  seek  its  own  place  or  house  in  which  to 
meet.  This  Assembly  selected  this  hall,  after  it  was  so  kindly  and  gen- 
erously tendered  by  His  Excellency  the  Governor  of  this  State.  There 
can  be  no  question  but  that  the  meeting  in  this  hall  is  regular,  and  in 
conformity  with  the  order  of  the  last  Assembly,  and  of  the  law  and  Con- 
stitution of  the  Church. 

Your  Committee  ask  to  be  discharged  from  the  further  consideration 
of  the  matter  committed  to  them. — 1880,  p.  81. 

2.  Permanent  committee  on  the  place  of  meeting  of  the  next  Assembly. 

The  Moderator  and  the  Stated  and  Permanent  Clerks  were  appointed 
a  Committee  to  report  from  year  to  year  on  the  place  of  the  meeting  of 
the  next  ensuing  Assembly. — 1881,  p.  59. 

3.  Form  of  minute  of  dissolving  the  Assembly. 

After  solemn  praise  and  thanksgiving,  the  business  of  the  Assembly 
having  been  completed,  and  the  vote  taken  for  the  dissolution,  the  Mod- 
erator dissolved  the  Assembly,  saying,  ' '  By  virtue  of  the  authority  dele- 
gated to  me  by  the  Church,  let  this  General  Assembly  be  dissolved,  and 
I  do  hereby  dissolve  it,  and  require  another  General  Assembly,  chosen 
in  the  same  manner,  to  meet  at  Saratoga  Springs,  N.  Y.,  on  the  third 
Thursday  of  May,  189(3."  The  sessions  were  closed  with  singing,  prayer 
and  the  apostolic  benediction. 

THE  TRUSTEES,  THE  BOARDS,  AND  THE  SEMINARIES. 

[Note. — As  illustrating  and  explaining  the  powers  of  the  Assembly  it  has 
seemed  both  logical  and  convenient  to  put  under  Chap,  xii,  Sec.  v,  the  charter  of  the 
Trustees ;  the  legislation  concerning  the  Boards  and  the  action  of  the  Assembly 
relating  to  theological  instruction  and  the  theological  seminaries.] 

I.    THE  TRUSTEES  OF  THE  GENERAL  ASSEMBLY. 

«  1.  Charter  of  the  Trustees. 

An  Act  for  Incorporating  the  Trustees  of  the  Ministers  and  Elders  constitu- 
ting the  General  Assembly  of  the  Presbyterian  Church  in   the  United 
States  of  America. 
Whereas,  The  ministers  and  elders  forming  the  General  Assemblj'-  of  the 
Presbyterian  Church  in  the  United  States  of  America,  consisting  of  citizens  of 
the  State  of  Pennsylvania,  and  of  others  of  the  United   States  of  America 
aforesaid,  have  by  their  petition  represented  that  by  donations,  bequests  or 
otherwise,  of  charitably  disposed  persons,  they  are  possessed  of  moneys  for 
benevolent  and  pious  purposes,  and  the  said  ministers  and  elders  have  reason 
to  expect  further  contributions  for  similar  uses  ;  but  from  the  scattered  situa- 
tion of  the  said  ministers  and  elders,  and  other  causes,  the  said  ministers  and 
elders  find  it  extremely  difficult  to  manage  the  said  funds  in  the  way  best  cal- 
culated to  answer  the  intention  of  the  donors ;  Therefore, 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  Commonwealth  of  Pennsylvania  in  General  Assembly  met,  and  it  is  hereby 
enacted  by  the  authority  of  the  same  :  That  John  Rogers,  Alexander  Mc- 
Whorter,  Samuel  Stanhope  Smith,  Ashbel  Green,  William  M.  Tenant,  Patrick 
Allison,  Nathan  Irvin,  .Joseph  Clark,  Andrew  Hunter,  .Tared  Ingersoll,  Robert 
Ralston,  .Jonathan  B.  Smith,  Andrew  Bayard,  Elias  Boudinot,  John  Nelson, 


OF    THE    GENERAL    ASSEMBLY.  335 

Ebenezer  Hazard,  David  Jackson  and  Robert  Smith,  merchant,  and  their  suc- 
cessors duly  elected  and  appointed  in  manner  as  is  hereinafter  directed,  be  and 
they  are  hereby  made,  declared  and  constituted,  a  corporation  and  body  pol- 
itic and  corporate,  in  law  and  in  fact,  to  have  continuance  forever,  by  the 
uame,  stj'le  and  title  of  "Trustees  of  the  General  Assembly  of  the  Presbyte- 
rian Church  in  the  United  States  of  America  ; "  and  by  the  name,  style  and  title 
aforesaid,  shall,  forever  hereafter,  be  persons  able  and  capable  in  law  as  well  to 
take,  receive  and  hold,  all  and  all  manner  of  lands,  tenements,  rents,  annuities, 
franchises  and  other  hereditaments,  which  at  any  time  or  times  heretofore  have 
been  granted,  bargained,  sold,  enfeolfed,  released,  devised,  or  otherwise  con- 
veyed, to  the  said  ministers  and  elders  of  the  General  Assembly  of  the  Presbj^- 
terian  Church  in  the  United  States,  or  any  other  person  or  persons,  to  their 
use,  or  in  trust  for  them  :  and  tlie  same  lands,  tenements,  rents,  annuities,  lib- 
erties, franchises  and  other  hereditaments,  are  hereby  vested  and  established  in 
the  said  corporation  and  their  successors  forever,  according  to  the  original  use 
and  intent  for  wliich  such  devises,  gifts  and  grants  were  respectively  made  ;  and 
the  said  corporation  and  tlieir  successors  are  hereby  declared  to  be  seized  and 
possessed  of  such  estate  and  estates  therein,  as  in  and  by  the  respective  grants, 
bargains,  sales,  enfeoftments,  releases,  devises  and  other  conveyances  thereof, 
is  or  are  declared,  limited  and  expressed  ;  also,  that  the  said  corporation  and 
their  successors,  at  all  times  hereafter,  shall  be  capable  and  able  to  purchase, 
have,  receive,  take,  hold  and  enjoy,  in  fee  simple,  or  of  lesser  estate  or  estates, 
any  lands,  tenements,  rents,  annuities,  franchises  and  other  hereditaments,  by 
the  gift,  grant,  bargain,  sale,  alienation,  enfeoffment,  release,  confirmation  or 
devise,  of  any  person  or  persons,  bodies  politic  and  corporate,  capable  and 
able  to  make  the  same :  And  further,  That  the  said  ministers  and  elders,  under 
the  corporate  name  afor-esaid,  and  their  successors,  may  take  and  receive  any 
sum  or  sums  of  money,  and  any  portion  of  goods  and  chattels,  that  have  been 
given  to  the  said  ministers  and  elders,  or  that  hereafter  shall  be  given,  sold, 
leased  or  bequeathed  to  the  said  corporation,  b)''  any  person  or  persons,  bodies 
politic  or  corporate,  that  is  able  or  capable  to  make  a  gift,  sale,  bequest  or 
other  disposal  of  the  same  ;  such  money,  goods,  or  chattels,  to  be  laid  out  and 
disposed  of,  for  the  use  and  benefit  of  the  aforesaid  corporation,  agreeably  to 
the  intention  of  the  donors,  and  according  to  the  objects,  articles  and  condi- 
tions of  this  act. 

Sec.  2.  And  be  it  further  enacted  by  the  authority  aforesaid :  That  no  mis- 
nomer of  the  said  corporation  and  their  successors  shall  defeat  or  annul  any 
gift,  grant,  devise  or  bequest,  to  or  from  the  said  corporation,  provided  the 
intent  of  the  party  or  parties  shall  sufficiently  appear  upon  the  face  of  the  gift, 
will,  grant  or  other  writing,  whereby  any  estate  or  interest  was  intended  to 
pass  to  or  from  the  said  corporation. 

Sec.  3.  And  be  it  further  enacted  by  the  authority  aforesaid  :  That  the  said 
corporation  and  their  successors  shall  have  full  power  and  authoritj''  to  make, 
have  and  use  one  common  seal,  with  such  device  and  inscription  as  they  shall 
think  fit  and  proper  ;  and  the  same  to  break,  alter,  and  renew  at  their  pleasure. 

Sec.  4.  And  be  it  further  enacted  by  the  authority  aforesaid  :  That  the  said 
corporation  and  their  successors,  by  the  name,  style  and  title  aforesaid,  sliall 
be  able  and  capable  in  law  to  sue  and  be  sued,  plead  and  be  impleaded,  in  any 
court,  or  before  any  judge  or  justice,  in  all  and  all  manner  of  suits,  complaints, 
pleas,  matters  and  demands  of  whatsoever  nature,  kind  and  form  they  may 
be  ;  and  all  and  every  matter  and  thing  to  do,  in  as  full  and  effectual  a  manner 
as  any  other  person,  bodies  politic  or  corporate,  within  tliis  Commonwealth, 
may  or  can  do. 

Sec.  5.  And  be  it  further  enacted  by  the  authority  aforesaid  :  That  the  said 
corporation  and  their  successors  shall  be  and  hereby  are  authorized  and  em- 
powered to  make,  ordain  and  establish  by-laws  and  ordinances  and  do  every- 
tliing  incident  and  needful  for  the  support  and  due  government  of  the  said 
corporation  in  managing  the  funds  and  revenues  thereof;  Provided,  The  said 
by-laws  be  not  repugnant  to  the  Constitution  and  laws  of  the  United  States, 
to  the  Constitution  and  laws  of  this  Commonwealth,  or  to  this  act. 

Sec.  6.*  And  be  it  further  enacted  by  the  authority  aforesaid :  That  the  said 
corporation  shall  not,  at  any  time,  consist  of  more  than  eighteen  persons  ; 
whereof  the  said  General  Assembly  [at  any  annual  meeting  wherever  held, 

*  Portions  in  brackets  comprise  the  amendments  of  October  27,  1885,  authorized  by 
Court  of  Common  Pleas  (No.  4)  of  Philadelphia  County,  Sept.  Term,  1885,  No.  422. 


336  FORM    OF    GOVERNMENT,    CHAP.    XII. 

may  at  their  discretion],  change  one-third,  in  such  manner  as  to  the  said  Gen- 
eral Assembly  shall  seem  proper  [and  also  at  like  times  and  in  like  manner  fill 
any  vacancies  therein]  :  and  the  corporation  aforesaid  shall  have  power  and 
authority  to  manage  and  dispose  of  all  moneys,  goods,  chattels,  lands,  tene- 
ments and  hereditaments,  and  other  estate  whatsoever,  committed  to  their  care 
and  trust  by  the  said  General  Assembly;  but  in  cases  where  special  instruc- 
tions, for  the  management  and  disposal  thereof,  shall  be  given  by  the  said 
General  Assembly  in  writing,  under  the  hand  of  their  Clerk,  it  sliall  be  the 
duty  of  said  corporation  to  act  according  to  such  instructions  :  Provided,  The 
said  instructions  shall  not  be  repugnant  to  the  Constitution  and  laws  of  the 
United  States,  or  to  the  Constitution  and  laws  of  this  Commonwealth,  or  to  the 
provisions  and  restrictions  in  this  act  contained. 

Sec.  7.  And  be  it  furtlier  enacted  by  the  authority  aforesaid  :  That  six  mem- 
bers of  this  corporation,  whereof  the  President,  or  in  his  absence  the  Vice- 
President,  to  be  one,  shall  be  a  sufficient  number  to  transact  the  business 
thereof,  and  to  make  By-Laws,  rules  and  regulations:  Provided,  That  previous 
to  any  meeting  of  the  Board  or  corporation,  for  such  purposes,  not  appointed 
by  adjournment,  ten  days'  notice  shall  be  previously  given  thereof,  in  at  least 
one  of  the  newspapers  printed  in  the  city  of  Philadelphia  :  And  the  said  cor- 
poration shall  and  may,  as  often  as  they  shall  see  proper,  and  according  to  the 
rules  by  them  to  l)e  prescribed,  choose  out  of  their  number  a  President  and 
Vice-President,  and  shall  have  authority  to  appoint  a  Treasurer,  and  such 
other  officers  and  servants  as  shall  by  them,  the  said  corporation,  be  deemed 
necessary  ;  to  which  officers  the  said  corporation  may  assign  such  a  compensa- 
tion for  their  services,  and  such  duties  to  be  performed  by  them,  to  continue 
in  office  for  such  time,  and  to  be  succeeded  by  others,  in  such  way  and  manner 
as  the  said  corporation  shall  direct. 

Sec.  8.  And  be  it  further  enacted  by  the  authority  aforesaid  :  That  all  ques- 
tions before  the  said  corporation  shall  be  decided  by  a  plurality  of  votes, 
whereof  each  member  present  shall  have  one,  except  the  President,  or  Vice- 
President  when  acting  as  President,  who  shall  have  only  the  casting  voice  and 
vote,  in  case  of  an  equality  in  the  votes  of  the  other  members. 

Sec.  9.  And  be  it  further  enacted  by  the  authority  aforesaid  :  That  the  said 
corporation  shall  keep  regular  and  fair  entries  of  their  proceedings,  and  a  just 
account  of  their  receipts  and  disbursements,  in  a  book  or  books  to  be  provided 
for  that  purpose ;  and  their  Treasurer  shall,  once  in  every  year,  exhibit  to  the 
General  Assembly  of  the  Presbyterian  Church  in  the  United  States  of  America 
an  exact  state  of  the  accounts  of  the  corporation. 

Sec.  10.  And  be  it  further  enacted  by  the  autnority  aforesaid  :  That  the  .said 
corporation  may  take,  receive,  purchase,  possess  and  enjoy,  messuages,  houses, 
lands,  tenements,  rents,  annuities,  and  other  hereditaments,  real  and  personal 
estate  of  any  amount,  not  exceeding  *[tifty]  thousand  dollars  a  year  value, 
but  the  said  limitations  not  to  be  considered  as  including  the  annual  collec- 
tions and  voluntary  contributions  made  in  the  churches  under  the  care  of  the 
said  General  Assembly.  Cadwalader  Evans,  Jr., 

Sj)eaker  of  the  House  of  Representatives. 
Robert  Hare, 

Approved  March  28,  1799.  Speaker  of  the  Senate. 

Thomas  Mifflin, 
Governor  of  the  Commonwealth  of  Pennsylvania. 

2.  The  charter  accepted. 

The  Committee  appointed  by  the  General  Assembly  of  the  Presbyterian 
Church  to  endeavor  to  obtain  from  the  Legislature  of  the  State  of  Penn- 
sylvania an  act  of  incorporation  authorizing  certain  trustees  to  hold  the 
property  of  the  Assembly,  etc. ,  report  that  on  application  to  the  Legis- 
lature they  obtained  the  act  of  incorporation  for  which  they  were  directed 
to  apply,  a  copy  of  which  accompanies  this  report,  corresponding  exactly 
with  the  draught  which  was  last  year  submitted  to  the  Assembly,  except- 
ing only  the  sum  which  the  trustees  are  authorized  to  hold  is  somewhat 
smaller  than  was  inserted  in  that  draught. 

*  Supplement  approved  March  23,  18G4.    Pamphlet  Laws,  1865,  p.  648. 


OF   THE    GENERAL   ASSEMBLY.  337 

The  above  report,  and  act  of    incorporation   accompanying  it,  were 
read  and  approved. — 1799,  p.  173. 
[Note. — See  adjustment  at  the  Reunion,  Digest,  1886,  p.  336;  Minutes,  1870,  p.  98.] 

3.  Trustees  of  the  Presbyterian  House. 

For  the  successive  steps  which  led  to  the  appointment  of  the  Board  see 
Neiv  Digest,  Moore,  1861,  p.  404.  In  1854  a  charter  was  obtained  from 
the  Legislature  of  Pennsylvania  which  is  as  follows,  viz. : 

An  Act  to  Incorporate  the  Trustees  of  the  Presbyterian  House. 

WhercdS,  The  General  Assembly  of  the  Presbyterian  Church  in  the  United 
States  of  America  which  held  its  sessions  in  the  First  Presbyterian  Church,  on 
Washington  Square,  in  the  city  of  Philadelphia,  in  May,  Anno  Domini  one 
thousand  eight  hundred  and  fifty-four,  did  appoint  John  A.  Brown,  Samuel  H. 
Perkins,  Charles  S.  Wurts,  Matthias  W.  Baldwin  and  John  C.  Farr,  trustees 
of  the  Presbyterian  Publication  House,  and  recommended  that  the  said  Board 
obtain  an  act  of  incorporation  under  the  laws  of  this  State,  and  that  the  said 
act  should  contain  a  general  provision,  authorizing  the  said  trustees  to  hold  in 
trust  for  said  Assembly  any  property  committed  to  them  by  donations, 
bequests  or  otherwise ;  and 

Whereas,  Several  gentlemen  in  the  city  of  Philadelphia,  feeling  the  neces- 
sity of  some  suitable  place  for  the  business  of  the  societies  and  churches  con- 
nected with  the  said  Assembly,  purchased  a  property  for  that  purpose  which 
they  are  desirous  of  conveying  to  the  said  trustees ;  and 

Whereas,  The  said  trustees  will  labor  under  serious  disadvantages  as  to 
receiving  and  holding  the  title  of  said  property,  as  well  as  any  that  may  be 
committed  to  them  by  donations,  bequests  or  otherwise  in  trust  for  said  Assem- 
bly ;  therefore 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
Commonwealth  of  Pennsylvania  in  General  Assembly  met,  and  it  is  hereby 
enacted  by  the  authority  of  the  same  :  That  John  A.  Brown,  Samuel  H.  Perkins, 
Charles  S.  Wurts,  Matthias  W.  Baldwin  and  John  C.  Farr,  citizens  of  the 
United  States  and  of  this  Commonwealth,  and  their  successors,  are  hereby 
constituted  and  declared  to  be  a  body  politic  and  corporate  by  the  name  of 
"The  Trustees  of  the  Presbyterian  House,"  and  as  such  shall  have  perpetual 
succession,  and  be  able  to  sue  and  be  sued,  and  to  purchase  and  receive,  take 
and  hold,  to  them  and  their  successors  for  ever,  lands,  tenements,  and  heredi- 
taments, goods,  money  and  chattels,  and  all  kinds  of  property  and  estate, 
which  may  be  devised  or  bequeathed  or  given  to  them,  or  to  said  Assembly 
for  them,  and  the  same  to  sell,  alien,  demise  and  convey,  also  to  make  a  com- 
mon seal,  and  the  same  to  alter  and  renew  at  their  pleasure,  and  also  to  make 
such  rules,  by-laws  and  ordinances  as  may  be  needful  for  the  government  of 
said  corporation,  and  not  inconsistent  with  the  Constitution  and  laws  of  the 
United  States  and  of  this  State  :  Provided  alioays,  That  the  clear  yearly  income 
of  the  real  estate  held  by  the  said  corporation  shall  not  at  any  time  exceed  the 
sum  of  five  thousand  dollars. 

Sec.  3.  That  the  trustees  above  named  shall  hold  their  oflBce  till  the  first  day 
of  June,  Anno  Domini  one  thousand  eight  hundred  and  fifty-five,  and  until 
their  successors  are  duly  qualified  to  take  their  places,  who  shall  be  chosen  by 
the  said  Assembly  and  their  successors,  who  may  at  any  annual  meeting 
increase  the  number  of  said  trustees  to  ten,  if,  in  their  judgment,  the  interest 
of  the  churches  under  their  care  require  it. 

Sec.  3.  That  the  said  Assembly  and  their  successors  shall,  at  their  annual 
meeting  in  each  and  every  year,  wherever  held,  elect  at  least  five  trustees, 
who  shall  hold  their  office  for  one  year,  and  until  their  successors  are  elected 
and  qualified;  Provided,  That  the  said  corporators  shall  be  citizens  of  Penn- 
sylvania. 

Sec  4.  That  the  trustees  hereby  Incorporated,  and  their  successors,  shall, 
subject  to  the  direction  of  the  said  Assembly  and  their  successors,  have  full 
power  to  manage  all  funds,  property  and  effects  committed  to  their  care  by 
gift,  purchase,  bequest  or  otherwise,  and  to  execute  any  trusts  confided  to  them 
by  the  said  General  Assembly  or  their  successors,  in  such  manner  as  shall  be 
deemed  most  advantageous,  and  not  contrary  to  law  or  the  intention  of  the 
donor  or  testator. 

Sec  5.  That  the  Act  entitled  "An  Act  to  Incorporate  the  Trustees  of  the 


338  FORM    OP   GOVERNMENT,    CIIAl'.    XII. 

Constitutional  Presbyterian  Publication  House,"  approved  tbc  thirteenth  day 
of  April,  Anno  Domini  one  thousand  eight  hundred  and  fifty -five,  be  and  the 
same  is  hereby  repealed. 

Henry  K.  Strong, 

Speaker  of  the  House  of  Representatives. 

Wm  M.  Hiester, 

Speaker  of  the  Senate. 

[Note. — This  charter  was  accepted,  1855,  p.  26,  N.  S.  See  also  Digest,  188(5,  p.  457. 
The  trustees  were  directed  to  act  as  trustees  for  "The  Presbyterian  Publication  Com- 
mittee," 1857,  p.  410,  N.  S.  Digest,  1886,  p.  458,  "The  Presbyterian  House"  was 
declared  to  be  held  in  trust  for  the  "Presbyterian  Publication  Committee." — 1863, 
p.  274,  N.  S. ,  1864,  p.  539,  N.  S. ;  1871,  p.  67l'.] 

4.  Consolidation  and  merger  of  the  trustees  of  the  General  Assembly 
and  of  the  Presbyterian  House. 

The  trustees  of  the  Presbyterian  House,  as  authorized  and  directed  by 
the  General  Assembly,  concurrently  with  the  trustees  of  the  General 
Assembly,  made  apphcation  in  September,  1885,  to  the  Court  of  Com- 
mon Pleas  No.  4,  of  Philadelphia  county,  Pennsylvania,  for  the  consoli- 
dation and  merger  of  the  two  corporations.  The  application  was  success- 
ful, and  the  necessary  transfers  and  assignments  having  been  made,  the 
union  of  the  two  corporations,  under  the  corporate  title  of  "  The  Trus- 
tees of  the  General  Assembly  of  the  Presbyterian  Church  in  the  United 
States  of  America,"  was  completed.  The  corporate  powers  of  "  The 
Trustees  of  the  Presbyterian  House, ' '  with  their  officers,  were,  by  the 
terms  of  the  consolidation  and  merger,  continued  as  far  as  necessary  to 
enable  them  to  receive  and  take  any  bequests,  devises  and  gifts  made  to 
them. 

5.    Business  regulations. 

Resolved,  That  the  management  and  disposal  of  all  moneys,  goods, 
chattels,  lauds,  tenements,  hereditaments,  and  all  other  estate  whatever, 
committed  to  their  care  and  trust  by  the  General  Assembly,  is  invested 
in  the  said  trustees  ;  unless  where  special  instructions  for  the  management 
and  disposal  thereof  shall  be  given  by  the  General  Assembly  in  writing 
under  the  hand  of  their  Clerk ;  in  which  case,  the  corporation  is  to  act 
according  to  said  instructions.  That  an  exact  state  of  the  accounts  of 
the  trustees  is  to  be  exhibited  by  their  treasurer  to  the  General  Assembly, 
once  in  every  year ;  whereupon  it  is  recommended : 

1.  That  this  state  of  the  accounts  be  laid  before  the  General  Assembly 
as  early  in  their  sessions  as  possible,  in  order  that  the  General  Assembly 
may  know  what  appropriations  it  may  be  in  their  power  to  make,  or  what 
instructions  to  give  to  their  trustees,  respecting  the  moneys  in  hand. 

2.  That  when  any  appropriations  are  made  by  the  General  Assembly, 
a  copy  of  their  minute  for  that  purpose,  signed  by  the  Clerk,  shall  be 
transmitted  to  the  trustees,  and  shall  be  their  warrant  for  the  payment 
of  all  moneys  thus  appropriated. 

3.  That  when  any  measures  are  taken,  or  any  resolutions  adopted  by 
the  General  Assembly,  or  the  Board  of  Trustees,  which  it  concerns  the 
other  to  be  acquainted  with,  due  information  of  the  same  shall  be  given, 
as  soon  as  jwssible,  to  the  other. — 1801,  p.  232. 

6.    Manner  of  election  of  trustees. 
1.   When  this  subject  is  called  up  annually,  a  vote  shall  first  be  taken 
whether  for  the  current  year  the  Assembly  will   or  will   not  make  any 
■election  of  members  in  the  Board  of  Trustees. 


OF    THE    GENERAL    ASSEMBLY.  8o9 

2.  If  an  election  be  determined  on,  tlie  day  on  wliich  it  shall  take 
place  shall  be  specified,  and  shall  not  be  within  less  than  two  days  of 
the  time  at  which  snch  election  shall  be  decided  on. 

3.  When  the  day  of  election  arrives,  the  Assembly  shall  ascertain 
what  vacancies  in  the  number  of  the  eighteen  trustees  incorporated  have 
taken  place,  by  death  or  otherwise,  and  shall  first  proceed  to  choose 
other  members  in  their  places.  When  this  is  accomplished,  they  shall 
proceed  to  the  trial  whether  they  will  elect  any,  and  if  any,  how  many 
of  that  third  of  the  number  of  the  trustees  which  by  law  they  are  per- 
mitted to  change  in  the  following  manner,  viz. :  The  list  of  the  trustees 
shall  be  taken,  and  a  vote  be  had  for  a  person  to  fill  the  place  of  him 
who  is  first  on  the  list.  In  voting  for  a  person  to  fill  said  place,  the  vote 
may  be  given  either  for  the  person  who  has  before  tilled  it,  or  for  any 
other  person.  If  the  majority  of  votes  shall  be  given  for  the  person 
who  has  before  filled  it,  he  shall  continue  in  office.  If  the  majority  of 
votes  shall  be  given  for  another  person,  this  person  is  a  trustee,  duly 
chosen  in  place  of  the  former.  In  the  same  form  the  Assembly  shall 
proceed  with  the  list,  till  they  have  either  changed  one -third  of  the  trus- 
tees (always  including  in  the  third  those  who  have  been  elected  by  the 
sitting  Assembly  to  supply  the  places  become  vacant  by  death  or  other- 
wise), or  by  going  through  the  list,  shall  determine  that  no  further  alter- 
ation shall  be  made. — 1801,  p.  217. 

7.   Record  of  election  by  the  Assembly. 
By  unanimous  consent  the  Stated   Clerk  was  empowered   to  cast,  and 
did  cast,  the  vote  of  the  Assembly,  for  Hon.  William  M.   Lanning  as 
trustee  of  the  Assembly. — 1897,  p.  145. 

8.  Trustees  authorized  to  receive  and  hold  in  trust  bequests  made  to  the 
Presbyterian  Historical  Society. 

Overture  from  the  Presbyterian  Historical  Society,  requesting  the 
General  Assembly  to  authorize  the  trustees  of  the  General  Assembly  to 
receive  any  bequests  which  may  be  made  to  the  Presbyterian  Historical 
Society,  and  to  hold  the  same  in  trust  for  the  benefit  of  that  Society,  in 
a  manner  similar  to  that  which  now  obtains  in  case  of  bequests  for  vari- 
ous objects  approved  by  the  General  Assembly.  Recommended  that  the 
request  be  granted.     Adopted. — 1896,  p.  47. 

9.  The  official  seal  of  the  Church. 

The  Committee  on  Bills  and  Overtures  reported  the  following: 

a.  In  view  of  the  interest  recently  awakened  in  the  device  known  as 
the  "  Seal  of  the  Presbyterian  Church," 

Resolved,  That  a  Committee  of  three  be  appointed,  to  report  to  the 
next  General  Assembly  upon  the  history  and  symbolism  of  the  "  Seal  of 
the  Trustees  of  the  General  Assembly,"  and  make  such  recommendation 
as  may  be  deemed  advisable.     Adopted.  — 1889,  p.  121. 

The  Committee  were  Ministers — Henry  C.  McCook,  D.D.,  George  D. 
Baker,  D.D. ;  Ruling  Elder — George  Junkin. 

Resolved,  That  it  is  the  sense  of  this  Assembly,  that  an  open  Bible  be 
the  central  symbol  of  the  Church's  seal,  and  that  this  Committee  be 
instructed  to  prepare  drawings  which  shall  appropriately  display  the  same, 
and  report  to  the  next  Assembly.  — 1891,  p.  134. 

[Note  — See  the  full  report  of  the  Committee,  1892,  pp.  25-33,  containing  the 
description  of  the  seal,  which  the  Rev.  Dr.  H.  C.  McCook  was  authorized  to  prepare.] 


340  FORM  OF  GOVKRNMENT,  CHAP.  XII. 

b.  Resolved,!.  That  the  General  Assembly  hereby  adopts  as  its  official 
seal  the  following,  namely:  For  a  central  device  the  figure  of  an  open 
Bible  displayed  upon  a  circular  field,  and  in  form  as  represented  upon 
the  seal  of  the  Westminster  Assembly  of  Divines;  upon  the  dexter  page 
thereof  to  be  inscribed  the  motto,  ' '  The  Word  of  God, ' '  Avithin  an  oval 
field,  and  upon  the  upper  margin  of  the  said  page  the  Scriptural  refer- 
ence, "  1  Peter  i.  23." 

Upon  the  opposite  or  sinister  page,  within  a  similar  oval  field,  the  fol- 
lowing device,  namely:  The  figure  of  a  brazen  serpent  .suspended  from  a 
cruciform  pole  uplifted  within  a  wilderness,  in  form  as  represented  upon 
the  official  seal  of  the  trustees  of  this  General  Assembly.  In  addition 
thereto,  upon  the  background  of  the  field,  and  behind  the  central  figure, 
a  miniature  of  the  emblem  upon  the  seal  of  the  Kirk  of  Scotland,  namely, 
a  burning  bush  within  a  radiating  circle  of  rays  of  light;  further,  a 
decorative  wreath  of  palm  upon  the  lower  margin  of  the  oval  field,  and 
in  corresponding  position  upon  the  upper  margin,  the  motto,  "  Christus 
Exaltatus  Salvator, ' '  and  upon  the  upper  margin  of  the  page  itself,  the 
Scriptural  reference,  "  John  iii.  14." 

In  addition  to  this  central  emblem  thus  diflferenced,  it  is  directed  that 
a  semicircular  wreath  of  branches  of  palm  in  form,  as  nearly  as  may  be, 
like  the  decorative  wreath  upon  the  Westminster  Assembly's  seal,  be 
j)laced  upon  the  upper  margin  of  the  circular  field,  and  in  corresponding 
j)osition  below  the  Book,  a  wreath  of  olive  and  oak  combined.  Further, 
that  there  be  placed  behind  the  Book  and  the  wreath  radiating  rays  of 
light  filling  the  vacant  spaces  of  the  field. 

SuiToundiug  the  whole  device  the  scroll  of  the  seal  shall  bear  the  words, 
"  Seal  of  the  General  xVssembly  of  the  Presbyterian  Church  in  the 
United  States  of  America."  As  further  indicating  the  wiU  of  the  As- 
sembly as  above  expressed,  the  Assembly  refers  to  the  accompanying 
drawing  and  engraving  submitted  by  the  Committee  upon  the  seal. 

Resolved,  2.  The  Committee  is  hereby  directed  to  procure  an  engraved 
stamp  or  die  of  the  device  and  scroll,  as  above  adopted,  for  the  use  of 
the  General  Assembly,  and  they  are  authorized  to  make  any  merely 
technical  changes  in  the  lettering  of  the  scroll  and  grouping  of  th.e  motto 
and  figures  of  the  device,  as  above  described,  that  may  be  found  neces- 
sary or  advantageous  in  the  engraving  of  the  same. 

Resolved,  3.  The  Stated  Clerk  of  the  General  Assembly  shall  be  the 
official  custodian  of  the  seal. 

Resolved,  4.  That  the  Committee  be  directed  to  prepare  an  accurate 
drawing  of  the  seal  as  thus  adopted,  and  deposit  it  with  the  Presbyterian 
Historical  Society,  for  reference  as  the  authorized  form  of  the  same. 

Resolved,  5.  That  the  Committee  be  directed  to  procure  a  copyright  of 
the  seal  and  place  the  same  in  the  keeping  of  the  Trustees  of  the  Gen- 
eral Assembly. — 1892,  pp.  32,  33. 

II.    THE  BOARDS  OF  THE  CHURCH. 
GENERAL    MATTERS. 

1.  Concurrent  declarations,  Assembly  of  1869. 

5.  The  corporate  rights  now  held  by  the  two  General  Assemblies,  and 
by  their  Boards  and  Committees,  should,  as  far  as  practicable,  be  con- 
solidated, and  applied  for  their  several  objects,  as  defined  by  law. 

(i.  There  should  be  one  set  of  Committees  or  Boards  for  Home  and 
Foreign   Missions,    and  the  other  religious  enterprises  of    the  Church; 


OF   THE    GENERAL   ASSEMBLY.  341 

which  the  churches  should  be  encouraged  to  sustain,  though  free  to  cast 
their  contributions  into  other  channels,  if  they  desire  to  do  so. 

7.  As  soon  as  practicable  after  the  union  shall  have  been  effected,  the 
General  Assembly  should  reconstruct  and  consolidate  the  several  Perma- 
nent Committees  and  Boards,  which  now  belong  to  the  two  Assemblies, 
so  as  to  represent,  as  far  as  possible,  with  impartiality,  the  views  and 
wishes  of  the  two  bodies  constituting  the  united  Church. — 1869,  pp. 
916,  O.  S.,  and  278,  N.  S. 

2.  Assembly  regulations  as  to  minutes,  reports  and  membership. 

1.  Each  Board  and  Permanent  Committee  is  instructed  to  send  up 
its  minutes  with  its  report,  that  these  minutes  may  be  reviewed  by  the 
Assembly  on  the  report  of  the  appropriate  Standing  Committee. — 1885, 
p.  690. 

2.  A  sufftcient  number  of  the  reports  of  the  Boards  and  Committees 
shall  be  forwarded  by  them  to  the  place  of  meeting  of  each  Assembly, 
prior  to  the  day  of  meeting;  and  a  complete  file  of  the  same,  stitched 
together,  shall  be  delivered  to  each  commissioner. — 1886,  p.  77. 

3.  No  person  shall  serve  as  a  member  of  a  Board  who  is  an  executive 
officer  or  employe  of  said  Board,  or  a  member  of  any  other  benevolent 
Board  of  the  Church;  and  no  more  than  one  ruling  elder  from  the  same 
congregation  shall  serve  on  a  Board  at  the  same  time  [1887,  pp.  51,  108] . 

4.  Any  vacancy  occurring  in  the  membership  of  any  of  the  Boards 
of  the  Church  during  the  interval  between  the  Assemblies,  may  be  filled 
until  the  next  succeeding  meeting  of  the  Assembly,  by  the  Board  in 
which  such  vacancy  may  occur  [1887,  p.  128]. — 1896,  pp.  849p,  349q. 

5.  It  is  recommended  that  the  Annual  Reports  of  the  Boards  for  the 
year  1897  be  printed  and  distributed  as  heretofore  (seven  thousand 
copies),  under  the  direction  of  the  Stated  Clerk,  the  expenses  to  be 
borne  by  the  several  Boards  in  proportion  to  the  space  occupied  by  each 
Report  in  the  bound  volume.     Adopted. — 1897,  p.  143. 

3.  Regulation  as  to  use  of  legacies. 
Resolved,  That  when  any  Board  receives  a  legacy  the  use  of  which  is 
not  indicated  in  the  will  of  the  testator,  the  funds  shall  either  be  used 
for  current  work,  or  shall  be  invested  in  accordance  with  the  laws  pro- 
vided for  the  care  of  trust  funds  in  the  State  where  the  Board  is  located. 
But  if  not  so  used,  the  funds  shall  be  held  until  the  General  Assembly 
approves  of  some  different  use  of  them,  which  the  Board  may  propose 
to  make.— 1897,  p.  50. 

4.  No  trustee  or  director  of  a  charitable  or  benevolent  institution  may 
receive  any  salary  or  emolument  from  said  institution. 
On  the   12th  of  March,  1872,  the  following  Act  was  passed  by  the 
New  York  Legislature  in  relation  to  trustees  and  directors  of  charitable 
and  benevolent  institutions: 

Section  1.  No  trustee  or  director  of  any  charitable  or  benevolent  institution, 
organized  either  under  the  laws  of  the  State  or  by  virtue  of  a  special  charter, 
shall  receive,  directly  or  indirectly,  any  salary  or  emolument  from  said  institu- 
tion, nor  shall  any  salary  or  compensation  whatever  be  voted  or  allowed  by 
the  trustees  or  directors  of  any  institution  organized  for  charitable  or  benevo- 
lent purposes  to  any  trustee  or  director  of  said  institution  for  services  either  as 
trustee  or  director  or  in  any  other  capacity. — 1872,  p.  42. 

[Note.— Substantially  the  same  law  is  in  effect  in  Pennsylvania  and  some  other 

States.] 


342  FOKM    OF    (JOVERNMEXT,     CHAP.     XII. 

I.    THE  BOARD  OF  HOME  MISSIONS. 

1.  History. 

[Note. — For  a  full  account  of  the  early  mission  work  of  the  Church  and  of  the 
origin  and  progress  of  the  work,  culminating  in  the  present  Board  of  Home  Missions, 
see  Assembly's  Digest  (Baird),  revised  edition,  1858,  pp.  321-362,  with  the  annual 
Minutes  of  tlie  Assembly,  0.  H.,  from  1858  to  1869.  Also  Moore's  new  Digest,  1861,  with 
the  annual  Minutes,  N.  8.,  from  1861  to  1869,  and  Moore's  Digest,  1886,  pp.  422-426 

"The  Standing  Committee  of  Missions  "  was  appointed  by  the  Assembly  in  1802, 
p.  258.  In  1816,  p.  633,  the  Committee  was  enlarged  and  its  title  changed  to  "The 
Board  of  Missions,  acting  under  tJie  autliority  of  the  General  Assembly  of  the  Pres- 
byterian Church  in  the  United  States."  In  1827,  p.  217,  and  again  in  1828,  p.  244,  its 
powers  were  enlarged.  Up  to  1837  the  "  Board  of  Missions"  was  the  only  agency  of 
the  General  Assembly  for  carrying  on  the  work  of  missions  at  home  and  abroad.  In 
that  year  it  was  : 

"Resolved,  That  the  General  Assembly  will  superintend  and  conduct  by  its  own 
proper  authority  the  work  of  Foreign  Missions  of  the  Presbyterian  Church  by  a 
Board  appointed  for  that  purpose  and  directly  amenable  to  said  Assembly." — 1837, 
pp.  452,  453. 

The  N.  S.  Assembly  continued  to  cooperate  with  the  American  Home  Missionary 
Society  until  1861.  In  1852  a  Report  on  Church  Extension  was  adopted,  and  a  Com- 
mittee of  Conference  with  the  A.  H.  M.  8.  appointed,  who  next  year  reported, 
recommending  the  continuance  of  cooperation  (see  Moore's  new  Digest,  1861,  pp. 
361-367;  also  pp.  368,  369).  After  full  discussion.,  action  was  taken,  establishing 
"  The  Church  Extension  Committee,"  which  was  chartered  by  the  Legislature  of  New 
York  in  1862.     For  Charter  see  Digest,  1886,  pp.  425,  426.] 

2.  Consolidated  Soard  as  established  at  reunion. 

The  unfinished  business  was  I'esumed,  viz.,  the  report  of  the  Joint 
Committee  ou  Home  Missions,  which,  after  protracted  discussion,  was 
adopted  as  follows: 

The  Joint  Committee  appointed  by  the  two  Assemblies  of  1869  to 
arrange  for  the  consolidation  of  the  "  Board  of  Domestic  Missions" 
and  "  The  Committee  of  Home  Missions,"  would  respectfully  report 
that,  in  full  attendance,  they  have  given  the  subject  with  which  they  were 
charged  their  most  careful  deliberation. 

Some  things  pertaining  to  the  proposed  new  organization  were  very 
readily  adjusted,  as  appears  in  the  following  recommendations,  adopted 
with  entire  unanimity,  viz. :  1 .  The  name  to  be  "  The  Board  of  Home 
Missions  of  the  Presbyterian  Church  in  the  United  States  of  America." 

2.  That  this  Board  consist  of  fifteen  members,  five  constituting  a  quorum, 

3.  That  the  Board  be  authorized  to  appoint  one  Secretary,  Avith  so 
much  assistance  as  the  Board  may  deem  necessary. 

After  proceeding  so  far,  your  Committee  were  advised  by  eminent  legal 
counsel  that,  inasmuch  as  the  Board  and  Committee  now  existing  hold 
their  respective  charters  from  difterent  States,  legislative  action  in  the 
States  of  Pennsylvania  and  New  York  would  be  necessary  before  the 
contemplated  consolidation  could  be  eflfected,  so  that  the  property  now 
held  by  the  one  could  legally  and  safely  be  transferred  to  the  other.  As 
instructed  by  counsel,  your  Committee  cannot  see  any  mode  in  which  this 
General  Assembly  itself,  without  further  legislation,  can  create  such  a 
consolidated  Board,  or  will  be  competent  in  law  to  execute  the  trusts 
imposed  on  the  existing  corporate  bodies  in  wills  or  other  writings  here- 
tofore executed. 

As  necessary  steps  to  the  obtaining  of  such  necessary  legislation  as  is 
suited  to  the  case,  your  Committee  report  the  following  recommendations, 
to  wit: 

1.  That  this  Assembly  should  designate  the  locality  in  which  the  chief 
operations  of  the  new  Board  shall  be  carried  on,  and  in  which  the  prin- 
cipal office  for  that  purpose  shall  be  located. 


OF   THE   GENERAL   ASSEMBLY.  343 

2.  That  a  Committee  be  appointed  by  this  Assembly,  whose  duty  it 
shall  be  to  endeavor  to  procure  all  the  legislation  required  by  the  exigen- 
cies of  the  case,  and  direct  the  transfer  of  property  now  held  by  the  two 
bodies  above  described,  on  receiving  the  opinion  of  competent  counsel 
that  the  authority  of  the  new  body  is  perfect. 

3.  Meantime,  till  such  a  result  has  been  reached,  that  both  of  the 
existing  organizations  should  be  kept  up  in  the  form  required  by  their 
respective  charters. — 1870,  p.  54. 

The  following  places  were  then  named  for  the  location  of  the  Board  of 
Home  Missions,  viz.,  Philadelphia  and  New  York;  whereupon  the  roll 
was  called,  and  New  York  was  chosen,  by  a  vote  of  306  for  New  York, 
and  153  for  Philadelphia. — lb.,  p.  55. 

The  action  of  the  Assembly  adopting  the  report  of  the  Joint  Commit- 
tee on  Home  Missions  was  reconsidered,  and  the  number  of  members  of 
the  Board  changed  from  twenty  (20)  to  fifteen  (15),  and  the  number 
of  Corresponding  Secretaries  from  one  (1)  to  (2). 

The  Rev.  Henry  Kendall,  D.  D.,  and  the  Rev.  Cyrus  Dickson,  D.D., 
were  by  acclamation  elected  Corresponding  Secretaries,  and  Mr.  Samuel 
D.  Powel,  Treasurer,  of  the  Board  of  Home  Missions,  it  being  expressly 
understood  that  this  was  not  to  be  considered  as  a  precedent  by  any  ftiture 
Assembly.— 1870,  p.  100. 

3.  The  act  of  incorporation. 

Au  Act  to  incorporate  the  Board  of  Home  Missions  of  the  Presbyterian  Church 
in  the  United  States  of  America,  and  to  enable  the  Presbyterian  Board  of 
Home  Missions,  formerly  the  Presbyterian  Committee  of  Home  Missions, 
to  transfer  its  property  to  said  new  corporation,  and  to  vest  in  such  new 
corporation  the  corporate  rights,  franchises  and  privileges  of  the  former 
body,  and  also  to  enable  said  new  corporation  to  accept  a  transfer  of  the 
property  of  the  trustees  of  the  Board  of  Domestic  Missions  of  the  General 
Assembly  of  the  Presbyterian  Church  in  the  United  States  of  America, 
and  to  become  the  legal  successor  of  the  said  last-meutioned  corporation. 
—Passed  April  19,  1872. 

The  people  of  the  State  of  New  York,  represented  in  Senate  and  Assembly, 
do  enact  as  follows  : 

Section  1.  George  L.  Prentiss,  Thomas  S.  Hastings,  William  M.  Paxton, 
William  C.  Roberts,  I.  F.  Stearns,  Henry  J.  Van  Dyke,  James  O.  Murray, 
Edward  A.  Lambert,  Jacob  D.  Vermilye,  George  W.  Lane,  Thomas  C.  M. 
Patou,  Joseph  F.  Joy,  Robert  L.  Kennedy,  George  R.  Lockwood,  John 
Taylor  Johnston  (designated  for  this  purpose  by  the  General  Assembly  of  the 
Presbyterian  Church  in  the  United  States  of  America,  which  met  in  Chicago, 
in  the  State  of  Illinois,  in  May,  eighteen  hundred  and  seventy-one,  and  which 
is  the  legal  successor  of  the  tw^o  religious  bodies  theretofore  existing  under 
that  same  name),  and  their  successors  in  office,  chosen  from  time  to  time  by 
the  said  General  Assembly,  are  hereby  constituted  a  body  politic  and  corpo- 
rate by  the  name  of  the  Board  of  Home  Missions  of  the  Presbyterian  Church 
in  the  United  States  of  America  ;  the  object  of  which  shall  be  to  assist  in  sus- 
taining the  preaching  of  the  Gospel  in  feeble  churches  and  congregations  in 
connection  with  the  Presbyterian  Church  in  the  United  States,  and  generally 
to  superintend  the  whole  work  of  Home  Missions  in  behalf  of  said  Church,  as 
the  General  Assembly  may  from  time  to  time  direct ;  also,  to  receive,  take 
charge  of,  and  disburse  all  property  and  funds  which  at  any  time  and  from 
time  to  time  may  be  intrusted  to  said  Church  or  said  Board  for  Home  Mission- 
ary purposes. 

Sec.  3.  The  said  corporation  shall  possess  the  general  powers,  and  be  sub- 
ject to  the  provisions  contained  in  title  three  of  chapter  eighteen  of  the  first 
part  of  the  Revised  Statutes,  so  far  as  the  same  are  applicable  and  have  not 
been  repealed  or  modified. 

Sec.  3.  The  management  and  disposition  of  the  affairs  and  property  of  said 
corporation  shall  be  vested  in  the  persons  named  in  the  first  section   of  this 


344  FORM  OF  GOVERNMENT,  CHAP.  XII. 

Act,  and  their  successors  in  office  who  shall  remain  in  office  for  such  period, 
and  be  removed  and  succeeded  by  others  chosen  at  such  time  and  in  such 
manner  as  the  said  General  Assembly  of  the  Presbyterian  Church  in  tiie 
United  States  of  America  shall  from  time  to  time  direct  and  appoint. 

Sec.  4.  The  said  corporation  shall  be  in  law  capable  of  taking,  receiving 
and  holding  any  real  or  personal  estate  which  has  been  or  may  hereafter  be 
given,  devised  or  bequeathed  to  it  or  to  the  said  Church  for  the  purposes 
aforesaid,  or  which  may  accrue  from  the  use  of  the  same  ;  subject,  however,  to 
all  the  provisions  of  law  relating  to  devises  and  bequests,  by  last  will  and 
testament ;  but  the  said  corporation  shall  not  take  and  hold  real  and  personal 
estate,  the  annual  rental  or  income  of  which  shall  exceed  the  sum  of  two  hun- 
dred thousand  dollars. 

Sec.  5.  The  Presbyterian  Committee  of  Home  Missions  incorporated  under 
the  laws  of  this  State  by  an  Act  passed  on  the  eighteenth  day  of  April,  eigh- 
teen hundred  and  sixty -two,  the  name  of  which  was  changed  to  that  of  the 
Presbyterian  Board  of  Home  Missions,  by  an  Act  passed  on  the  twentictli  of 
January,  eighteen  hundred  and  seventy-one,  are  hereby  authorized  to  assign, 
transfer,  convey  and  deliver  unto  the  corporation  created  by  this  Act,  all  the 
property,  estate  and  rights  of  any  and  every  description  now  held  or  enjoyed 
by  theni,  and  which  may  hereinafter  be  received  by  them  by  virtue  of  any  grant, 
gift,  bequest  or  devise  or  otherwise  howsoever,  which  assignment,  transfer, 
conveyance  and  delivery,  the  corporation  established  by  this  Act  is  herebj' 
authorized  and  empowered  to  accept  and  receive  ;  and  the  said  corporation, 
hereby  created,  shall  be  and  is  hereby  declared  to  be  the  legal  successor  of  the 
said  Presbyterian  Board  of  Home  Missions,  formerly  the  Committee  of  Home 
Missions,  and  shall  have,  hold,  use  and  enjoy  all  the  corporate  powers,  fran- 
chises and  privileges  of  the  said  corporation  last  named,  and  all  the  property, 
estates  and  rights  so  assigned,  transferred,  conveyed,  and  delivered  in  the  same 
manner  and  to  the  same  extent  as  the  said  corporation  last  named  might  liave 
done,  and  shall  be  entitled  to  receive,  sue  for  and  recover  all  legacies,  devises, 
bequests  and  property  which  have  heretofore  been  or  may  hereafter  be  made 
or  given  to  the  said  corporation  last  named  ;  Procided,  however,  and  it  is  hereby 
expressly  declared,  that  the  said  corporation  created  by  this  Act,  shall  receive 
and  hold  the  said  property,  estates  and  rights  upon  the  same  trusts  and  for  the 
same  purposes,  only  as  the  same  are  or  otherwise  would  be  held  bj'  the  said 
Presbyterian  Board  of  Home  Missions,  formerly  the  Presbyterian  Committee 
of  Home  Missions. 

Sec.  6.  Whenever  the  requisite  power  shall  be  given  by  the  proper  author- 
ity of  the  State  of  Pennsylvania  to  the  trustees  of  the  Board  of  Domestic  Mis- 
sions of  the  General  Assembly  of  the  Presbyterian  Church  in  the  United 
States  of  America,  a  corporation  created  and  established  and  now  existing 
under  the  laws  of  the  said  State  of  Pennsylvania,  to  assign,  transfer,  con- 
vey and  deliver  unto  the  corporation  created  by  this  Act,  all  the  property, 
estate,  and  rights  of  any  and  every  description,  held  or  enjoyed,^  or 
which  may  be  hereafter  held  or  enjoyed,  by  the  said  corporation  tirst 
named  in  this  section  by  virtue  of  any  gift,  grant,  bequest  or  devise,  or 
otherwise  howsoever,  then  the  said  corporation  liereby  created  is  hereby 
authorized  to  accept  and  receive  the  assignment,  transfer,  conveyance  and 
delivery  aforesaid,  and  shall  be  and  is  hereby  declared  to  be  the  legal  successor 
of  the  said  trustees  of  the  Board  of  Domestic  Missions  of  the  General  A.ssem- 
bly  of  the  Presbyterian  Church  in  the  United  States  of  America,  and  shall 
have,  hold,  use  and  enjoy  all  the  corporate  powers,  franchises  and  privileges 
of  the  said  corporation  last  named,  and  all  the  property,  estates  and  rights 
which  may  be  so  assigned,  transferred,  conveyed  and  delivered  in  the  same 
manner  and  to  the  same  extent  as  the  said  corporation  last  named  might  have 
done,  and  shall  be  entitled  to  receive,  sue  for  and  recover  all  legacies,  devises, 
bequests  and  property  wliich  have  heretofore  been  or  may  hereafter  be  made 
or  given  to  the  said  corporation  last  named  :  Provided,  however,  and  it  is 
hereby  expressly  declared  that  the  said  corporation  created  by  this  Act  shall 
receive  and  hold  the  said  property,  estates  and  rights  upon  the  same  trusts  and 
for  the  same  uses  and  purposes  only  as  the  same  are  or  otherwise  would  be 
held  by  the  said  trustees  of  the  Board  of  Domestic  Missions  of  the  General 
Assembly  of  the  Presbyterian  Church  in  the  United  States  of  America  hereto- 
fore created  by  virtue  of  the  laws  of  the  State  of  Pennsylvania  ;  and  it  is 
hereby  further  provided  and  declared,  that  all  the  grants,  conveyances, 
devises  and  bequests,  which,  after  the  several  assignments,  transfers  and  con- 


OF   THE    GENERAL    ASSEMBLY.  345 

veyaiices  hereiubefore  authorized  to  be  made  to  the  corporation  created  by 
this  Act,  shall  have  been  made  and  completed  as  hereinbefore  directed,  shall 
be  made  or  which  shall  purport  to  be  made  to  the  Presbyterian  Committee  of 
Home  Missions,  or  to  the  trustees  of  the  Board  of  Domestic  Missions  of  the 
General  Assembly  of  the  Presbyterian  Church  hereinbefore  named,  shall  be 
deemed  and  taken  to  be  made  to  the  corporation  hereby  created  with  the  same 
effect  as  if  made  to  such  new  corporation  hereby  created. 

Sec.  7.  This  Act  shall  take  effect  immediately  — Chapter  287,  Laws  of 
1873,  N.  Y. 

4.  First  amendment  of  the  act  of  incorporation. 

An  Act  to  amend  chapter  two  hundred  and  eighty -seven  of  the  laws  of 
eighteen  hundred  and  seventy-two,  entitled  "An  Act  to  incorporate  the 
Board  of  Home  Missions  of  the  Presbyterian  Church  in  the  United  States 
of  America,"  and  to  enable  the  Presbyterian  Board  of  Home  Missions, 
formerly  the  Presbyterian  Committee  of  Home  Missions,  to  transfer  its 
property  to  said  new  corporation,  and  to  vest  in  such  new  corporation  the 
corporate  rights,  franchises  and  privileges  of  the  former  body,  and  also  to 
enable  said  new  corporation  to  accept  a  transfer  of  the  property  of  the 
trustees  of  the  Board  of  Domestic  Missions  of  the  General  Assembly  of 
the  Presbyterian  Church  in  the  United  States  of  America,  and  to  become 
the  legal  successorof  the  said  last-mentioned  corporation. — Passed,  May  8, 
1880:  three-fifths  being  present. 

The  people  of  the  State  of  New  York,  represented  in  Senate  and  Assembly, 
do  enact  as  follows  : 

Section  1.  Section  four  of  chapter  two  hundred  and  eighty-seven  of  the 
laws  of  eighteen  hundred  and  seventy-two,  entitled  "An  Act  to  incorporate 
the  Board  of  Home  Missions  of  the  Presbyterian  Church  in  the  United  States 
of  America,  and  to  enable  the  Presbyterian  Board  of  Home  Missions,  formerly 
the  Presb3'terian  Committee  of  Home  Missions,  to  transfer  its  property  to  said 
new  corporation,  and  to  vest  in  such  new  corporation  the  corporate  rights, 
franchises  and  privileges  of  the  former  body,  and  also  to  enable  said  new  cor- 
poration to  accept  a  transfer  of  the  property  of  the  trustees  of  the  Board  of 
Domestic  Missions  of  the  General  Assembly  of  the  Presbyterian  Church  in 
the  United  States  of  America,  and  to  become  the  legal  successor  of  the  said 
last-mentioned  corporation,"  is  hereby  amended  so  as  to  read  as  follows  : 

Sec.  4.  The  said  corporation  shall  be  in  law  capable  of  taking,  receiving, 
holding  and  conveying,  or  otherwise  disposing  of  any  real  or  personal  estate 
which  has  been,  or  may  hereafter  be  given,  devised  or  bequeathed  to  it,  or  to 
the  said  Church,  for  the  purpose  aforesaid,  or  which  may  accrue  from  the  use 
of  the  same;  subject,  however,  to  the  provisions  of  chapter  three  hundred 
and  sixty  of  the  laws  of  eighteen  hundred  and  sixty,  entitled  "An  Act  relat- 
ing to  wills;"  but  said  corporation  shall  not  hold  real  or  personal  estate,  the 
annual  rental  or  income  of  which  shall  exceed  the  sum  of  two  hundred  thou- 
sand dollars.— Chapter  227,  Laws  of  1880,  N.  Y. 

5.  Second  amendment  of  the  act  of  incorporation. 

An  Act  to  amend  section  three  of  chapter  two  hundred  and  eighty-seven  of 
the  laws  of  eighteen  hundred  and  seventy-two,  entitled  "An  Act  to  incor- 
porate the  Board  of  Home  Missions  of  the  Presbyterian  Church  in  the 
United  States  of  America,  and  to  enable  the  Presbyterian  Board  of  Home 
Missions,  formerly  the  Presbyterian  Committee  of  Home  Missions,  to 
transfer  its  property  to  said  new  corporation,  and  to  vest  in  such  new  cor- 
poration the  corporate  rights,  franchises  and  privileges  of  the  former  body, 
and  also  to  enable  said  new  corporation  to  accept  a  transfer  of  the 
property  of  the  trustees  of  the  Board  of  Domestic  Missions  of  the  General 
Assembly  of  the  Presbyterian  Church  in  the  United  States  of  America, 
and  to  become  the  legal  successor  of  the  said  last-mentioned  corporation." 
—Approved,  by  the  Governor,  April  18,  1892.  Passed :  three-fifths  being 
present. 

The  people  of  the  State  of  New  York,  represented  in  Senate  and  Assembly, 
do  enact  as  follows  : 

Section  1.  Section  three  of  chapter  two  hundred  and  eighty-seven  of  the 
laws  of  eighteen  hundred  and  seventy-two,  entitled,  "An  Act  to  incorporate 
the  Board  of  Home  Missions  of  the  Presbyterian  Church  in  the  United  States 


346  FORM  OF  GOVERNMENT,  CHAP.  XII. 

of  America,  and  to  enable  tlie  Presbyterian  Board  of  Home  Missions,  formerly 
the  Presbyterian  Committee  of  Home  Missions,  to  transfer  its  property  to  said 
new  corporation,  and  to  vest  in  such  new  corporation  the  corporate  rights, 
franchises  and  privileges  of  the  former  body,  and  also  to  enable  said  new  cor- 
poration to  accept  a  transfer  of  the  property  of  the  trustees  of  the  Board  of 
Domestic  Missions  of  the  General  Assembly  of  the  Presbyterian  Church  in 
the  United  States  of  America,  and  to  become  the  legal  successor  of  the  said 
last-mentioned  corporation,'"  is  hereby  amended  to  read  as  follows: 

Sec.  3.  The  management  and  disposition  of  the  affairs  and  property  of  such 
corporation  shall  be  vested  in  fifteen  trustees  who  shall  be  appointed  from 
time  to  time  by  the  General  Assembly  of  the  Presbyterian  Church  in  tlie 
United  States  of  America,  for  such  terms  as  the  Assembly  may  determine. 
But  the  number  of  such  trustees  may  be  increased  or  decreased  at  any  time  by 
the  said  General  Assembly,  and  in  case  of  an  increase  the  additional  trustees 
shall  be  appointed  by  such  General  Assembly  of  the  Presbyterian  Church  in 
the  United  States  of  America ;  Provided,  however.  That  the  members  of  the 
Board,  as  at  present  constituted,  shall  continue  to  hold  office  until  their  suc- 
cessors have  been  appointed  by  the  General  Assembly. 

Sec.  2.  This  Act  shall  take  eft'ect  immediately. — Chapter  335,  Laws  of  1892. 

6.  Pennsylvania  act  authorizing  transfer  of  property. 

An  Act  to  authorize  the  trustees  of  the  Board  of  Domestic  Missions  of  the 
General  Assembly  of  the  Presbyterian  Church  in  the  United  States  of 
America  to  transfer  the  property  held  by  them  to  the  Board  of  Home 
Missions  of  the  Presbyterian  Church  in  the  United  States  of  America,  and 
to  declare  the  latter  corporation  to  be  the  legal  successor  of  the  former. 

Whereas,  The  two  religious  bodies  heretofore  existing,  each  under  the  name 
of  the  General  Assembly  of  the  Presbyterian  Church  in  the  United  States  of 
America,  having  united  the  congregations  under  their  care,  and  the  General 
Assembly  of  the  Church  thus  united  which  met  in  Philadelphia  on  the  nine- 
teenth day  of  May,  eighteen  hundred  and  seventy,  and  which  is  the  legal  suc- 
cessor of  both  the  former  bodies,  has  directed  that  the  home  missionary  work 
previously  carried  on  under  the  direction  of  the  said  two  bodies  shall  be  here- 
after carried  on  under  its  direction  by  one  Board  ;  and 

Whereas,  The  Legislature  of  the  State  of  New  York  has  for  the  purpose 
aforesaid  incorporated  the  Board  of  Home  Missions  of  the  Presbyterian  Church 
in  the  United  States  of  America;  therefore 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  Commonwealth  of  Pennsylvania  in  General  Assembly  met,  and  it  is 
hereby  enacted  by  the  authority  of  the  same,  that  the  trustees  of  the  Board 
of  Domestic  Missions  of  the  General  Assembly  of  the  Presbyterian  Church 
in  the  United  States  of  America  be  and  they  are  hereby  authorized  to  grant, 
assign,  transfer,  convey  and  deliver  all  property,  estates  and  rights,  real, 
personal  and  mixed,  of  every  kind  and  description,  now  held  or  enjoyed 
by  them,  and  which  may  hereafter  be  received,  held  or  enjoyed  by  them, 
in  any  manner  whatsoever,  unto  the  said  the  Board  of  Home  Missions  of 
the  Presbyterian  Church  in  the  United  States  of  America,  which  corporation 
is  hereby  declared  to  be  the  legal  successor  of  the  said  the  Trustees  of  the 
Board  of  Domestic  Missions  of  the  General  Assembly  of  the  Presbyterian 
Church  in  the  United  States  of  America  ;  and  shall  have,  hold,  use  and 
enjoy  all  the  corporate  powers,  franchises  and  privileges  of  the  said  corpo- 
ration last  named,  and  all  the  property,  estates  and  rights  wiiich  shall  be 
so  granted,  assigned,  transferred,  conveyed  and  delivered  in  the  same  manner 
and  to  the  same  extent  as  the  said  corporation  last  named  might  have  done 
(including  the  power  to  convey,  assign  and  transfer  the  same),  and  shall 
be  entitled  to  receive,  sue  for  and  recover  all  legacies,  devises,  bequests  and 
property  which  have  heretofore  been  or  may  hereafter  be  made,  given  or 
granted  to  the  said  corporation  last  named  ;  Provided,  however,  and  it  is  hereby 
expressly  declared,  that  the  said  the  Board  of  Home  Missions  of  the  Presbj-- 
terian  Church  in  the  United  States  of  America  shall  receive  and  hold  the  said 
property  and  estates,  or  the  proceeds  thereof,  if  sold,  upon  the  same  trusts  and 
for  the  same  uses  and  purposes  only,  as  the  same  are  or  otherwise  would  be 
held  by  the  said  trustees  of  the  Board  of  Domestic  Missions  of  the  General 
Assembly  of  the  Presbyterian  Church  in  the  United  States  of  America  ;  and 
it  is  hereby  further  provided  and  declared  that  all  grants,  conveyances,  devises 


OF   THE   GENERAL    ASSEMBLY.  347 

and  bequests  which  shall  be  made,  or  purport  to  be  made,  to  the  said  corpora- 
tion last  named  shall  be  deemed  and  taken  to  be  made  to  the  said  the  Board 
of  Home  Missions  of  the  Presbyterian  Church  in  the  United  States  of  America 
with  the  same  eflect  as  if  made  directly  thereto. 

"W.  Elliott, 
Speaker  of  the  House  of  Representatives. 
Geo.  H.  Anderson, 

Speaker  of  the  Senate. 

Approved  the  twenty-ninth  day  of  January,  Anno  Domini  one  thousand 
eight  hundred  and  seventy-three. 

J.  F.  Hartranft. 

Office  of  the  Secretary  op  the  Commonwealth, 
Harrisburct,  February  7,  A.D.  1873. 
Pennsylvania,  ss. 

I  do  hereby  certify,  That  the  foregoing  and  annexed  is  a  full,  true  and 
J  a         correct  copy  of  the  original  Act  of  the  General  Assembly,  entitled 
■    ■         "An  Act  to  authorize  the  Trustees  of  the  Board  of  Domestic  Mis- 
sions of  the  General  Assembly  of  the  Presbyterian  Church  in  the 
United  States  of  America  to  transfer  the  property  held  by  them  to  the  Board 
of  Home  Missions  of  the  Presbyterian  Church  in  the  United  States  of  America, 
and  to  declare  the  latter  corporation  to  be  the  legal  successors  of  the  former," 
as  the  same  remains  on  file  in  this  office. 

In  testimony  tchereof,  I  have  hereunto  set  my  hand  and  caused  the  seal  of  the 
Secretary's  office  to  be  affixed  the  day  and  year  above  written. 

M.  S.  Quay,  Secretary  of  the  Commonwealth. 

7.  Principles  and  rules  for  the  work  of  Home  Missions. 

1 .  Withiu  the  bounds  of  a  Presbytery  the  work  of  the  Board  of  Home 
Missions  shoukl  be  carried  on  iu  harmony  with  the  Presbytery,  according 
to  the  principles  and  rules  hereinafter  stated ;  but  a  discretion  should  be 
allowed  to  the  Board  in  outlying  districts,  where  direct  Presbyterial 
control  is  difficult  or  impracticable. 

2.  The  Board  should  not,  in  ordinary  cases,  decline  to  grant  an  appro- 
priation recommended  by  a  Presbytery,  unless,  in  its  judgment,  after 
viewing  the  whole  field  to  be  supplied,  it  shall  appear  that  the  funds  at 
its  disj)osal  are  all  needed  for  more  deserving  or  more  promising  Avork; 
and  whether  it  does  thus  appear  must  be  determined  by  the  Board. 
But  in  all  questions  touching  the  organization  of  churches  or  the 
character  of  ministers,  the  Board,  in  case  of  difference  between  itself  and 
the  Presbytery,  should  abide  by  the  final  judgment  of  the  Presbytery. 

3.  The  formal  issuing  of  commissions  should  be  discontinued,  and  in 
lieu  thereof  the  Board  shall  issue  to  the  missionary  an  agreement  for  the 
amount  to  be  paid  to  him. 

4.  Synodical  missionaries  should  hold  to  the  Board  the  same  relation 
as  other  missionaries  whose  support  is  provided,  in  whole  or  in  part,  by 
the  Board,  and  their  work  shall  be  conducted  in  harmony  with  the  inter- 
ests of  the  Synod  and  of  the  Board. 

5.  No  church  shall  be  organized  by  a  missionary  within  the  limits  of 
any  Presbytery,  unless  authority  has  previously  been  obtained  from  the 
Presbytery. 

6.  Each  Synod  shall  appoint  a  Home  Missionary  Committee,  to  consist 
of  the  chairmen  of  the  Presbyterial  Committees  within  its  bounds.  The 
Committee  shall  meet  annually,  near  or  during  the  meeting  of  the  Synod. 
It  shall  be  the  duty  of  the  Committee  to  ascertain,  as  nearly  as  po.ssible, 
the  whole  number  of  churches  and  missionary  fields  needing  aid  within 
the  bounds  of  the  Synod,  and,  as  nearly  as  possible,  equalize  the  salaries 


348  FORM    OF    GOVERNMENT,    CHAP.   XII. 

of  missionaries  in  the  Presbyteries.  They  shall  ascertain  the  amount  it 
will  be  fair  to  expect  for  the  work  of  home  missionaries  from  tlie  churches 
of  the  Synod,  and,  as  nearly  as  possible,  determine  the  amount  of  aid 
that  will  likely  be  asked  for  the  support  of  missionary  work  within  the 
bounds  of  the  Synod.  The  Committee  shall  confer,  when  practicable, 
with  the  representatives  of  the  Board.  These  Synodical  Committees 
shall,  as  soon  as  possible  after  the  meetings  of  the  Synod,  report  to  the 
Board  the  necessities  of  the  fields,  and  the  probable  amount  of  money 
required,  together  with  the  probable  contributions  from  the  Synods  to 
the  Board.  The  reports  of  these  Synodical  Committees  shall  be  sent 
everv  year  to  the  Assembly,  and  be  referred,  either  to  a  Special  Com- 
mittee, or  to  the  Standing  Committee  of  the  Assembly  on  Home  Missions. 
The  Committee,  after  considering  the  wants  of  the  whole  field,  as  they 
shall  be  set  forth  in  the  reports  from  the  various  Synods,  shall  make  their 
report  to  the  Assembly,  with  such  recommendations  as  the  exigencies  of 
the  work  mav  seem,  in  their  judgment,  to  require. — 1883,  pp.  643, 
644. 

8.  The  school  work :  Woman's  Executive  Committee,  or  Board  of 
Home  Missions. 

a.  The  organization  of  our  Christian  women  in  several  of  our  large 
cities,  with  auxiliaries  in  a  large  number  of  the  churches,  in  behalf  of 
Foreign  Missions,  has  infused  new  life  into  the  work  for  the  heathen,  and 
has  brought  large  increase  to  the  resources  of  that  excellent  Board, 
without  diminution  of  other  contributions.  To  some  extent,  such  societies 
have  also  helped  forward  the  cause  of  Home  Missions,  both  in  money 
and  in  sending  boxes  of  clothing  to  the  families  of  missionaries.  Memo- 
rials have  reached  the  Committee  from  different  parts  of  the  Church, 
asking  for  some  more  effective  plan  of  woman's  work  for  the  evangeliza- 
tion of  our  own  land.  We  beg  leave  to  suggest  that  the  Assembly  now 
recommend  the  organization  of  a  Woman's  Home  Missionary  Society, 
with  auxiliary  societies,  under  the  advice  and  counsel  of  the  Board  of 
Home  Missions,  or  its  oflScers.  And,  further,  that  the  formation  of  dis- 
tinct auxiliary  societies  be  recommended,  in  those  churches  in  which  this 
course  may  be  deemed  expedient,  and  that  in  those  in  which  one  society 
onlv — embracing,  if  possible,  all  the  ladies  in  the  church — may  seem 
best,  the  disposition  of  its  funds  be  left  to  the  determination  of  every  such 
society  for  itself.  Such  recommendation,  without  restricting  the  liberty 
of  the  women  of  each  congregation,  will  express  the  clear  judgment  of 
the  Assembly,  that  home  evangelization  and  the  conversion  of  the  heathen 
are  one  and  the  same  work  of  the  Lord.  In  the  distinction  and  the 
blending  this  is  but  following  the  Master,  who  said,  "  But  ye  shall  receive 
power  after  that  the  Holy  Ghost  is  come  upon  you ;  and  ye  shall  be  wit- 
nesses unto  me  both  in  Jerusalem,  and  in  all  Judea  and  in  Samaria,  and 
unto  the  uttermost  parts  of  the  earth."  Adopted. — 1875,  p.  489; 
1878,  p.  110. 

b.  The  report  of  the  Board,  and  also  the  overtures  from  the  Presby- 
teries of  Utah  and  Colorado,  pi'esent  for  the  consideration  of  the  Assem- 
bly a  subject  which,  so  f^ir  as  the  work  of  this  Board  is  concerned,  is 
entirely  new,  viz. ,  the  establishment  of  schools  as  distinct  from,  and  in 
advance  of,  the  establishment  of  churches,  and,  consequently,  the 
employment  and  commissioning  of  teachers  as  distinct  from  ministers  of 
the  Gospel.     The  report  and  the  overtures  inform  us  that  such  schools  are 


OF    THE   GENERAL   ASSEMBLY.  349 

already  in  operation  through  the  use  of  funds  specially  contributed  for 
the  purpose,  and  the  Assembly  are  asked  to  "  authorize  or  advise,  or  at 
least  approve,  this  new  department  of  labor. ' ' 

In  the  progress  of  Home  Mission  work  an  emergency  has  arisen,  call- 
ing for  a  change  of  action  on  the  part  of  the  Board  in  the  peculiar  states 
of  society  in  the  Territories  of  Utah  and  New  Mexico,  and  in  a  limited 
degree  in  the  work  already  carried  on  among  the  Indians. 

The  Home  Board  is  the  only  one  that  does,  or  is  likely  to  do,  anything 
in  either  of  the  Territories  mentioned.  The  work  is  peculiar,  arising 
from  the  utter  absence  of  anything  like  a  true  Christian  population  to 
which  the  work  of  Home  Missions  can  at  first  come. 

In  these  Territories,  we  must  begin  at  the  very  bottom;  and  it  is  found 
practically  necessary,  in  order  to  success,  to  have  schools  under  direct 
conduct  of  the  missionaries.  Such  schools  care  not  for  secular  instruction 
alone,  but  for  religious  instruction  in  connection  with  direct  Gospel 
instruction.  These  schools  should  not  be  left  uncontrolled;  and  it  seems 
eminently  desirable  that  the  Board  should  control  them.  We  would 
recommend,  then,  that  the  Board  be  allowed  to  sustain  such  schools  by  the 
payment  of  the  teachers  needed;  such  teachers  to  be  recommended  by  the 
Presbyteries  in  which  they  are,  and  commissioned  by  the  Board.  It  is 
expected  that  the  funds  for  such  schools  will  be  raised  by  ladies  mainly. 
Adopted.— 1877,  p.  513. 

We  call  the  attention  of  the  Assembly  to  the  fact  that,  according  to 
their  advice,  a  "  Woman's  Executive  Committee  of  Home  Missions  of 
the  Presbyterian  Church  "  has  been  formed,  having  its  office  and  treas- 
urer in  New  York. — 1879,  p.  594. 

[Note— See  Report  of  Board  of  Home  Missions,  1879,  pp.  678,  679 ;  1881,  p.  531 ;  1882, 
p.  38 ;  1883,  p.  603  ;  and  annually  thereafter ;  1896,  p.  50 ;  1897,  p.  45.  Known  now  as 
the  Woman's  Board  of  Home  Missions.] 

The  Sustentation  Scheme. 

[Note. — In  1871,  Minutes,  pp.  556-564,  the  Special  Committee  appointed  in  1870  pre- 
sented a  scheme  of  sustentation  wliicli  was  adopted.  For  the  scheme  and  its  modifi- 
cations and  amendments  see  Moore's  Digest,  1886,  pp.  452-155  and  564-566.  In  1894 
the  Assembly :] 

Resolved,  That  the  Board  of  Home  Missions  be  authorized  to  use 
yearly  the  surplus  fund  which  may  hereafter  come  into  the  treasury  to  the 
credit  of  the  old  Sustentation  Scheme  for  the  general  work  of  Home 
Missions ;  that  the  Sustentation  column  in  the  Minutes  of  the  General 
Assembly  be  abolished,  and  that  the  gifts  to  Sustentation  be  included  in 
the  Home  Mission  column. — 1894,  p.  137. 

II.    THE  BOARD  OF  FOREIGN  MISSIONS. 

1.  History. 

The  work  of  Foreign  as  well  as  of  Home  Missions  was  under  the 
care  of  "  The  Board  of  Missions"  until  1837,  when  it  was 

Resolved,  That  the  General  Assembly  will  superintend  and  conduct, 
by  its  own  proper  authority,  the  work  of  Foreign  Missions  of  the  Pres- 
byterian Church,  by  a  Board  appointed  for  that  purpose  and  directly 
amenable  to  said  Assembly. 

[Note. — See  for  the  Constitution  of  the  Board  of  Foreign  Missions  as  then  adopted, 
Digest,  1886,  pp.  430,  431. 

A  very  full  account  of  the  various  steps  taken  by  the  Church  in  the  interests  of 
Foreign"  Missions  will  be  found  in  Baird's  Digest,  1855,  pp.  363-374. 

The  New  School  Assembly  cooperated  with  the  American  Board  of  Commissioners 
for  Foreign  Missions  up  to  the  time  of  the  reunion  in  1870. 


350  FORM    OF   GOVERNMENT,    CHAP.    XII. 

In  1854  a  Standing  Committee  was  appointed,  which  was  incorporated  by  the 
Legislature  of  Pennsylvania,  April,  1865,  under  the  title  of  "  Tlie  Permanent  Com- 
mittee on  Foreign  Missions  of  the  General  Assembly  of  the  Presbyterian  Church  in 
the  United  States  of  America." 

See  for  this  Charter,  Digest,  1886,  pp.  432,  433.  Upon  the  reunion  the  Assembly 
adopted  the  following  :] 

2.  The  organization  of  the  Board  of  Foreign  Missions. 

The  Board  of  Foreign  Missions  shall  hereafter  consist  of  fifteen  mem- 
bers besides  the  Corresponding  Secretaries  and  the  Treasurer,  who  shall 
be  members  ex-officio. 

The  term  of  service  of  the  present  members  of  the  Board,  the  Execu- 
tive Committee  and  the  Permanent  Committee  shall  end  with  the  first 
meeting  of  the  Executive  Committee  after  the  dissolution  of  the  General 
Assembly,  when  a  new  Board  shall  be  constituted. 

This  Assembly  will  select  fifteen  members  of  the  Board  in  three  classes 
of  five  each.  The  first  shall  serve  three  years,  the  second  class  two  years 
and  the  third  class  one  year. 

Each  subsequent  General  Assembly  shall  elect  five  members  of  the 
Board  to  hold  office  for  three  years,  and  shall  fill  any  vacancies  in  either 
of  the  other  classes  for  the  unexpired  term  of  service. 

Any  five  members  of  the  Board  shall  form  a  quorum. 

One  of  the  ex-officio  members,  to  be  designated  by  the  Board,  shall  be 
entitled  to  a  seat  in  the  General  Assembly  as  a  corresponding  member  on 
all  subjects  relating  to  Foreign  Missions. 

Besides  the  duties  already  committed  to  their  charge  the  Board  shall 
perform  the  duties  heretofore  assigned  to  the  Executive  Committee  of  the 
Board  and  to  the  Permanent  Committee  on  Foreign  Missions,  in  so  far  as 
these  have  not  been  superseded  or  mochfied  by  this  minute. — 1870,  p.  46. 

3.  Alterations  necessitated  by  legislation. 
The  Committee  further  report  that  on  the  12th  of  March,  1872,  the 
following  Act  was  passed  by  the  New  York  Legislature  in   relation  to 
trustees  and  directors  of  charitable  and  benevolent  institutions: 

Section  1.  No  trustee  or  director  of  any  charitable  or  benevolent  institu- 
tion organized  either  under  the  laws  of  the  State  or  by  virtue  of  a  special  char- 
ter, shall  receive,  directly  or  indirectly,  any  salary  or  emolument  from  said 
institution,  nor  shall  any'salary  or  compensation  whatever  be  voted  or  allowed 
by  the  trustees  or  directors  of  any  institution  organized  for  charitable  or 
benevolent  purposes  to  any  trustee  or  director  of  said  institution  for  services 
either  as  trustee  or  director  or  in  any  other  capacity. 

In  view  of  the  above  Act,  the  Committee  recommend  the  adoption  of 
the  following  resolution: 

In  view  of  the  Act  of  the  Legislature  of  New  York  concerning  chari- 
table and  benevolent  institutions,  passed  March  12,  1872,  that  the 
Constitution  of  the  Board  of  Foreign  Missions  be  so  changed  that  the 
executive  officers  shall  hereafter  be  consulting  members  only,  without  the 
right  to  vote,  but  having  the  right  to  propose  resolutions  and  discuss  all 
matters  before  that  body;  and  further,  that  the  quorum  necessary  to 
transact  business  be  reduced  to  four. — 1872,  \i.  42. 

4.  Charter  of  the  Board  of  Foreign  Missions. 

An  Act  to  incorporate  the  Board  of  Foreign  Missions  of  the  Presbyterian  Church 
in  the  United  States  of  America. — Passed  April  12,  1862.     Chapter  187. 

The  people  of  the  State  of  New  York,  represented  in  Senate  and  Assembly, 
do  enact  as  follows  : 

Section  1.  Walter  Lowrie,  Gardiner  Spring,  William  W.  Phillips,  George 


OF    THE   GENERAL   ASSEMBLY.  351 

Potts,  William  Bannard,  John  D.  Wells,  Nathan  L.  Rice,  Robert  L.  Stuart, 
Lebbeus  B.  Ward,  Robert  Carter,  John  C  Lowrie,  citizens  of  the  State  of  New- 
York,  and  such  others  as  they  may  associate  with  themselves,  are  hereby  con- 
stituted a  body  corporate  and  politic  for  ever,  by  the  name  of  the  Board  of 
Foreign  Missions  of  the  Presbyterian  Church  in  the  United  States  of  America, 
for  the  purpose  of  establishing  and  conducting  Christian  missions  among  the 
uuevangelized  or  pagan  nations  and  the  general  diffusion  of  Christianity  ; 
and  by  that  name  they  and  their  successors  and  associates  shall  be  capable  of 
taking  by  purchase,  grant,  devise  or  otherwise,  holding,  conveying  or  other- 
wise disposing  of  any  real  or  personal  estate  for  the  purposes  of  the  said  cor- 
poration, but  which  estate  within  this  State  shall  not  at  any  time  exceed  the 
annual  income  of  twenty  thousand  dollars. 

Sec.  2.  The  said  corporation  shall  possess  the  general  powers,  rights  and 
privileges,  and  be  subject  to  liabilities  and  provisions,  contained  in  the  eigh- 
teenth chapter  of  the  first  part  of  the  revised  statutes  so  far  as  the  same  are 
applicable,  and  also  subject  to  the  provisions  of  chapter  three  hundred  and 
sixty  of  the  laws  of  eighteen  hundred  and  sixty. 

Sec.  3.  This  Act  shall  take  effect  immediately. 

5.  Amendment  of  the  Charter. 

An  Act  to  amend  chapter  one  hundred  and  eighty-seven  of  the  laws  of  eigh- 
teen hundred  and  sixty -two,  entitled  "An  Act  to  incorporate  the  Board  of 
Foreign  Missions  of  the  Presbyterian  Church  in  the  United  States  of 
America,"  and  to  regulate  the  number  of  trustees. — Became  a  law^  April 
19,  1894,  with  the  approval  of  the  Governor.  Passed  :  three-fifths  being 
present. 
The  people  of  the  State  of  New  York,  represented  in  Senate  and  Assembly, 

do  enact  as  follows  : 

Section  1.  Section  three  of  chapter  one  hundred  and  eighty -seven  of  the 
laws  of  eighteen  hundred  and  sixty -two,  entitled  "An  Act  to  incorporate  the 
Board  of  Foreign  Missions  of  the  Presbyterian  Church  in  the  United  States  of 
America,"  is  hereby  amended  to  read  as  follows : 

Sec.  3.  "The  management  and  disposition  of  the  affairs  and  property  of  the 
said  Board  of  Foreign  Missions  of  the  Presbyterian  Church  in  the  United 
States  of  America  shall  be  vested  in  twenty-one  trustees,  who  shall  be 
appointed  from  time  to  time  by  the  General  Assembly  of  the  Presbyterian 
Church  in  the  United  States  of  America  for  such  terms  as  the  Assembly  may 
determine.  But  the  number  of  such  trustees  may  be  increased  or  decreased  at 
any  time  by  the  said  General  Assembly,  and  in  case  of  an  increase  the  addi- 
tional trustees  shall  be  appointed  by  such  General  Assembly  of  the  Presbyte- 
rian Church  in  the  United  States  of  America  ;  Provided,  however,  That  the 
members  of  the  Board,  as  at  present  constituted,  shall  continue  to  hold  office 
until  their  successors  have  been  appointed  by  the  General  Assembly.  Not 
less  than  eleven  members  of  the  Board  shall  constitute  a  quorum  for  the 
purpose  of  electing  officers,  making  by-laws,  or  for  holding  any  special  meet- 
ing ;  but  for  all  other  purposes,  and  at  stated  meetings,  five  shall  be  a  quorum." 

Sec.  2.  This  Act  shall  take  effect  immediately. — Laws  of  1894,  Chapter  326. 

[Note.— See  Minutes,  189-t,  pp.  73,  7-1.] 

III.    THE    BOARD    OF    EDUCATION. 

1.  History. 

[Note. — For  a  full  history  of  the  early  efforts  of  the  Presbyterian  Church  to  enlarge 
her  ministry  by  aiding  pious  youth  needing  assistance,  see  Baird's  Digest,  revised 
,  edition,  pp.  388-401.  In  1819  tlie  Assembly  resolved  to  establish  a  General  Board  of 
'  Education. — Minutes,  1819,  p.  712. 

For  the  constitution  of  the  Board  and  its  charter  obtained  in  1841,  and  amended  in 
1852,  see  Moore's  Digest,  1886,  pp.  353-355. 

With  such  amendments  as  experience  showed  to  be  necessary,  the  Assembly,  0.  S., 
conducted  its  work  of  education  for  the  ministry  from  1838  to  the  reunion.  For 
various  amendments  of  the  plan,  see  Baird,  as  above,  pp.  401-412. 

From  1838  to  1854  the  N.  S.  branch  cooperated  chiefly  with  the  American  Education 
Society  or  its  branches.  In  1854  the  "  Permanent  Committee  of  Education  for  the 
Ministry"  was  established. — Minutes,  1854,  pp.  506,  507.  By  the  Assembly  of  1856  the 
plan  was  more  fully  matured,  pp.  222-224 ;    see  also  1857,  pp.  388-392.    A  charter 


352  FORM    OF    GOVERNMENT,    CHAP.    XII. 

obtained  from  the  Legislature  of  New  York,  April  17,  1858,  was  accepted  and  approved 
by  the  Assembly.— 1858,  pp.  597,  598. 

For  the  charter  of  the  "  Permanent  Committee  on  Education  for  the  Ministry,"  see 
Moore's  Digest,  1886,  pp.  355,  356.] 

2.  The  Board  of  Education  of  the  reunited  Church. 
The  Joint  Committee  appointed  by  the  General  Assembly  of  the  Pres- 
byterian Church  to  adjust  the  affairs  of  the  "  Board  of  Education,"  and 
of  the  "  Permanent  Committee  on  Education,"  so  as  to  adapt  them  to 
the  new  condition  of  things  in  the  now  united  Church,  met,  according  to 
the  call  of  the  chairmen  of  the  respective  Committees,  in  the  rooms  of 
the  Board  of  Education  in  Philadelphia,  February  9,  and  also  again  at 
an  adjourned  meeting  May  18,  and  after  mature  consideration  they  have 
agreed  upon  and  recommend  the  following  Constitution  for  adoption  by 
the  General  Assembly: 

3.  Constitution  of  the  Board  of  Education. 

Article  I. 

Title.  — There  shall  be  a  Board  of  Education  under  the  corporate  title 
of  '*  The  Board  of  Education  of  the  Presbyterian  Church  in  the  United 
States  of  America." 

Article  II. 

Objects. — The  Board  of  Education  shall  be  the  organ  of  the  General 
Assembly  of  the  Church  for  the  general  superintendence  of  the  Church's 
work  in  furnishing  a  pious,  educated  and  efficient  ministry,  in  sufficient 
numbers  to  meet  the  calls  of  its  congregations,  to  supply  the  wants  of  the 
destitute  classes  and  regions  in  our  own  country,  and  to  go  into  all  the 
Avorld  and  preach  the  Gospel  to  every  creature.  It  .shall  provide  for  the 
collection  and  judicious  distribution  of  the  funds  which  may  be  requisite 
in  the  proper  education  of  candidates  for  the  ministry  under  its  care,  and 
it  shall,  in  cooperation  with  the  ecclesiastical  courts,  do  whatever  may 
be  proper  and  necessary  to  develop  an  active  interest  in  education  through- 
out the  Church. 

Article  III. 

Members. — The  General  Assembly  shall  elect  the  members  of  the 
Board.  The  Board  shall  consist  of  twelve  members  *  (besides  those  who 
shall  be  members  ex-offieio),  of  whom  six  shall  be  ministers  and  six  lay- 
men of  the  Presbyterian  Church.  The  members  shall  be  divided  into 
three  equal  classes,  consisting  of  two  ministers  and  two  laymen  each,  to 
serve  respectively  for  the  terms  of  one,  two  and  three  years.  At  any 
meeting  of  the  Board,  regularly  convened,  five  members  shall  constitute 
a  quorum  to  transact  business.  The  Board  shall  also  have  power  to  fill 
any  vacancy  by  resignation,  death  or  otherwise  until  the  next  meeting 
of  the  General  Assembly. 

Article  IV. 

Officers. — Section  1.  The  Board  shall  elect  its  officers  annually  by 
ballot.  They  shall  consist  of  a  President,  Vice-President,  Corresponding 
Secretary  and  Treasurer.  The  Corresponding  Secretary  and  Treasurer 
shall  be  ex-officio  members  of  the  Board.  All  other  officers  must  be  mem- 
bers of  the  Board  at  the  time  of  their  election.     The  Board  shall  have 

*  Increased  by  the  addition  of  one  minister  and  one  elder  to  each  class,  making  the 
Board  to  consist  of  eighteen  members  instead  of  twelve. — 1876,  p.  25. 


OF    THE    GENERAL   ASSEMBLY.  353 

power  at  any  of  its  i-egular  meetings,  to  fill  vacancies  which  may  have 
occurred  in  any  of  the  above  offices  by  death,  resignation  or  otherwise, 
when  due  notice  of  such  election  shall  be  given. 

Sec.  2.  The  Corresponding  Secretary  shall  be  the  executive  officer  of 
the  Boai-d.  He  shall  take  charge  of  the  office,  conduct  the  correspon- 
dence and  superintend  the  publications  of  the  Board,  prepare  the  regular 
business  for  its  meetings,  and  always  be  considered  as  its  official  organ. 
He  shall,  as  far  as  he  can,  visit  the  Synods  and  Presbyteries,  for  the 
purpose  of  awakening  their  interest  and  concentrating  their  energies  in 
this  work,  visit  the  students  aided  by  the  Board,  and  exercise  a  general 
supervision  over  them,  employ  the  means  necessary  to  bring  to  the  atten- 
tion of  young  men  the  claims  and  ends  of  the  ministry,  and  discharge 
such  other  duties  as  may  be  assigned  to  him  from  time  to  time  by  the 
Board,  in  furtherance  of  the  general  object  of  education  for  the  ministry. 
He  shall  also  have  authority  to  employ  such  assistance  as  in*  the  judgment 
of  the  Board  may  be  deemed  necessary. 

Sec.  3.  The  Treasurer  shall  have  charge  of  all  the  funds  of  the  Board, 
and  shall  disburse  the  same  under  its  direction.  He  shall  keep  a  com- 
plete register  of  the  students  under  the  care  of  the  Board,  and  an  account 
with  them  individually.  He  shall  give  bonds  for  the  proper  discharge 
of  his  duties. 

Article  V. 

Functions. — Section  1.  The  Board  shall  act  through  the  Presbyteries 
of  the  Church.  Candidates  for  the  ministry,  when  properly  examined 
and  received  by  the  Presbyteries  and  recommended  for  aid  to  the  Board, 
shall  receive  the  amount  specified  within  the  limits  prescribed  by  the  As- 
sembly, provided  in  all  cases  that  a  discretionary  power,  necessary  to  the 
general  trust  committed,  shall  be  exercised  by  the  Board,  and  the  Board 
shall  require  that  each  recommendation  shall  be  accompanied  with  such 
information  as  may  be  necessary  to  the  intelligent  and  judicious 
performance  of  its  duties. 

Sec.  2.  It  shall  exercise  a  general  supervisory  care  over  the  students, 
through  annual  renewals  of  recommendations  from  Presbyteries  and 
quarterly  reports  from  instructors,  through  the  correspondence  of  its 
Secretary  and  his  personal  visits  to  literary  and  theological  institutions 
and  the  judicatories  of  the  Church,  and  by  other  appropriate  instrumen- 
talities. 

Sec.  3.  It  shall  take  all  suitable  means  to  inform  the  Church  as  to  the 
duties  and  interests  relating  to  the  consecration  of  her  young  men  to  the 
office  of  the  ministry  and  their  sound  and  thorough  education,  and  to 
urge  the  effective  care  of  her  judicatories  over  them,  and  it  shall  make 
such  statements  and  appeals  as  are  calculated  to  secure  contributions 
sufficient  for  the  accomplishment  of  its  ends.  It  shall  make  a  full  annual 
report  of  its  work  to  the  General  Assembly. 

Article  VI. 

Relcdion  of  the  Presbyteries  to  the  Board. — It  shall  be  the  duty  of 
each  Presbytery  to  see  that  collections  are  taken  up  annually  for  this 
cause  in  all  the  churches  under  its  care;  to  make  the  increase  of  candi- 
dates for  the  ministry  a  topic  of  serious  consideration  in  its  meetings,  at 
least  once  a  year ;  to  appoint  a  Standing  Committee  to  act  for  the  Pres- 
bytery in  all  matters  pertaining  to  this  cause  when  it  is  not  in  session ;  to 

23 


354  FORM  OF  GOVERNMENT,  CHAP.  XII. 

recommend  to  the  Board  proper  cases  for  its  aid,  aud  to  make  an  annual 
report  of  the  transactions  of  the  Presbytery  on  the  whole  subject  to  the 
Board,  previous  to  the  meeting  of  the  General  Assembly, 

Article  VIL 

Duties  of  Synods.  —  It  shall  be  the  duty  of  the  Synods  to  call  up  this 
subject  annually,  to  inquire  what  the  Presbyteries  and  churches  under 
their  care  are  doing  in  relation  to  it,  and  to  adopt  such  measures  as  shall 
promote  the  interests  of  this  department  of  Christian  work. 

Article  VIII. 

By-Laws. — The  Board  shall  have  power  to  make  for  itself  all  necessary 
by-laws,  not  inconsistent  with  this  Constitution,  subject  to  the  approval 
of  the  General  Assembly. 

The  Joint  Committee  present  also  for  the  consideration  of  the  General 
Assembly  the  following  resolutions: 

1.  That  the  Secretary  shall  have  the  privilege  of  a  corresponding 
member  of  the  General  Assembly  in  the  discussion  of  all  matters  pertain- 
ing to  the  work  of  education.  > 

2.  That  the  Board  of  Education  shall  be  located  in  the  city  of  Phila- 
delphia, Pa. 

3.  It  is  recommended  to  the  General  Assembly  to  instruct  the  Board  of 
Education  to  take  such  legal  steps  as  are  necessary  to  secure  to  it  the 
present  property  of  the  Board  of  Education  located  at  Philadelphia,  and 
of  the  Permanent  Committee  located  at  New  York,  so  that  this  property, 
and  any  funds  with  which  either  is  or  may  be  entrusted,  or  Avhich  may 
hereafter  be  received  by  bequest  or  otherwise  for  purposes  of  ministerial 
education,  shall  be  managed  by  one  and  the  same  Board  and  its  succes- 
sors, as  trustees  thereof,  and  that  said  Board  have  authority  to  apply  for^ 
aud  obtain  a  charter  of  incorporation  or  such  modification  of  the  existing 
charter  as  they  may  deem  proper.  It  is  further  recommended  that  the 
organizations  of  the  ' '  Permanent  Committee  on  Education  ' '  and  the 
"  Board  of  Education  "  be  continued,  so  far  as  may  be  necessary  for  the 
purpose  of  holding  and  transferring  to  the  Board  of  Education,  as  arranged 
hj  the  present  General  Assembly,  such  funds  and  trusts  as  may  have 
been  or  shall  be  committed  to  them.     Adopted. — 1870,  pp.  81-84. 

4.  Act  of  incorporation  of  the  Board  of  Education, 

Legislature  of  Pennsylvania. 
An  Act  to  incorporate  The  Board  of  Education  of  the  Presbyterian  Church 
in  the  United  States  of  America,  and  to  make  them  tlie  successors  of  The 
.  Trustees  of  the  Board  of  Education  of  the  Presbyterian  Church  in  the 
United  States  of  America,  and  of  Tlie  Permanent  Committee  on  Educa- 
tion for  the  Ministry  of  the  General  Assembly  of  the  Presbyterian  Church 
in  the  United  States  of  America. 

Whereas,  The  two  religious  bodies  heretofore  existing,  each  under  the  name 
of  the  General  Assembly  of  the  Presbyterian  Church  in  the  United  States  of 
America,  have  united  the  congregations  under  their  care,  aud  the  General 
Assembly  of  the  Church  thus  united,  which  met  in  Philadelphia  on  the  nine- 
teenth day  of  May,  Anno  Domini  one  thousand  eight  hundred  and  seventy, 
and  which  is  the  legal  successor  of  both  the  former  bodies,  has  directed  that 
the  work  of  assisting  pious  young  men  in  their  education  for  the  ministry  of 
the  said  Church  shall  be  hereafter  carried  on  under  its  direction  by  one  Board, 
the  location  of  which  has  been  fixed  in  the  city  of  Philadelphia  ;  therefore. 

Section  1.  Be  it  enacted  by  the  Seuate  aud  House  of  Representatives  of  the 


OF    THE    GENERAL    ASSEMBLY.  35-) 

Commonwealth  of  Pennsylvania  in  General  Assemblj-  met,  and  it  is  hereby 
enacted  by  authority  of  the  same  :  That  Herrick  Johnson,  Elias  R.  Beadle, 
Thomas  J.  Shepherd,  Benjamin  L.  Agnew,  Peter  Stryker,  Alexander  Reed,. 
Morris  Patterson,  Samuel  Field,  Benjamin  B.  Comegys,  Henry  D.  Gregory, 
Benjamin  Kendall  and  James  F.  Gayley,  who  were  elected  at  the  said  meet- 
ing of  the  said  General  Assembly  in  May,  Anno  Domini  one  thousand  eight' 
hundred  and  seventy,  as  The  Board  of  Education  of  the  said  Church,  and 
their  successors,  are  hereby  constituted  and  declared  to  be  a  body  politic  and 
corporate,  which  shall  henceforth  be  known  by  the  name  of  The  Board  of 
Education  of  the  Presbyterian  Church  in  the  United  States  of  America,  and 
as  such  shall  have  perpetual  succession,  and  be  able  to  sue  and  be  sued  in  all 
the  courts  of  record  and  elsewhere,  and  to  purchase  and  receive,  take  and 
hold,  to  them  and  their  successors  for  ever,  lands,  tenements,  hereditaments, 
money,  goods  and  chattels  and  all  kinds  of  estates  which  may  be  devised,  be- 
queathed, convej'ed  or  given  to  them,  and  the  same  to  sell,  alien,  demise  and 
convey  ;  and  also  to  make  a  common  seal  and  the  same  to  alter  and  renew 
at  their  pleasure  ;  and  also  to  make  such  rules,  by-laws  and  ordinances  as  may 
be  needful  for  the  government  of  the  said  corporation,  and  not  inconsistent 
with  the  Constitution  and  laws  of  tlie  United  States  and  of  this  State  ;  Pro- 
mded  always,  That  the  clear  yearly  value  of  the  I'eal  and  personal  estate  held 
by  the  said  corporation  shall  not  at  any  time  exceed  the  sum  of  twenty  thou- 
sand dollars. 

Sec.  2.  The  corporators  above  named  shall  hold  their  oifice  until  their  suc- 
cessors are  duly  qualified  to  take  their  places,  who  shall  be  chosen  by  the  said 
The  General  Assembly  of  the  Presbyterian  Church  in  the  United  States  of 
America,  at  such  time  and  in  such  a  manner  as  it  shall  direct ;  Provided,  Not 
more  than  one-third  of  the  said  Board  shall  be  removed  in  any  one  year. 

Sec.  3.  The  Board  hereby  incorporated  and  their  successors  shall,  subject 
to  the  direction  of  the  said  General  Assembly  of  the  Presbyterian  Church  in 
the  United  States  of  America,  have  full  power  to  manage  the  funds  and  prop- 
erty committed  to  their  care  in  such  manner  as  shall  be  deemed  most  advan- 
tageous, not  being  contrary  to  law. 

Sec.  4.  That  the  Trustees  of  the  Board  of  Education  of  the  Presbyterian 
Church  in  the  United  States  of  America,  heretofore  incorporated  under  the 
laws  of  this  Commonwealth,  are  hereby  authorized  to  assign,  transfer  and 
convey  unto  the  corporation  established  by  this  act  all  the  properly,  estates 
and  rights  of  any  and  every  description  now  held  or  enjoyed,  or  which  mny 
hereafter  be  held  or  enjoyed  by  them,  b}^  virtue  of  any  grant,  gift,  bequest  or 
devise,  and  the  said  The  Board  of  Education  of  the  Presbyterian  Church  in 
the  United  States  of  America  hereby  established  shall  be  and  become  the  full 
legal  successor  of  all  the  corporate  rights,  franchises  and  privileges  now 
belouging  to  the  said  The  Trustees  of  the  Board  of  Education  of  the  Presby- 
terian Church  in  the  United  States  of  America,  and  shall  and  may  hold,  use 
and  enjoy  all  the  property,  estates  and  rights  assigned,  transferred  or  con- 
veyed, so  as  aforesaid,  in  the  same  manner  and  to  the  same  extent,  but  sub- 
ject to  the  same  limitations  and  trusts  as  the  said  The  Trustees  of  the  Board 
of  Education  of  the  Presbyterian  Church  in  the  United  States  of  America 
might  have  done,  and  shall  be  entitled  to  receive,  sue  for  and  recover  all  lega- 
cies or  devises  which  have  heretofore  been  or  may  hereafter  be  made  to  the 
said  The  Trustees  of  the  Board  of  Education  of  the  Presbyterian  Church  in 
the  United  States  of  America. 

Sec.  5.  That  in  case  the  requisite  power  shall  be  given  by  the  proper  author- 
ity of  the  State  of  New  York  to  the  said  The  Permanent  Committee  on  Educa- 
tion for  the  Ministry  of  the  General  Assembly  of  the  Presbyterian  Church  in 
the  United  States  of  America,  a  corporation  established  by  the  Legislature  of 
the  said  State  of  I*ew  York,  to  assign,  transfer  and  convey  unto  the  corpora- 
tion established  by  this  act  all  the  property,  estates  and  rights,  of  any  and 
every  description,  now  held  or  enjoyed,  or  which  may  hereafter  be  held  or 
enjoyed,  by  them,  by  virtue  of  any  grant,  gift  or  bequest  or  devise,  and  in 
case  the  said  proper  authority  of  the  State  of  New  York  shall  also  give  full 
power  to  the  corporation  hereby  established,  thereupon  to  be  and  become  the 
legal  successors  of  all  corporate  rights,  franchises  and  privileges  now  belong- 
ing to  the  said  The  Permanent  Committee  on  Education  for  the  Ministry  of 
the  General  Assembly  of  the  Presbyterian  Church  in  the  United  States  of 
America  to  all  intents  and  purposes,  the  said  corporation  hereby  established  is 
authorized  to  accept  and  receive  the  assignment,  transfer  and  conveyance 


356  FORM  OF  GOVERNMENT,  CHAP.  XII. 

made  as  aforesaid,  and  upon  such  assignment,  transfer  or  conveyance  being 
made,  and  also  upon  the  granting  of  power  by  the  proper  authority  of  the 
State  of  New  York  to  the  corporation  hereby  established  to  become  the  full 
legal  successors  as  aforesaid  of  the  said  Tlie  Permanent  Committee  on  Educa- 
tion for  the  Ministry  of  the  General  Assembly  of  the  Presbyterian  CJiurch  in 
the  United  States  of  America,  the  Board  of  Education  of  the  Presbyterian 
Church  in  the  United  States  of  America  hereby  established  shall  be  and 
become  the  full  legal  successors  of  all  the  corporate  rights,  franchises  and 
privileges  now  belonging  to  the  said  The  Permanent  Committee  on  Education 
for  the  Ministry  of  the  General  Assembly  of  the  Presbyterian  Church  in  the 
United  States  of  America,  and  may  and  shall  hold,  use  and  enjoy  all  the  prop- 
erty', estates  and  rights  assigned,  transferred  or  conveyed  so  as  aforesaid  in 
the"  same  manner  and  to  the  same  extent,  but  subject  to  the  same  limitations 
and  trusts,  as  the  said  The  Permanent  Committee  on  Education  for  the  Minis- 
try of  the  G.eneral  Assembly  of  the  Presbyterian  Church  in  the  United  States 
of  America  might  have  done,  and  shall  be  entitled  to  receive,  sue  for  and 
recover  all  legacies  and  devises  which  have  heretofore  been  or  may  hereafter 
be  made  to  the  said  The  Permanent  Committee  on  Education  for  the  Ministry 
of  the  Presbyterian  Church  in  the  United  States  of  America. 

James  H.  Webb, 
Speaker  of  the  House  of  Representatives. 

William  II.  Wallace, 

Speaker  of  the  Senate. 

Approved  the  twelfth  day  of  May,  one  thousand  eight  hundred  and  seventy- 
one. 

John  W.  Geary,  Governor. 

5.  Act  authorizing  the  transfer  of  property  of  the  Permanent  Committee 
on  Education  to  the  Board  of  Education. 

Legislature  of  New  York. 

An  Act  to  enable  "The  Permanent  Committee  on  Education  for  the  Ministry 
of  the  General  Assembly  of  the  Presbyterian  Church  in  the  United  States 
of  America"  to  transfer  its  property  to  the  new  Board  created  by  the 
General  Assemblj',  when  the  same  shall  have  been  incorporated,  and  to 
vest  in  such  new  incorporation  the  rights,  franchises  and  privileges  of 
the  former  body. 

The  people  of  the  State  of  New  York,  represented  in  Senate  and  Assembly, 
do  enact  as  follows  : 

Section  1.  The  said  "Permanent  Committee  on  Education  for  the  Ministry 
of  the  General  Assembly  in  the  United  States  of  America"  are  hereby  author- 
ized and  empowered  to  assign,  transfer  and  convey  to  the  said  The  Board  of 
Education  of  the  Presbyterian  Church  in  the  United  States  of  America,  when- 
ever the  same  shall  have  become  duly  incorporated,  all  the  property,  estates 
and  rights  of  any  and  every  description  now  held  or  enjoyed,  or  which  may 
hereafter  be  held  or  enjoyed,  by  them,  by  virtue  of  any  grant,  gift,  bequest 
or  devise,  and  the  said  The  Board  of  Education  of  the  Presbyterian  Church 
in  the  United  States  of  America,  whenever  the  same  shall  have  become  duly 
incorporated  as  aforesaid,  shall  thereupon  be  and  become  the  full  legal  succes- 
sors of  all  the  corporate  rights,  franchises  and  privileges  jiow  belonging  to 
the  said  "The  Permanent  Committee  on  Education  for  the  Ministry  of  the 
General  Assembly  of  the  Presbyterian  Church  in  the  United  States  of 
America." 

Sec.  2.  This  Act  shall  take  effect  whenever  the  several  persons  elected  at 
the  meeting  of  the  General  Assembly  of  the  Presbyterian  Church,  in  May, 
eighteen  hundred  and  seventy,  as  the  Board  of  Education,  shall  have  been 
duly  incorporated. 

Approved  the  twentieth  day  of  April,  Anno  Domini  one  thousand  eight 
hundred  and  seventy-one. 

John  T.  Hoffman,  Oovernor. 


OF   THE   GENERAL    ASSEMBLY.  357 

State  of  New  York,  } 

Office  op  the  Secretary  of  State,  ^  '  ' 

I  have  compared  the  preceding  with  the  origiDal  hiw  on  file  in  this  office, 
and  do  hereby  certify  that  the  same  is  a  correct  transcript  therefrom,  and  of 
the  whole  of  said  original  law. 

Oiven  under  my  hand  and  seal  of  office  at  the  city  of  Albany, 
L.S.  this  eighth  day  of  May,  in  the  year  one  thousand  eight  hun- 

dred and  seventy-one. 

D.  WiLiiERS,  Jr.,  Deputy  Secretary  of  State. 

6.  Rules.    Candidates  for  the  ministry. 

(1)  Dependence  of  the  Board  of  Education  upon  the  Presbyteries 
of  the  Church. 

1.  The  Board  of  Education  shall  receive  and  aid  candidates  for  the 
ministry  of  the  Gospel  only  upon  the  recommendation  of  a  Presbytery 
of  the  Church;  and  the  Presbytery  is  responsible  for  their  examination, 
subsequent  care,  and  the  designation  of  the  annual  amount  of  aid  to  be 
granted  to  them,  within  the  limits  set  by  the  General  Assembly. 

2.  The  Board  will  in  each  case  look  especially  to  the  Education  Commit- 
tee of  the  Presbytery  for  filling  out  and  forwarding  the  form  of  recom- 
mendation required  for  the  reception  of  a  candidate,  and  also  for  the 
pastoral  care  of  the  same,  until  his  eutrance  upon  his  official  duties. 

3.  As  a  general  rule,  the  Board  will  receive  any  young  man  of  whose 
examination  and  recommendation  in  conformity  with  its  requirements 
proper  notification  has  been  given;  but  it  shall  be  at  liberty  to  refuse' 
new  candidates  beyond  its  ability  to  support  them;  and  it  will  not  give 
aid  to  students  from  the  foreign  missionary  field  unless  they  have  been 
recommended  by  our  foreign  missionaries  abroad,  or  have  come  to  study 
in  this  country  by  a  special  invitation  given  from  this  Board  upon  the 
request  of  other  duly  recognized  Church  authorities,  or  of  missionaries 
resident  on  the  fields  from  which  they  come. 

(^)  Reception  of  candidates. 

1 .  The  encouragement  of  a  young  man  to  enter  the  Gospel  ministry  is 
a  matter  of  serious  concern  both  to  himself  and  to  the  Church ;  and  it 
should  be  given  only  by  those  who  have  proper  knowledge  of  his  mental 
and  moral  character,  accompanied  with  much  counsel  and  prayer,  and 
directly  by  a  single  desire  for  the  glory  of  God.  Every  candidate  should 
join  that  Presbytery  to  which  he  would  most  naturally  belong ;  and  he 
should  be  introduced  to  it  either  by  his  pastor  or  by  some  member  of  the 
Education  Committee  after  such  acquaintance  as  will  warrant  his  taking 
the  responsibility  of  so  doing. 

2.*The  Presbytery,  in  examining  students  with  a  view  to  their  recom- 
mendation for  aid,  must  embrace  such  points  as  are  indicated  by  the 
following  questions,  to  which  definite  answers,  by  the  direction  of  the 
Assembly,  will  invai'iably  be  required  by  the  Board:  Give  name  of  can- 
didate in  full.  Age  ?  Residence  ?  Has  Presbytery  (or  the  Education 
Committee  in  the  interim  between  the  meetings  of  Presbytery)  examined 
him  on  the  following  points,  and  were  his  answers  satisfactory : — Piety  ? 
Motives  for  seeking  the  ministry  ?  Talents  ?  Health  ?  Promise  of  prac- 
tical efficiency  ?  Is  he  free  from  expensive  and  injurious  habits  ?  How 
long  has  he  been  a  communicant  in  a  Presbyterian  church  ?     Give  the 

*  This  rule  is  as  altered  in  1897.    See  Minutes,  1897,  p.  3-3,  ?  2. 


358  FORM    OF   GOVERNMENT,    CHAP,    XII. 

name  of  the  chui'ch.  If  in  an  academy,  give  name  of  academy  and  class. 
If  in  college,  or  ready  to  enter,  give  name  of  college  and  class.  If  in 
seminary,  or  ready  to  enter,  give  name  of  seminary  and  class.  If  in  a 
theological  seminary,  has  he  pursued  a  full  collegiate  course  ?  If  so, 
give  the  name  of  the  college  of  which  he  is  a  graduate.  If  not  a  college 
graduate,  has  he  had  the  equivalent  of  a  college  course  ?  If  so,  send  a 
Retailed  statement  of  his  previous  studies  and  career.  Has  he  been 
recommended  to  Presbytery  by  his  church  Session  ?  Can  he  recite  the 
AVestminster  Shorter  Catechism  ?  What  is  the  smallest  arhount  required 
to  meet  his  really  necessary  expenses  to  the  end  of  the  fiscal  year,  viz. , 
April  1  ?  Has  he  read  a  copy  of  the  rules  ?  Does  he  accept  the 
requirements  contained  in  them  ?     At  a  meeting  of  the  Presbytery  of 

(or  of  the  Education  Committee)  held  at  on  the 

day  of  18     J  the  candidate  for  the  ministry  named  above,  having 

been  satisfactorily  examined  as  to  the  points  indicated  by  the  foregoing 
questions,  was  recommended  to  the  Board  of  Education  for  aid  to  the 
amount  specified.     Signed  by  Chairman  Educational  Committee. 

8.  No  candidate  shall  be  received  by  the  Board  who  has  not  been  a 
member  of  the  Presbyterian  Church,  or  of  some  closely  related  body,  for 
at  least  one  year ;  who  has  not  been  recommended  to  the  Presbytery  by 
the  Session  of  the  church  of  which  he  is  a  member;  and  who  is  not 
sufficiently  advanced  in  study  to  enter  college,  except  in  extraordinary 
cases. 

(<9)  Scholarships. 

1 .  The  annual  scholarships  to  candidates  shall  be  the  same  in  amount  for 
theological  and  collegiate  students,  and  not  exceed  $150;  for  those  in 
the  preparatory  course  the  amount  shall  not  exceed  $100. 

2.  These  scholarships  shall  be  paid  to  a  student  only  on  the  reception 
of  particular  and  satisfactory  reports  from  his  professors,  embracing  the 
following  points:  Christian  character?  Scholarship?  Rhetorical  abil- 
ity ?     Punctuality  ?     Economy  ? 

3.  The  Board  may  increase  or  diminish,  in  a  general  ratio,  the  scholar- 
ships in  case  of  unusual  surplus  or  deficiency  in  funds. 

4.  No  payment  shall  be  made  in  advance.  Each  payment  shall 
be  acknowledged  by  a  receipt  signed  by  the  candidate,  or  by  the 
person  authorized  by  him  to  receive  it.  And  this  receipt  shall  contain  a 
pledge  to  return  the  amount  given,  with  interest,  in  case  he  of  his  own 
accord  turn  aside  from  his  ministerial  calling. 

5.  In  order  to  suit  the  period  when  the  students  most  need  assistance, 
and  when  the  reports  from  professors  can  be  most  satisfactorily  made, 
the  reports  shall  ordinarily  be  made  on  the  first  days  of  October,  Janu- 
ary and  April.  The  payments  of  a  student  whose  recommendation  is 
made  at  any  time  between  those  days  may  be  expected  to  commence  at 
the  date  of  it. 

6.  The  Board  will  in  no  case  be  responsible  for  the  debts  of  students; 
but  it  is  expected  of  them  that  the  scholarship  shall  be  first  appHed  to 
the  payment  of  tuition  and  boarding. 

7.  The  payments  to  the  candidates  shall  cease  regularly  at  the  close  of 
the  collegiate  year;  or  earlier,  when  the  time  for  which  they  were  recom- 
mended by  the  Presbytery  has  expired ;  and  also  as  soon  as  it  is  deter- 
mined that  they  are  suffering  from  prolonged  ill  health  which  may  unfit 


OF    THE   GENEKAL   ASSEMBLY.  359 

them  for  the  work  of  the  niiuistry ;  or  as  soon  as  their  private  circum- 
stauces  enable  them  to  dispense  with  assistance ;  and  if  they  have  been 
manifestly  improvident,  or  have  contracted  debts  without  reasonable 
prospect  of  payment,  or  if  they  have  married  since  the  last  payment,  or 
if  they  have  received  assistance  from  any  other  educational  Board  or 
Society,  the  entire  three  moutlis'  appropriation  shall  be  forfeited. 

8.  The  sums  of  money  appropriated  by  the  Board  shall  be  refunded 
to  it,  with  interest,  in  case  a  student  fails  to  enter  on,  or  continue  in, 
the  work  of  the  ministry  (unless  it  appears  that  he  is  providentially 
prevented);  or  if  he  ceases  to  adhere  to  the  Standards  of  the  Presbyte- 
rian Church ;  or  if  he  changes  his  place  of  study  contrary  to  the  direc- 
tions of  the  Presbytery,  or  continues  to  prosecute  his  studies  at  an 
institution  not  approved  by  it  or  by  the  Board;  or  if  he  withdraws  his 
connection  from  the  Cliurch  of  which  this  Board  is  the  organ,  without 
furnishing  a  satisfactory  reason. 

9.  A  scholarship  afforded  by  the  Presbyterian  Church,  through  the 
Board  of  Education,  is  not  to  be  given  or  regarded  as  a  loan,  to  be 
refunded  by  those  who  comply  Avith  these  rules  and  regularly  enter  the 
ministry,  but  as  her  cheerful  contribution  to  facilitate  and  expedite  their 
preparation  for  it;  and  they  are  only  obliged  by  it  to  a  warmer  interest 
in  her  efforts  for  the  advancement  of  the  Redeemer's  kingdom,  and 
especially  to  the  use  of  the  means  necessary  to  instruct  and  stimulate  her 
members  in  the  duty  of  multiplying  and  sending  forth  preachers  of  the 
Gospel  of  salvation  to  all  the  world. 

10.  While  the  Church,  in  providing  scholarships  for  her  candidates, 
makes  no  specific  conditions  as  to  the  particular  kind  of  service  in  the 
ministry  which  they  will  be  expected  to  render  upon  the  completion  of 
their  theological  training,  nor  as  to  the  character  or  situation  of  the  place 
where  they  shall  labor,  nevertheless  her  judgment  is  that  they  ought  to 
cultivate  a  missionary  spirit  as  Christlike,  apostolic  and  timely ;  and  that 
it  would  be  highly  becoming  in  them,  under  all  ordinary  circumstances,  to 
offer  their  services  at  the  conclusion  of  their  education,  for  work  in  mis- 
sionary fields;  ever  remembering  the  abounding  destitution  in  our  own 
countr}^  as  well  as  in  foreign  lands  ;  the  peculiar  fitness  of  young  men 
for  such  work;  the  honor,  privilege  and  advantage  pertaining  to  it;  the 
natural  expectations  of  the  Church  which  has  trained  them  in  the  hope 
that  they  would  endure  hardness  as  good  soldiers;  and,  above  all,  the 
spirit  of  the  last  command  of  our  ascended  Lord. 

(4)    Ca7'e  of  candidates. 

1.  Candidates  are  required,  except  in  extraordinary  cases,  and  then 
only  with  the  explicit  permission  of  their  Presbyteries,  to  pursue  a 
thorough  course  of  study,  preparatory  to  that  of  theology,  in  institutions 
that  sympathize  with  the  doctrinal  teachings  of  the  Presbyterian  Church ; 
and,  when  prepared,  to  pursue  a  three  years'  course  of  theological  studies 
in  some  seminary  connected  with  the  same  Church,  and  no  work  of 
preaching  is  allowed  to  interfere  with  the  diligent  and  faithful  prosecution 
of  their  prescribed  studies  until  the  close. 

2.  The  Board  can  rely  only  upon  the  Education  Committee  of  each 
Presbytery  for  the  regular  care  of  its  own  candidates,  which  should 
include  the  constant  exercise  of  a  parental  oversight  over  them  in  spiritual 
things,  and  the  bestowment  of  the  counsel  they  need  as  to  their  mode  of 
preparation,  their  place  of  study,  their  trials,  and  the  occupation  of  their 


360  FORM  OF  GOVERNMENT,  CHAP.  XII. 

time,  while  not  engaged  in  study,  in  employments  which  will  tend  to 
qualify  them  for  effective  usefulness  as  pastoi*s  or  evangelists. 

3.  The  Board  shall  assist  the  Presbytery  in  its  care  of  candidates,  by 
furnishing  annually  to  the  Education  Committee,  a  summary  of  informa- 
tion from  the  professors'  reports  as  to  the  standing  of  each  student;  and 
the  Corresponding  Secretary  shall  exercise  a  general  supervisory  care  over 
them,  also  visit  and  address  them,  when  practicable,  at  the  institution 
where  they  are,  in  regard  to  their  duties  and  the  claims  of  the  office 
which  they  have  in  view. 

4.  The  recommendation  of  each  candidate  must  be  annually  renewed 
by  his  Presbytery,  if  possible,  at  the  spring  meeting,  in  connection  with 
one  from  the  Session  of  the  church  of  which  he  is  a  member,  and  a 
specification  must  be  made  of  the  amount  needed  by  him ;  and  until  the 
notification  of  these  points  has  been  received,  a  student  will  not  be 
considered  as  upon  the  roll  for  the  year. 

5.  Recommendations,  or  renewals  of  them,  made  by  an  Education 
Committee  in  the  interim  of  the  sessions  of  a  Presbytery,  shall  be  received 
as  sufficient,  provided  its  action  is  reported  to  the  Presbytery  at  the  next 
session,  and  not  countermanded  to  the  Board. 

6.  If,  at  any  time,  there  be  discovered  in  a  student  such  defect  in 
capacity,  diligence,  and  especially  in  piety,  as  would  render  his  introduc- 
tion into  the  ministry  a  doubtful  measure,  it  shall  be  the  sacred  duty  of 
the  Board  to  communicate  without  delay  the  information  received  to  the 
Education  Committee  of  his  Presbytery ;  and  if,  on  careful  inquiry  on 
the  part  of  the  Presbytery,  no  satisfactory  explanation  of  the  defect  can 
be  obtained,  or  if  no  response  be  received  by  the  Board  from  the  Pres- 
bytery or  from  its  Committee  on  Education  within  the  current  quarter,  it 
shall  be  the  duty  of  the  Board  to  withdraw  its  aid  altogether. 

7.  Special  care  should  be  exercised  by  the  Presbytery  in  the  examina- 
tion of  students  who  are  about  to  enter  upon  the  theological  cour.se, 
according  to  the  instructions  of  the  Form  of  Government  (Chap,  xiv^ 
Sec.  iii)  ;  and  this  examination  should  be  conducted  by  the  Presbytery, 
and  be  entirely  satisfactory  as  to  the  ' '  real  piety  ' '  of  the  students 
"  and  the  motives  which  have  influenced  them  to  desire  the  sacred 
office, ' '  before  they  are  allowed  to  take  the  final  step  towards  assuming 
its  great  responsibilities. 

8.  The  annual  report,  occasional  publications  of  this  Board,  and  a 
copy  of  the  Confession  of  Faith,  shall  be  sent  gratis  to  all  students  under 
its  care  who  request  them. 

(5)   Particular  duties  of  candidates. 

1 .  Inasmuch  as  the  great  aim  of  the  Church,  in  the  establishment  of 
the  Board  of  Education,  is  the  increase  of  holy  and  faithful  preachers  of 
the  Gospel,  the  young  brethren  who  look  to  this  work  are  earnestly  and 
affectionately  reminded  that  all  intellectual  acquisitions  are  of  little  value 
without  the  cultivation  of  piety,  and  that  they  are  expected  and  required 
to  pay  special  attention  to  the  practical  duties  of  religion,  such  as  read- 
ing the  Scriptures;  secret  prayer  and  meditation;  occasional  acts  of 
special  consecration  of  themselves  to  Christ  and  to  His  service,  as  their 
Redeemer  and  as  the  Lord  of  all ;  attendance  at  regular  meetings  on  the 
Sabbath  and  during  the  week;  endeavoi-s  to  promote  the  salvation  of 
others;  and  the  exhibition  at  all  times  of  a  pious  and  consistent  exanqjle. 

2.  Inasnuich  as  the  scholarships  granted  by  the  Board  will  necessarily 


OF   THE   GENERAL    ASSEMBLY.  361 

fall  short  of  a  fall  support  of  the  students,  it  will  be  expected  that  they 
aud  their  frieuds  will  make  all  proper  exertions  to  supply  whatever  may 
be  wanting. 

3.  When  a  student  shall  find  it  necessary  to  relinquish  study  for  a 
time,  in  order  to  increase  his  means  for  support,  by  teaching  or  other- 
wise, he  shall  first  obtain  the  consent  of  the  Education  Committee  of  the 
Presbytery,  or  of  the  Board ;  and  if,  when  given,  he  shall  not  be  absent 
from  study  more  than  three  months,  his  scholarship  will  be  continued ; 
but  if  longer,  it  will  be  discontinued,  or  continued  in  part  according  to 
circumstances. 

4.  It  shall  be  the  duty  of  each  candidate  connected  with  the  Board  to 
report  himself,  soon  after  the  meeting  of  the  General  Assembly,  to  the 
p]ducation  Committee  of  his  Presbytery,  as  to  his  progress,  wants  and 
prospects ;  and  when  any  of  the  requisitions  of  the  Board  which  affect 
him  may  not  be  carried  out  by  teachers  or  others,  it  becomes  his  duty  to 
see  that  they  are  attended  to,  that  delays  and  losses  to  himself  may  be 
prevented. 

5.  The  reception  of  a  scholarship  by  a  student  shall  be  considered  as 
expressing  a  promise  to  comply  with  all  the  rules  and  regulations  of  the 
Board. 

(6)   Exceptional  Cases. 

1.  The  Board  will  not  ordinarily  take  under  its  care  as  candidates  for 
the  ministry  any  who  have  not  completed  a  course  preparatory  to  college. 
If  exceptional  cases  are  recommended  by  Presbyteries  the  Board  should  be 
certified  that  there  has  been  a  season  of  thorough  trial  and  approval  under 
competent  teachers^  through  two  or  three  years. 

2.  Such  students  are  not  to  expect  the  benefit  of  scholarships  for  more 
than  two  years  before  entering  college. 

7.  Plan  for  the  encouragement  of  a  missionary  spirit  in  candidates. 

1.  The  Board  of  Education  is  hereby  directed  to  use  its  influence  to 
incline  the  candidates  under  its  care,  at  the  conclusion  of  their  studies  in 
preparation  for  the  holy  ministry,  to  offer  their  services,  under  all  ordi- 
nary circumstances,  for  missionary  labor  for  a  longer  or  shorter  period  of 
time  as  the  providence  of  God  may  indicate. 

And  further,  in  order  effectively  to  bring  this  influence  to  bear  upon 
its  candidates,  the  Board  is  hereby  authorized  to  add  the  following  to  its 
rules  relating  to  candidates  for  the  ministry. 

"III.   Scholarships.— 10." 

[Note— See  Rule  10,  on  p.  359.] 

2.  It  is  hereby  made  the  duty  of  the  Board,  through  its  Correspond- 
ing Secretary,  by  correspondence  with  the  candidates,  the  Education  and 
the  Mission  Committees  of  Presbyteries,  Synodical  Superintendents,  and 
the  Board  of  Home  Missions,  and  the  Mission  Committees  of  Synods,  to 
bring  about,  to  as  large  a  degree  as  possible,  the  employing  of  the  proba- 
tioners of  the  Church  in  missionary  labor  at  the  conclusion  of  their 
studies. 

3.  Each  Theological  Seminary  is  hereby  requested  to  cooperate  in  this 
plan  by  so  ordering  the  course  of  instruction,  and  the  general  life  of 
the  seminary,  as  to  put  increased  emphasis,  if  possible,  upon  the  dignity, 
privilege,  and  preeminent  importance,  in  this  crisis  of  the  world's  history, 
of  missionary  labor ;  and  to  use  its  influence  to  incline  the  young  men 


362 


FORM    OF    GOVERNMENT,    CHAP.    XII. 


whom  it  has  under  its  care,  without  distinction,  to  a  willingness  to  conse- 
crate the  strength  and  zeal  of  their  early  manhood  to  a  task  so  appropri- 
ate to  men  in  their  situation,  and  so  rich  with  promise  of  large  resujts. 

4.  The  Presbyteries  are  hereby  requested  to  cooperate  by  making 
themselves  acquainted,  through  the  Board  of  Education  and  the  authori- 
ties of  the  theological  seminaries,  or  otherwise,  with  the  number  and  qual- 
ifications of  the  candidates  who  are  prepared  to  offer  themselves  for  mis- 
sionary service,  and,  as  far  as  possible,  to  employ  them  promptly  upon 
the  conclusion  of  their  studies  ;  that  thus  efficient  measures  may  be  taken 
to  supply  some  at  least  of  our  destitute  mission  fields,  and  to'  make  use 
without  delay  of  the  men  whom  the  Church  is  at  so  much  pains  to 
educate. 

IV.    THE  BOARD  OF  PUBLICATION  AND  SABBATH -SCHOOL  WORK. 

1.  History. 

In  1838,  the  Assembly,  0.  S.,  Resolved,  That  the  General  Assembly 
will  superintend  and  conduct  by  its  own  proper  authority  the  work  of 
furnishing  the  churches  under  its  care  with  suitable  tract  and  Sabbath- 
school  publications,  by  a  Board  appointed  for  that  purpose,  and  directly 
amenable  to  said  Assembly. — 1838,  p.  23,  O.  S. 

LNoTE.— The  plan  as  adopted  may  be  found  in  the  DUjest,  1886,  pp.  433-435.  In  1852 
the  Assembly,  N.  S.,  appointed  a  Standing  Committee' on  Publication,  Minutes,  ISo'I, 
p.  176,  N.  S. ;  1853,  p.  330,  N.  S.  ;  1856,  p.  214,  N.  8.  ;  1860,  pp.  246-248.  See  Moore'.s 
new  Digest,  1861,  pp.  394-404,  and  DiyeM,  1886,  p.p.  435,  436.  In  1855,  p.  13,  N.  S.,  tlie 
name  was  changed  to  "The  Presbyterian  PubUcation  Committee."  The  trustees  of 
the  Presbyterian  House  were  authorized  and  directed  to  act  as  trustees  of  the  Publi- 
cation Committee. — 1857,  p.  410,  N.  S.] 

2.  The  Board  of  Publication  organized,  1870. 

The  unfinished  business,  viz.,  the  report  of  the  Joint  Committee  on 
Publication,  was  resumed,  and,  after  amendment,  was  -^  adopted  as 
follows,  viz. : 

The  Special  Committee  of  five  from  each  of  the  recent  branches  of  the 
Church,  appointed  ' '  to  take  into  consideration  the  affairs  ' '  of  the  Pub- 
lication Board  and  Committee  of  said  branches,  and  to  "  recommend  to 
the  Assembly  of  the  united  Church  what  changes  are  required  "  in  said 
Board  and  Committee,  respectfully  report: 

That  they  have  endeavored  to  give  the  matter  referred  to  them  that 
earnest  and  prayerful  consideration  Avhich  its  importance  demands. 

They  regard  the  work  of  the  Church  to  be  prosecuted  through  this 
agency  as  scarcely  second  to  that  of  any  of  our  Boards.  It  is  not  only 
closely  related  to  our  missionary  enterprises,  but  is  itself,  in  many  of  its 
aspects,  a  missionary  work.  Its  aim  is  the  dissemination  of  vital  truth, 
both  among  congregations  already  established  and  among  the  people  'vho 
are  never  reached  by  the  heralds  of  salvation.  It  is  at  once  auxiliary 
to  the  ministry  and  of  itself  a  ministry.  Every  tract  is,  or  should  be,  a 
message  from  God.  Eveiy  Sunday-school  book  should  be  a  preacher  of 
righteousness. 

To  effect  this  work  involves  a  liberal  use  of  money,  of  mind,  and  of 
every  resource  committed  by  God  to  imman  hands. 

The  first  necessity  is  a  central  house  of  publication,  which  should  be 
endowed  with  every  appliance  needed  for  the  preparation  and  the  diffusion 
of  religious  literature.  Economy,  of  course,  should  be  studied.  It  is 
not,  in  our  view,  essential  that  large  sums  be  invested  in  the  machinery 


OF   THE   GENERAL    ASSEMBLY.  363 

of  publication,  such  as  presses  and  binderies.  The  use  of  this  machinery 
can  be  commanded  without  purchase.  But  it  is  essential  that  a  proper 
house  be  provided  for  the  transaction  of  the  business  of  this  agency,  and 
for  the  issue  and  circulation  of  its  literature.  The  buildings  erected  for 
this  purpose,  and  now  under  the  control  of  the  Assembly,  are  wholly  inad- 
equate. Both  are  small  and  ill-arranged.  Neither  has  been  found 
sufficient  for  the  wants  of  the  Church  as  divided;  the  work  before  the 
Church  as  united  will  be  vastly  greater  than  has  ever  yet  been  attempted. 
It  is  believed  also,  that,  so  far  as  possible,  all  the  operations  of  the 
united  Church  conducted  from  Philadelphia  .should  be  concentrated 
under  one  roof.  The  house  of  publication  should  be  virtually  a  Presby- 
terian house,  a  centre  and  a  home  for  the  denomination,  a  rallying -point 
for  all  the  interests  of  the  Church  which  the  Assembly  in  its  wisdom  may 
localize  in  this  city.  The  advantages  of  such  a  concentration  in  facili- 
tating the  transaction  of  the  business  of  the  Church,  in  promoting  the 
general  convenience,  and  in  fostering  a  proper  denominational  life  and 
spirit,  are  too  obvious  to  require  remark.  But  to  effect  this  a  new  and 
extensive  building  must  be  erected ;  and  it  is  believed  that  the  recogni- 
tion of  this  necessity  by  the  Assembly  will  so  enlist  the  sympathy  of  the 
Church  as  to  secure  the  ready  accomplishment  of  the  plan  submitted  in 
the  subjoined  resolutions. 

The  second  necessity  is  an  efficient  Board  and  proper  officers.  The 
Board  should  be  constituted,  we  believe,  of  a  comparatively  small  num- 
ber of  thoroughly  practical,  wise  and  energetic  men,  all  of  whom  can  be 
relied  upon  to  attend  the  meetings  of  the  Board,  and  to  devote  their 
personal  attention  to  its  operations.  This  number  should  be  larger  than 
may  be  required  by  the  other  Boards  of  the  Church,  inasmuch  as  its 
work  will  necessitate  several  sub-Committees.  It  should  be  also  somewhat 
larger  than  may  be  required  by  the  constitution  of  these  sub-Committees, 
in  order  that  vacancies  in  the  Committees  themselves  may  be  readily 
filled  by  men  of  experience,  and  in  order  that  perplexing  questions  may 
be  submitted  to  the  wisdom  of  a  full  council ;  yet  the  number  should  not 
be  so  large  as  to  weaken  a  sense  of  individual  responsibility. 

Experience  has  pi'oved  that  a  few  men,  each  of  whom  can  be  easily 
reached,  all  of  whom  have  a  vital  interest  in  the  trusts  confided  to  them, 
will  perform  any  given  labor  more  efficiently  than  a  large  Board  whose 
members  are  so  diffused  as  to  be  seldom  collected,  or  as  to  forget  the 
claims  of  a  duty  whose  immediate  field  is  far  away. 

The  officers  of  this  Board  should  be  men  adapted  to  their  sphere,  care- 
fully selected,  in  number  sufficient  to  conduct  the  business  placed  in  their 
hands,  and  so  remunerated  that  they  can  devote  their  entire  time  and 
energies  to  the  work.  The  Board  should  also  be  empowered  to  employ 
such  other  assistants  as  in  their  judgment  may  be  required. 

The  third  necessity  is  the  maintenance  of  a  force  of  colporteurs  suffi- 
ciently large  to  reach  the  outlying  population  of  the  land  by  the  Gospel, 
and  to  prepare  the  way  for  the  establishment  of  churches  wherever  they 
may  be  made  permanent  and  effectual.  Provision  should  also  be  made 
for  the  supply  of  Sunday-school  libraries  and  of  the  general  literature  of 
the  Board  on  the  liberal  terms  of  an  enlarged  Christian  benevolence. 

The  fulfillment  of  these  conditions  will  be  found  to  require  some 
changes,  notwithstanding  the  admirable  manner  in  which  this  work  has 
been  conducted  hitherto.  Our  beloved  Church  has  already  accom- 
plished so  much  in  the  direction  indicated  that  we  can  refer  to  .its  past 


364  FORM  OF  GOVERNMENT,  CHAP.  XII. 

operatious  with  just  thanksgiving;  but,  while  we  think  no  great  and 
radical  changes  in  this  department  of  our  Christian  work  are  desirable,  the 
day  has  now  come  for  an  enlargement  of  all  our  plans — a  fresli  and  more 
vigorous  movement  in  the  development  of  a  spirit  of  enterprise  for  Christ. 

God's  promises  were  always  full.  His  providence  now  calls  us  t(j  new 
faith  in  the  promises,  and  to  a  new  consecration  to  that  work  with  whicii 
the  fulfillment  of  the  sure  and  glorious  propliecy  is  associated. 

We  therefore  respectfully  recommend  the  adoption,  by  this  General 
Assembly,  of  the  following  resolutions  as  comprehending  the  changes  in 
our  judgment  required  in  order  to  the  union  and  reorganization  of  the 
Presbyterian  Board  of  Publication  and  the  Presbyterian  Publication 
Committee,  viz. : 

Resolved,  1.  The  said  Board  and  Committee  are  hereby  united  under 
the  name  and  title  of  the   "  Presbyterian  Board  of  Publication." 

2.  The  said  Board  shall  henceforth  be  composed  of  forty-eight  mem- 
bers, one-half  of  whom  shall  be  ministers  and  one-half  laymen.  These 
members  shall  be  divided  into  three  classes,  one  class  containing  eight 
ministers  and  eight  laymen,  after  the  present  year  to  be  elected  annually 
by  the  General  Assembly  for  a  term  of  three  years. 

3.  In  order  to  an  immediate  and  thorough  reorganization  of  the 
Board,  all  persons  now  members  of  the  Board  and  the  Committee  are 
discontinued,  and  their  membership  ceases,  and  the  following  persons, 
taken  in  equal  numbers  from  each  of  the  late  branches,  are  recommended 
to  fill  the  three  classes. 

For  the  class  whose  term  shall  expire  in  May,  1871: 

Ministers — Alexander  Reed,   D.D.,  J.  Grier  Ralston,  D.D.,    Robert 

M.    Patterson,    Thomas    Murphv,    Peter   Stryker,    D.D.,    Stephen    W. 

Dana,  Richard  H.  Allen,  D.D.,"  William  T.  Eva. 

Laymen — Henry   E.    Thomas,    John    Sibley,    James  T,    Young,    H. 

Lenox  Hodge,  M.D.,  Edward  R.  Hutchins,  M.D.,  William  L.  Hilde- 

burn,  William  E.  Camp,  Horatio  B.  Lincoln. 

For  the  class  whose  term  shall  expire  in  May,  1872: 

Ministers — George    F.    Wiswell,    D.D. ,    John    W.    Dulles,     Daniel 

March,    D.D.,  H.  x\ugustus  Smith,    Willard  M.  Rice,  D.D.,  F.  Reck 

Harbaugh,  Matthew  B.  Grier,  D.D.,  Matthew  Newkirk. 

Laymen — George  W.    Simons,    Joseph  Allison,    LL.D.,    Henry    M. 

Paul,  Edward  Miller,  James  Ross  Snowden,  John  D.  McCord,  Gilbert 

Combs,  Gustavus  S.  Benson. 

For  the  class  whose  term  shall  expire  in  May,  1873: 

Ministers — William  P.    Breed,    D.D.,    William    E.  Schenck,   D.D., 

David  A.  Cunningham,  Benjamin  L.  Agnew,  Zephaniah  M.  Hum- 
phrey, D.D.,  William  E.   Moore,  Thomas  J.  Shepherd,  D.D.,  Herrick 

Johnson,  D.D. 

Laymen — Morris  Patterson,   Winthrop  Sargent,  Archibald  Mclntyre, 

George  Junkin,  Samuel  C.  Perkins,  William   E.  Tenbrook,  Robert  N. 

Willson,  Alexander  Whilldin. 

4.  The  said  Board  shall  hold  at  least  four  regular  meetings  in  the 
course  of  each  year,  in  the  months  of  June,  October,  January  and 
April.  Its  first  meeting  shall  be  held  at  821  Chestnut  street,  at  four 
o'  clock  P.  M. ,  on  the  second  Tuesday  of  June  of  the  present  year. 

5.  The  executive  oflScers  of  the  Board  shall  be  a  Secretary  or  Secre- 
taries, whose  titles  and  duties  shall  be  defined  by  the  Board,  and  a 
Treasurer. 


OF    THE    GENERAL    ASSEMBLY.  365 

6.  All  other  internal  arrangements  necessary  for  carrying  out  the 
purposes  of  its  orgnization  shall  be  made  by  the  Board  of  Publication 
after  its  reorganization. 

7.  Each  Presbytery  is  directed  to  appoint  one  or  more  of  its  members 
a  Presbyterial  Publication  Committee;  which  Committee  shall,  in  that 
Presbytery,  supervise  the  work  of  securing  an  annual  collection  for  this 
Board  from  each  of  its  churches;  shall  search  out  and  reconmiend  to  the 
Board  suitable  persons  to  act  as  colporteurs;  shall  correspond  with  the 
Board  in  reference  to  its  work  in  that  Presbytery ;  and  shall  do  whatever 
else  may  tend  to  promote  the  work  and  interests  of  the  Board,  and  to 
secure  a  thorough  distribution  of  the  Board's  publications  within  and 
throughout  the  bounds  of  the  Presbytery. 

8.  All  the  property,  of  every  kind,  now  owned  by  the  "  Presbyterian 
Board  of  Publication"  and  by  the  "Presbyterian  Publication 
Committee"  or  held  by  any  Board  of  Trustees  for  the  use  and 
benefit  of  either  of  them,  is  hereby  directed  to  be  united,  and 
placed  in  possession  of  "  The  Trustees  of  the  Presbyterian  Boai-d  of 
Publication,"  incorporated  by  the  Legislature  of  the  State  of  Pennsyl- 
vania, and  whose  charter  was  approved  by  the  Governor  of  that  State  on 
the  13th  day  of  February,  A.D.  1847.  And  in  order  that  the  late  two 
branches  of  the  Presbyterian  Church,  now  happily  reunited,  may  have, 
as  nearly  as  possible,  an  equal  representation  in  said  Board  of  Trustees 
of  the  Presbyterian  Board  of  Publication  (there  now  being  enough 
vacancies  by  death  and  resignation  to  effect  the  changes  proposed),  the 
Board  of  Publication  is  directed,  at  its  next  meeting  in  the  month  of 
June,  to  elect  the  following  persons  to  be  members  of  this  Board  of 
Trustees : 

For  one  year. — Alexander  Whilldiu,  Samuel  C.  Perkins,  Archibald 
Mclntire. 

For  tivo  years. — Morris  Patterson,  William  E.  Tenbrook. 

For  three  years. — George  Junkin,  James  Ross  Snowden  and  Robert 
N.  Willson. 

9.  The  ' '  Trustees  of  the  Presbyterian  House  ' '  are  hereby  directed  to 
convey,  by  a  good  and  sufficient  legal  title,  to  "  The  Trustees  of  the 
Presbyterian  Board  of  Publication,"  the  house  and  lot,  Nos.  1334  and 
1336  Chestnut  street,  now  occupied  by  the  Presbyterian  Publication 
Committee  in  part  as  a  bookstore,  and  any  other  property  now  in  their 
possession,  or  which  may  hereafter  come  into  their  possession,  for  the  use 
of  the  Presbyterian  Publication  Committee.  And  should  any  legal 
difficulties  be  found  in  the  Avay  of  making  such  a  conveyance  or  transfer, 
then  ' '  The  Trustees  of  the  Presbyterian  House  ' '  and  ' '  The  Trustees 
of  the  Presbyterian  Board  of  Publication "  are  hereby  directed  to 
procure,  as  speedily  as  possible,  such  special  enactments  from  the  Legis- 
lature of  this  State  or  decrees  of  any  courts  of  competent  jurisdiction,  as 
shall  remove  those  difficulties. 

10.  The  General  Assembly  recommends  the  Board  of  Publication,  as 
soon  as  practicable  after  its  reorganization,  to  sell  its  house  and  lot.  No. 
821  Chestnut  street,  and  to  provide  a  larger  house,  adequate  to  its  now 
extended  operations,  and  to  the  prospective  growth  of  its  business,  on 
the  premises  Nos.  1334  and   1336   Chestnut  street,  or  in  that  vicinity. 

11.  In  order  that  the  above  recommendation  maybe  carried  out,  so 
as  to  provide  ample  accommodations  for  the  Board's  future  business, 
and  for  all  other  Presbyterian  interests  in  this  city,  it  is  recommended 


366  FORM  OF  GOVERNMENT,  CHAP.  XII. 

that  the  sum  of  one  hundred  thousand  dollars  be  raised  among  our 
churches  and  people  for  the  erection  and  equipment  of  said  Presbyterian 
house,  and  all  contributions  made  thereto  shall  be  recognized  as  a  part 
of  the  offering  of  five  millions  of  dollars  which  it  was  at  Pittsburgh 
resolved  to  raise. 

12.  All  the  Committees  and  officers  of  the  Board  of  Publication,  and 
of  the  Publication  Committee,  are  requested  to  continue  to  perform 
their  respective  duties  as  at  present,  until  otherwise  directed  by  the 
newly  organized  Board  of  Publication. 

13.  The  Board  of  Publication  and  the  Publication  Committee  are 
directed  to  submit  to  the  next  General  Assembly,  and  each  year  there- 
after, a  full  statement  of  the  property  of  said  Boards,  consisting  of  real 
estate,  copyrights,  books,  papers,  plates  and  any  other  assets,  with  an 
estimate  of  the  value  thereof. — 1870,  pp.  113-116. 

3.  The  Sabbath-school  Work  of  the  Board.    Three  branches. 

a.  1.  That  the  Board  of  Publication  be  instructed  so  to  enlarge  its 
arrangements  as  to  make  the  Habbath-school  work  a  prominent  and 
organic  part  of  its  operations;  and  that  it  is  exceedingly  desirable  that 
the  entire  congregations  in  our  churches,  old  and  young,  be  permanently 
connected  with  the  Sabbath-school,  either  as  scholars  or  teachers. 

2.  That  the  Board,  so  enlarged  in  the  sphere  of  its  operations,  keep 
before  it  these  three  branches  of  the  Sabbath -school  work: 

(A)  To  furnish  a  complete  literature  for  Sabbath-schools,  consisting 
of  its  own  and  other  well -selected  books  for  libraries,  helps  of  all  kinds 
for  the  study  of  the  Scriptures  and  catechism,  periodicals  for  teachers 
and  scholars,  and  all  other  apparatus  fitted  to  give  efficiency  to  the  work 
of  teaching. 

(B)  To  establish  such  agencies  as  it  may  deem  suitable  for  elevating 
the  standard  of  teaching,  and  more  thoroughly  developing  the  great 
idea  of  Sabbath-schools — that  of  imparting  the  knowledge  of  God  to 
the  young  and  drawing  them  to  the  salvation  of  Christ. 

(C)  In  appointing  colporteurs,  as  far  as  possible,  to  select  such 
persons  as  may  also  be  suitable  for  Sabbath -school  missionaries,  and 
instruct  them  to  establish  Sabbath -schools  in  destitute  localities,  under 
the  supervision  of  the  Presbyteries. 

3.  That  the  churches  be  urged  to  contribute  more  largely  to  the  mis- 
sionary fund  of  this  Board,  to  meet  the  increased  expense  which  the 
working  of  this  branch  of  its  operations  will  demand. — 1871,  p.  524. 

b.  In  the  Sabbath -school  department  the  instructions  of  the  last 
Assembly  have  been  carried  out.  A  general  superintendent  has  been 
appointed — Mr.  J.  Bennet  Tyler — who  in  January  last  entered  upon  his 
duties,  has  performed  much  preparatory  work,  and  everywhere  found 
interest  and  sympathy  with  the  plans  of  the  Assembly.  To  the  West- 
minster series  of  Sabbath-school  lessons  for  teachers  and  scholars  three 
numbers  have  been  added,  in  continuation  of  a  plan  which  embraces  a 
full  curriculum  of  Bible  study. — 1872,  p.  20. 

4.  Charter  of  the  Board. 

An  Act  to  Incorporate  "The  Trustees  of  the  Presbyterian  Board  of  Publica- 
tion." 
Whereas,  The  General  Assemblj'  of  tlie  Presbyterian  Church  in  the  United 
States  of  America  have  a  Board  of  Publication  composed  of  ministers  and  lay- 
men of  the  Presbyterian  Church,  the  design  of  which  is  "the  publication  of 


OF    THE   GENERAL   ASSEMBLY.  367 

such  works,  permanent  or  periodical,  as  are  adapted  to  promote  sound  learn- 
ing and  true  religion  ;  "  and, 

^7le)■eas,  The  aforesaid  Board  of  Publication  labors  under  serious  disad- 
vantages, as  to  receiving  donations  and  bequests,  and  as  to  the  management 
of  funds  entrusted  to  them  for  the  purpose  designated  in  their  Constitution, 
and  in  accordance  with  the  benevolent  intentions  of  those  from  whom  such 
bequests  and  donations  are  received  ;  therefore. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  Commonwealth  of  Peunsj-lvania,  in  General  Assembly  met,  and  it  is  hereby 
enacted  by  the  authority  of  the  same,  that  Matthew  Newkirk,  James  N.  Dick- 
son, William  S.  Martien,  James  B.  Ross,  Archibald  Mclntyre,  Joseph  B.  Mit- 
chell, Alexander  W.  Mitchell,  M.D.,  Robert  Soutter,  Jr.,  and  James  Dunlap, 
citizens  of  the  United  States  and  of  this  Commonwealth,  and  their  successors, 
are  hereby  constituted  and  declared  to  be  a  body  politic  and  corporate,  which 
shall  henceforth  be  known  by  the  name  of  "The  Trustees  of  the  Presbyterian 
Board  of  Publication,"*  and  as  such  shall  have  perpetual  succession,  and  be 
able  to  sue  and  be  sued  in  all  courts  of  record,  and  elsewhere;  and  to  pur- 
chase and  receive,  take  and  hold,  to  them  and  their  successors,  forever,  lands, 
tenements,  hereditaments,  goods,  money  and  chattels,  and  all  kinds  of  estate 
which  may  be  devised,  or  bequeathed,  or  given  to  them  ;  and  the  same  to  sell, 
alien,  demise  and  convey  ;  also  to  make  a  common  seal,  and  the  same  to  alter 
and  renew  at  their  pleasure  ;  and  also  to  make  such  rules,  by-laws  and  ordi- 
nances as  may  be  needful  for  the  government  of  the  said  corporation,  and  not 
inconsistent  with  the  Constitution  and  laws  of  the  United  States  and  of  this 
State  ;  Provided,  alionys,  That  the  clear  yearly  income  of  the  real  estate  held 
by  the  said  corporation  shall  not  at  any  time  exceed  the  sum  of  five  thousand 
dollars. 

Sec.  2.  The  Trustees  above  named  shall  hold  their  offices  for  one  year  from 
the  date  of  this  incorporation,  and  until  their  successors  are  duly  qualified  to 
take  their  places  ;  who  shall  be  chosen  by  the  aforesaid  Board  of  Publication, 
at  such  times  and  in  such  manner  as  shall  be  provided  by  the  said  General 
Assembly  of  the  Presbyterian  Church  in  the  United  States  of  America,  pro- 
vided not  more  than  one-third  of  the  Trustees  shall  be  removed  in  any  one 
year. 

Sec.  3.  The  Trustees  hereby  incorporated,  and  their  successors,  shall  (sub- 
ject to  the  direction  of  the  said  Board  of  Publication)  have  full  power  ta 
manage  the  funds  and  property  committed  to  their  care,  in  such  manner  as 
shall  be  deemed  most  advantageous,  and  not  contrary  to  law. 

James  Cooper, 
Speaker  of  the  House  of  Rejyresetitatives. 
Ch.  Gibbons, 

Speaker  of  the  Senate. 

Approved  the  thirteenth  day  of  February,  one  thousand  eight  hundred  and 
forty-seven.  Fk.  R.  Shunk. 

5.  Relations  of  the  Missionary  and  Publishing  Departments. 

a.  The  repoi't  of  the  Special  Committee  on  the  Missionary  Depart- 
ment of  the  Board  of  Publication  was  theu  taken  up  and  adopted.  The 
report  is  as  follows: 

The  Committee  appointed  by  the  General  Assembly  of  1881  to  con- 
sider and  report  to  the  next  General  Assembly  what  changes  and 
measures,  if  any,  are  needed  in  order  to  increase  the  work  and  efficiency 
of  the  Missionary  department  of  the  Board  of  Publication,  would 
respectfully  submit  the  following  report: 

[Note.— See  report  in  full,  Minutes,  1882,  pp.  73-80.  The  action  recommended  and 
adopted  is  as  follows  :] 

1.  That  the  General  Assembly  instruct  the  Board  of  Publication  to 
maintain  a  separation  as  complete  as  practicable  between  the  Publishing 

*  Title  amended  by  decree  of  the  Court  of  Common  Pleas,  No.  1,  of  Philadelphia, 
November  19,  1887,  to  ' '  The  Trustees  of  the  Presbyterian  Board  of  Publication  and 
Sabbath-school  Work." 


368  FORM  OF  GOVERNMENT,  CHAP.  XII. 

aud  the  Colportage  departmeuts  iu  their  business  affairs;  so  that  the 
relation  between  the  two,  in  this  respect,  shall  be  the  same  as  between 
the  Publishing  department  and  any  other  purchaser — the  terms  of  sale 
to  the  Colportage  department  to  be  as  favorable  as  those  offered  to  any 
other  purchaser. 

2.  The  Publishing  department  is  to  employ  all  legitimate  agencies 
which  shall  promote  the  sale  of  its  publications,  and  not  be  required  to 
assume,  in  whole  or  in  part,  the  support  of  any  office  or  agency  which  it 
does  not  feel  justified  in  assuming  because  of  its  commercial  value. 
It  is  to  keep  in  view  the  important  object  of  furnishing  its  publications 
at  the  lowest  possible  cost;  and  all  advantages  which  it  may  possess,  by 
virtue  of  the  capital  placed  at  its  disposal,  are  to  bear  fruit  cliiefly  in 
the  lower  price  and  consequent  wider  diffusion  of  its  publications. 

3.  The  Board  shall  present  to  the  General  Assembly  a  yearly  statement 
of  the  expenses  of  the  Publishing  department,  and  also  a  statement 
of  its  profits  in  such  a  manner  that  it  shall  be  made  to  appear,  (1) 
whether  any  reduction  in  the  price  of  its  publications  is  practicable,  and 
(2)  what  sum  this  department  may  yield,  year  by  year,  for  Sabbath- 
school  work  and  colportage,  or  other  missionary  purposes. 

4.  That  the  work  of  colportage,  including  the  selection  and  appoint- 
ment of  colporteurs,  shall  be  under  the  exclusive  supervision  of  the 
Corresponding  Secretary  and  the  appropriate  Committee  of  the  Board, 
who  shall  be  allowed  adequate  clerical  aid.  No  colporteur,  however, 
shall  be  sent  to  labor  within  the  bounds  of  any  Presbytery,  unless  first 
recommended  by  the  Presbytery  or  its  appropriate  Committee. 

6.  The  funds  necessary  for  the  maintenance  of  the  Missionary  depart- 
ment are  to  be  sought,  as  now,  directly  from  the  churches,  as  a  benevolent 
gift.  From  these  funds  the  Board  shall  provide  for  the  entire  salary 
of  the  Secretary  of  Sabbath-school  Work,  and  so  much  of  the  salary  of 
the  Corresponding  Secretary  as  is  not  provided  for  by  an  express 
arrangement  of  the  Publishing  department,  with  their  expenses;  also 
for  the  salaries  of  the  colporteurs,  the  grants  of  books,  etc.,  which  it 
shall  allow;  and  for  the  other  expenses  of  the  Missionary  department. 

7.  That,  in  the  instructions  of  the  Missionary  department  to  the 
colporteurs,  the  main  emphasis  is  to  be  laid  upon  the  work  of  reUgious 
visitation,  and  the  Sabbath-school  work  expected  from  them  among  the 
spiritually  destitute ;  and  that  the  selling  of  books,  while  still  continued, 
so  far  as  it  can  be  usefully  done,  is  to  be  in  all  cases  subordinated  to 
these  more  directly  benevolent  and  religious  labors. 

8.  That  the  Board  be  directed  to  invite  correspondence  through  its 
Missionary  department  with  our  pastors,  and  especially  with  our 
missionaries,  to  secure  voluntary  help  in  the  wider  diffxision  of  our  litera- 
ture; and  that,  in  pursuance  of  this  policy,  it  be  directed  to  make  grants 
of  books  and  other  publications  with  all  possible  liberahty  whenever 
satisfied  that  those  making  application  for  such  grants  will  use  them 
wisely  for  the  benefit  of  the  religiously  destitute  and  will  report  to  the 
Board  the  manner  in  which  they  are  used. — 1882,  pp.  77,  78. 

6.  The  Sabbath-school  work  of  the  Board. 

a.  Resolved,  That  the  Board  of  Publication  shall  continue  as  at 
present,  with  a  collection  from  the  churches  for  its  missionary  work. 

The  department  having  this  work  in  charge  shall  be  separately  con- 
stituted, and  shall  keep  a  distinct  account  with  the  Board.     It  shall  be 


OP    THE    GENERAL   ASSEMBLY.  369 

its  duty  to  disseminate  the  publications  of  the  Board  by  donations  to 
ministers  and  to  needy  churches,  and  by  sale  through  its  appointees,  who 
shall  l)e  called  the  missionaries  of  the  Board  of  Publication,  and  who 
shall  be  appointed,  subject  to  the  approval,  and  shall  be  under  the 
control,  of  the  Presbyteries. 

It  shall  also  supervise  the  whole  Sabbath-school  work  of  the  Church, 
in  connection  with  the  Presbyteries;  and  it  shall  aim  to  lift  this  important 
agency  of  Christian  evangelization  into  the  prominence  and  efficiency 
which  it  deserves,  and  which  the  great  needs  of  our  own  country  have  so 
largely  called  for  at  the  present  time. 

And,  furthermore,  in  addition  to  the  amount  appropriated  by  the  Board 
from  the  collections  made  by  the  churches,  it  shall  receive  and  apply 
donations  specifically  designated  for  the  Sabbath-school  work. — 1874,  p. 
31;  1876,  p.  38;  1877,  p.  526. 

b.  1.  That  the  pastors,  Sessions,  and  people  of  our  several  congrega- 
tions be  affectionately  and  earnestly  urged  to  appreciate  the  value  of  the 
Christian  literature  supplied  by  this  Board,  to  procure  for  their  families 
and  Sabbath-schools  a  supply  of  the  same,  and  to  contribute  more  liberally 
to  its  missionary  and  colportage  funds,  so  that  its  publications  may  be 
more  widely  distributed,  and  the  indigent  be  gratuitously  supplied. 

2.  That  the  Assembly  recognize  with  peculiar  gratification  and  approval 
the  missionary  and  Sabbath-school  work  of  the  Board,  and  recommend 
to  all  our  Presbyteries,  Sessions,  and  people,  and  especially  to  our 
Sabbath-school  laborers,  to  cooperate  with  the  Board  in  this  branch  of 
its  work,  and,  with  a  spirit  loyal  to  our  own  denomination,  to  prefer  the 
publications  and  missionaries  of  our  own  to  those  of  other  organizations. 
And  the  editors  of  our  publications  are  urged  to  continue  to  make  them 
as  lively  and  attractive  as  those  issued  by  other  houses. 

3.  That  the  Assembly  approve  of  the  appointment  of  Rev.  James  A. 
Worden  as  Superintendent  of  Sabbath -school  Work,  and  anticipate  much 
benefit  from  the  judicious  performance  of  the  functions  of  that  office. 

4.  That  it  be  earnestly  requested  of  the  Sabbath -schools  of  our 
Church  to  contribute  at  least  once  every  year  to  the  Sabbath-school  Mis- 
sionary department  of  this  Board. 

5.  That  the  Assembly  solemnly  remind  the  churches  in  our  connection 
that  church  discipline,  in  the  Scriptural  sense,  includes  not  only  the 
reformation  of  offenders  and  the  removal  of  scandals,  but  also  the  pre- 
vention of  offenses  by  the  proper  instruction  and  training  of  the  children 
of  the  Church  in  knowledge  and  godliness;  and  that  to  this  end  it  is  the 
duty  of  the  pastor  and  Sessions  to  take  authoritative  supervision  of  the 
instruction  of  youth,  so  far  as  to  see  to  it  that  the  baptized  children  of 
the  Church  are  properly  educated  in  the  family  and  the  Sabbath-school — 
so  that  the  Sabbath-school  exercises  shall  be  considered  a  part  of  Church 
work,  and  the  children  be  more  distinctly  recognized  and  treated  as 
belonging  to  the  congregation  of  the  Lord;  and,  with  a  view  to  this,  it 
is  reconmiended  that  in  all  of  our  Sabbath- schools  superintendents  be 
chosen  or  appointed  subject  to  the  approval  of  the  church  Session.  That 
the  pastor  and  Session  visit,  encourage,  and  if  need  be  work  in,  the 
Sabbath -school,  and  that,  in  congregations  where  the  Shorter  Catechism 
is  neglected,  it  be  introduced  and  used  with  due  prominence. 

6.  That  it  is  recommended  that  each  Presbytery  appoint  a  Committee 
or  a  Presbyterial  Superintendent,  whose  duty  it  shall  be  to  oversee  and 
encourage,  as  far  as  may  be,  the  Sabbath -schools  in  the  bounds  of  the 

24 


370  FORM  OF  GOVERNMENT,  CHAP.  XII. 

Presbyter}',  and  especially  to  take  order  for  collecting  and  transmitting 

to  the  General  Superintendent  the  statistics  of  each  school ;  aud,  with  a 

view  to  this  part  of  the  work,  the  General  Superintendent  is  requested 
to  furnish  blank  statistical  tables. — 1878,  pp.  25,  26. 

C.  Normal  class  instruction. 

4.  That  we  hereby  renew  the  deliverance  of  former  Assemblies,  in 
asserting  the  right  and  duty  of  Sessions  to  exercise  authoritative  super- 
vision of  the  Sabbath-school  work  of  their  congregations. 

5.  That  it  is  recommended  that  each  Presbytery  appoint  a  Sunday- 
school  Committee,  which  shall  collect  and  tabulate  at  the  spring  meeting 
of  the  same,  aud  transmit  to  the  General  Superintendent  of  Sunday- 
school  Work,  statistics  of  each  school ;  aud  this  Committee  shall  also 
supervise  and  direct  its  general  Sunday-school  work  within  the  bounds 
of  the  Presbytery.  Also  that  the  Superintendent  be  directed  to  furnish 
blanks  for  the  use  of  Suuday-school  statistics. 

7.  That  the  Assembly  approve  the  action  of  the  Board  in  preparing 
a  three-years'  course  of  Normal  Class  Instruction,  and  the  lists  of  sub- 
jects announced  for  the  first  year  to  the  Assembly  at  its  annual  Sabbath- 
school  meeting,  last  evening,  and  earnestly  recommend  the  formation  of 
normal  classes  wherever  practicable. — 1879,  p.  558;  1881,  p.  555. 

d.  Bible  Correspondence  School. 

The  General  Assembly  approves  the  proposed  organization  of  the 
Board,  through  its  Secretary,  of  the  Bible  Correspondence  School,  in  the 
interest  of  the  better  training  of  teachers. — 1883,  p.  616. 

e.    Children's  and  Rallying  Days. 

That  we  urge  the  general  observance  of  Children's  Day  on  the  second 
Sabbath  of  June,  and  Rallying  Day  on  the  last  Sabbath  of  September, 
and  that  liberal  offerings  be  secured  on  one  of  those  days  for  the  Board 
for  the  use  of  its  missionary  work. — 1897,  p.  73. 

7.  Blanks  printed  by  the  Board  to  be  approved  by  the  proper  authority, 

and  so  indorsed. 

Overture  from  the  Presbytery  of  New  Brunswick  respecting  blanks  for 
reports  of  the  work  of  the  Assembly. 

Answer :  That  the  Board  of  Publication  is  directed,  in  printing  blanks 
to  submit  them  to  the  approval  of  that  officer  of  the  Church  who  is  spe- 
cially responsible  for  the  same,  aud,  in  particular,  that  the  blanks  for 
congregational  and  Presbyterial  statistics  be  approved  by  the  Stated  Clerk 
of  the  General  Assembly.  The  Board  is  also  directed  to  print  upon  the 
blanks,  in  fine  type,  the  authority  approving  the  publication.  Adopted. 
—1885,  p.  625. 

8.  Reorganization  of  the  Board,  1887. 

On  the  report  of  the  Special  Committee  on  Publication,  the  follo^ving 
resolutions  were  adopted: 

1.  The  Presbyterian  Board  of  Publication  shall  be  hereafter  desig- 
nated and  known  as  the  "  Presbyterian  Board  of  Publication  and 
Sabbath-school  Work,"  and  shall  consist  of  twenty-four  members,  of 
whom  twelve  shall  be  ministers  and  twelve  ruling  elders. 

2.  No  one  shall  serve  as  a  member  of  the  said  Board  who  is  an  execu- 
tive officer  or  employe  of  said  Board,  or  a  member  of  any  other  beuevo- 


OF    THE    GENERAL    ASSEMBLY.  371 

lent  Board  of  the  Church,  and  no  more  than  one  ruling  elder  from  the 
same  congregation  shall  serve  on  said  Board,  at  the  same  time. 

3.  This  General  Assembly  shall  elect  as  members  of  the  "  Board  of 
Publication  and  Sabbath -school  Work,"  four  ministers  and  four  ruling 
elders,  who  shall  serve  for  one  year;  four  ministers  and  four  ruling 
elders  who  shall  serve  for  two  years ;  four  ministers  and  four  ruling  elders 
who  shall  serve  for  three  years  from  the  third  Tuesday  of  June,  1887, 
and  each  succeeding  General  Assembly  shall  elect  four  ministers  and  four 
ruling  elders  to  serve  for  three  years  thereafter.  In  case  this  recommen- 
dation is  adopted  by  the  General  Assembly,  we  recommend  that  the  Stand- 
ing Committee  on  Publication  be  directed  to  nominate  members  of  the 
Board  herein  provided  for.  Members  of  the  Board  thus  elected  shall 
meet  for  organization  at  the  publishing  house  at  Philadelphia  on  the 
third  Tuesday  of  June,  1887,  and  when  such  organization  shall  have 
been  effected,  the  membership  of  the  Board  as  at  present  constituted 
shall  terminate.  For  the  purpose  of  effecting  such  organization,  a 
majority  of  the  members-elect  shall  constitute  a  quorum. 

4.  The  annual  collection  taken  up  in  the  churches  for  the  benefit  of 
this  Board  shall  hereafter  be  known  as  the  collection  for  Sabbath-school 
work,  and  be  so  designated  in  the  Minutes  of  the  Assembly. 

5.  The  Sabbath -school  and  colportage  work  shall  be  consolidated  in 
one  department,  subject  to  the  supervision  and  control  of  an  officer  who 
shall  be  designated  the  "  Superintendent  of  Sabbath-school  and  Mission- 
ary Work."  The  editorial  work  of  the  Board  shall  be  organized  in 
another  department,  under  the  supervisory  control  and  care  of*  an  officer 
who  shall  be  designated  as  the  "  Editorial  Superintendent."  The  gen- 
eral business  interest  shall  be  organized  into  a  Business  department, 
which  shall  be  .under  the  supervisory  control  of  an  officer  who  shall  be 
designated  the  "  Business  Superintendent."  All  these  officers  shall  be 
appointed  by,  and  their  duties  defined  by,  the  Board,  as  may  be  directed 
in  the  By-Laws. 

6.  Standing  Committees  shall  be  appointed  or  elected  by  the  Board,  to 
be  known  as  the  "  Sabbath-school  and  Missionary  Committee,"  the 
"  Editorial  Committee,"  and  the  "  Business  Committee,"  which  shall 
have  charge  of  their  respective  departments,  under  such  rules  and  regu- 
lations as  the  Board  may  by  By-Law  establish ;  provided  that  the  Board 
shall  have  power  to  appoint  any  other  Committees  which  shall  be  deemed 
necessary  for  the  proper  conduct  of  its  business. 

7.  The  present  executive  officers  shall  be   continued  in   the  following 

positions,  to  wit:  * as  Secretary;  Rev.  James  A.  Worden,  D.D., 

Superintendent  of  Sabbath-school  and  Missionary  Work;  Rev.  J.  R. 
Miller,  .D.D. ,  as  Editorial  Superintendent;  and  John  A.  Black,  Esq.,. 
as  Business  Superintendent;  until  their  successors  are  appointed  by  the 
Board,  each  in  charge  of  his  own  department,  subject  to  such  rules  and 
regulations,  with  such  powers  as  the  Board  may  from  time  to  time  pre- 
scribe by  By-Laws,  in  harmony  with  the  general  principles  herein  laid 
down. 

8.  The  Board  shall  elect  a  Secretary  of  the  Board,  who  shall  be  its 
chief  executive  ofiicer,  and  shall  have  general  supervisory  control  of  all 
the  officers  herein  named,  subject  to  an  appeal  to  the  Board  itself. 

9.  All  By-Laws  of  the  Board  now  in  force,  not  in  conflict  with  the 

*  In  the  report  adopted  by  the  Committee  this  blank  was  filled  by  the  name  of  the 
Rev.  John  W.  Dulles,  D.D.,  now  deceased. 


372  FORM  OF  GOVERNMENT,  CHAP.  XII, 

principles  herein  laid  down,  are  hereby  continued  in  force  until  altered, 
amended  or  repealed  by  the  Board.  All  such  as  conflict  with  the  princi- 
ples herein  stated  are  repealed. 

10.  The  Board  is  directed  to  organize  its  work  in  accordance  with  the 
plans  herein  set  forth  on  the  third  Tuesday  of  June,  1887,  or  as  soon 
thereafter  as  possible,  and  to  report  its  action  to  the  next  General 
Assembly. 

11.  This  General  Assembly  directs  the  consolidation  of  the  Presby- 
terial  and  Sy nodical  Committees  of  Publication  and  Sabbath- school 
Work,  to  the  end  that  this  work,  which  has  heretofore  been  under  the 
supervision  of  two  Committees,  shall  be  committed  to  the  care  of  one, 
and  earnestly  enjoins  that  in  the  appointment  of  such  Committees  care  be 
taken  to  secure  members  who  will  actively  enter  into  and  push  this  great 
work.— 1887,  pp.  51,  52. 

V.    (,'HURCH    ERECTION, 
THE   TRUSTEES    OF    THE    CHURCH    ERECTION    FUND. 

1.  The  Organization. 

The  report  of  the  Joint  O^nnnittee  on  Church  Erection  was  adopted, 
as  follows: 

In  entering  on  their  work  the  Committee  found  that  the  trusteesliip  of 
the  Church  Erection  Fund  was  a  chartered  institution,  formed  under  the 
laws  of  the  State  of  New  York,  and  possessed  of  a  permanent  fund  of 
$126,000,  more  or  less,  of  which  about  $90,000  were  invested  in  inter- 
est-bearing securities  in  the  State  of  New  York,  and  the  remainder  in 
various  liabilities  given  by  feeble  churches  which  had  been  aided.  They 
also  learned  that,  in  accordance  with  certain  amendments  of  the  plan 
passed  by  the  General  Assembly  which  met  at  St.  Louis  in  1866,  the 
system  of  loans  had  been  abandoned,  and  a  so-called  Supplementary 
Fund  created,  to  consist  of  the  yearly  interest  of  the  Permanent  Fund, 
together  with  such  sums  as  should  be  raised  by  the  annual  contributions 
of  the  churches,  all  of  which,  in  absolute  donations,  to  be  devoted  to  the 
current  demands  of  the  work.  This  Board  of  Trustees,  having  charge 
of  both  the  Permanent  and  the  Supplementary  Fund  by  the  terms  of 
the  charter,  consists  of  nine  members  residing  in  New  York  or  its  vicin- 
ity, and  are  elected  in  classes  from  year  to  year  by  the  General  Assembly, 
according  to  the  chartered  rules  prescribed. 

On  the  other  hand,  the  Committee  learned  that  the  Board  of  Church 
Extension,  having  its  centre  of  operations  in  St.  Louis,  Mo. ,  was  without 
a  charter  and  without  permanent  funds,  holding  only  current  receipts 
appropriated  and  unappropriated,  together  with  certain  temporary 
investments  in  real  estate;  that  the  said  Board  of  Church  Extension  was 
therefore  free  from  any  legal  obstacles  which  might  prevent  a  change 
either  of  location  or  of  name,  or  stand  in  the  way  of  its  being  united 
under  the  charter  of  the  organized  and  localized  Board  of  Church 
Erection. 

In  view  of  these  considerations  the  Joint  Committee  do  respectfully  and 
unanimously  recommend : 

1.  That  the  operations  of  the  United  Church  be  carried  on  under  the 
charter  of  "  The  Trustees  of  the  Church  Erection  Fund  of  the  Presby- 
terian Church  in  the  United  States  of  America,"  and  that  its  location 
be  continued  in  the  city  of  New  York. 

2,  That  the  members  of  the  Board  be  chosen  impartially  from  both 


OF    THE    GENERAL   ASSEMBI-Y.  373 

branches  of  the  Church,  that  their  number  be  twenty-one,  consisting  of 
ten  ministers  and  eleven  laymen  acting  in  connection  with  the  Presby- 
terian Church,  and  that  the  entire  Board  so  formed  be  expected  to  meet 
at  least  once  a  year. 

3.  That  fifteen  members,  seveu  ministers  and  eight  laymen,  shall 
reside  in  the  city  of  New  York,  or  its  vicinity;  that  at  an  early  day  an 
amendment  of  the  charter  be  obtained,  authorizing  these  fifteen  local 
members  to  act  as  trustees  of  the  fund,  but  until  such  change  shall  be 
secured  nine  of  the  fifteen  mend^ers  shall  continue  to  hold  the  said  trus- 
teeship under  the  provisions  now  existing. 

4.  That  six  members  of  the  Board,  three  ministers  and  three  laymen, 
shall  be  chosen  from  the  West.  This  recommendation  is  made  in  view  of 
the  fact  that  certain  properties  held  by  the  Board  of  Church  Extension 
are  temporarily  located  in  Missouri,  and  require  a  local  supervision.  It 
also  seems  desirable  that  the  Board  shall  have  representatives  on  the 
ground  who  may  secure  those  grants  of  land  which  are  so  freely  oftered 
for  church  purposes  by  railroad  and  town  companies  throughout  the 
West,  also  to  have  special  oversight  in  the  matter  of  insui-ance  on 
church  properties — a  matter  of  great  importance,  in  which  it  is  feared 
there  is  at  present  great  neglect. 

5.  That  a  Secretary  be  appointed  who  shall  reside  in  Kew  York,  and 
whose  functions  shall  be  similar  to  those  of  the  present  Secretaries  of 
Church  Erection  and  Church  Extension;  also  that  the  Board  shall  have 
authority  to  appoint  an  additional  Secretary  and  define  his  duties. 

6.  While  the  Connnittee  appreciate  and  would  earnestly  encourage  all 
local  efforts  to  build  churches  and  chapels  in  the  cities  and  in  Presby- 
teries by  special  contributions,  they  unanimously  recommend  that  the 
Assembly  take  the  most  efficient  measures  to  secure  an  annual  contribu- 
tion from  all  the  churches  for  the  general  work  of  the  Board.  The 
suburbs  of  our  large  cities  must  be  cared  for,  but  at  the  same  time  the 
demands  of  the  great  wastes  of  the  continent  are  most  imperative  upon 
the  whole  Church. 

In  conclusion,  the  Committee  would  express  the  hope  that  this  depart- 
ment of  the  Church  work,  so  fundamental  to  all  permanent  success,  may 
be  brought  into  greater  prominence  and  receive  a  larger  degree  of  favor 
and  support.  It  should  be  not  merely  a  passive  resource  to  which  the 
needy  may  resort  for  a  stinted  dole,  but  a  powerful  aggressive  agency 
arousing  and  stimulating  the  Church  to  substantial  conquest  everywhere 
in  the  cities,  on  the  prairies,  along  the  railroads  and  on  the  far-ofl^ 
shores  of  the  Pacific.  In  view  of  the  fact  that  legal  questions  might 
arise  in  connection  with  some  of  the  points  in  this  report,  Messrs.  S.  T. 
Bodine  and  J.  C.  Havens  were  appointed  to  consult  legal  authorities 
thereupon,  and  report  to  the  Committee  at  a  subsequent  meeting. 

The  Committee  then  adjourned  to  meet  in  the  First  Presbyterian  Church 
of  Philadelphia  during  the  sessions  of  the  General  Assembly. 

At  a  conference  of  certain  members  of  the  Joint  Committee,  held  iu 
Philadelphia  since  the  sessions  of  the  General  Assembl}^  began,  a  quorum 
not  being  present,  Mr.  Samuel  T.  Bodine  reported  that  he  had  consulted 
proper  authorities  in  regard  to  legal  points  in  the  above  report,  and  had 
obtained  the  following  opinions: 

1.  That  the  Chui'ch  Erection  Fund,  located  by  charter  in  the  State  of 
New  York,  would  be  embarrassed  if  not  imperiled  by  any  change  iu  the 
place  of  business. 


374  FORM  OF  GOVERNMENT,  CHAP.  XII, 

2.  That  at  an  early  day  steps  should  be  taken  to  secure  a  change  in 
the  charter,  raising  the  number  of  trustees  from  nine  to  twenty -one,  of 
whom  five  shall  constitute  a  quorum  for  the  transaction  of  business. 

3.  That  fifteen  of  the  twenty-one  members  of  the  Board,  namely, 
seven  ministers  and  eight  elders,  should  reside  in  the  city  of  New  York 
or  its  vicinity. — 1870,  p.  116. 

2.  The  plan  for  the  custody,  care  and  management  of  the  Church  Erec- 
tion Fund,  as  adopted  by  the  Assembly  of  1854  and  amended  by  the 
Assembly  of  1866,  N.S. 

[Note. — Approved  by  the  Assembly  of  1870,  amended  by  subsequent  Assemblies 
and  approved  by  the  Assembly  of  1889,  p.  77.] 

[1854]  Preamble. 

The  General  Assembly  of  the  Presbyterian  Church  in  the  United  States 
of  America  having,  through  the  liberality  of  the  congregations  con- 
nected with  this  body,  established  a  Fund  for  the  purpose  of  aiding  feeble 
congregations  in  erecting  houses  of  worship,  do  hereby  adopt  the  follow- 
ing plan  under  which  this  Fund  shall  be  held,  administered  and  used: 
[1854]  Article  I. 

The  Fund  having  been  committed  to  the  General  Assembly  as  a  special 
trust,  no  part  of  it  as  now  established,  nor  any  additions  Avhich  may 
hereafter  be  made  to  it,  shall  ever  be  used  for  any  other  purpose  than  that 
of  aiding  feeble  congregations  in  connection  with  the  General  Assembly 
in  erecting  houses  of  worship,  except  so  much  as  may  be  absolutely 
necessary  to  defray  the  expenses  incident  to  the  administration  of  this 
plan. 
[1854]  Article  II. 

The  custody,  care  and  management  of  this  Fund,  and  of  all  securities 
of  every  kind  belonging  to  it  or  growing  out  of  it,  together  with  all 
claims,  dues  and  property  that  may  at  any  time  pertain  to  it,  and  all 
additions  that  may  hereafter  be  made  to  it  by  donations,  bequests  or  other- 
wise, shall  be  committed  to  a  Board  of  Trustees,  to  be  called  ' '  The 
Trustees  of  the  Church  Erection  Fund  of  the  General  Assembly  of  the 
Presbyterian  Church  in  the  United  States  of  America."  The  Board 
shall  consist  of  twenty -one  members,  being  ministers  and  elders  in  con- 
nection with  some  Presbytery  or  Church  under  the  care  of  the  General 
Assembly,  who  shall  reside  in  the  city  of  New  York  or  its  immediate 
vicinity,  and  whom  the  General  Assembly  shall  elect  by  ballot  on  a 
nomination  to  be  made  at  least  one  day  before  such  election.  The  trus- 
tees shall  continue  in  office  until  the  election  and  induction  of  their 
successors.  The  certificate  of  the  Stated  Clerk  of  the  General  Assembly 
shall  be  necessary  to  entitle  a  trustee  to  take  his  seat  as  a  member  of  the 
Board,  which  certificate  it  shall  be  his  duty  to  furnish  as  soon  as  practi- 
cable after  the  election. 

The  trustees  first  elected  shall  arrange  themselves  into  three  equal 
classes.  The  term  of  office  of  the  first  class  shall  expire  in  one  year  from 
their  election,  that  of  the  second  class  in  two  years,  and  that  of  the 
third  class  in  three  years.  After  the  first  election,  the  General  Assembly 
shall  annually  elect  trustees  to  supply  the  place  of  the  class  whose  term 
is  about  to  exnire,  to  hold  their  office  for  three  years,  the  same  persons 
always  being  reeligible;  and  each  General  Assembly  shall  also  by  elec- 
tion supply  any  vacancy  in  the   Board  caused  by  death,  resignation  or 


OF   THE    GENERAL   ASSEMBLY.  375 

otherwise.  If  any  trustee  shall,  during  the  term  for  which  he  is 
elected,  cease  to  be  connected  with  a  Presbytery  or  church  under  the 
care  of  the  General  Assembly,  he  shall  thereby  cease  to  be  a  member  of 
the  Board,  and  the  vacancy  shall  be  reported  to  the  next  General  Assem- 
bly. In  the  case  of  vacancies  in  the  Board,  occasioned  by  resignation, 
death,  removal,  or  otherwise,  during  the  interim  of  the  General  Assem- 
blies, the  Board  shall  be  authorized  to  fill  such  vacancies  [1883]. 

[1854]  Article  III. 

The  first  meeting  of  the  Board  shall  be  held  on  the  second  Tuesday  of 
June  next,  in  the  city  of  New  York,  at  such  place  and  hour  as  the 
Stated  Clerk  of  the  General  Assembly  may  apj^oint,  who  shall  preside 
until  the  Board  is  organized  by  the  choice  of  its  president. 

[1854]  Article  IV. 

The  Board  shall  make  their  own  By-Laws.  They  shall  annually,  a,t 
their  first  meeting  after  the  adjournment  of  the  General  Assembly,  elect 
one  of  their  number  President  of  the  Board,  and  shall  appoint  a  Secre- 
tary and  a  Treasurer,  who  shall  give  security  to  the  Board  for  the  faithful 
performance  of  his  duties.  They  shall  keep  complete  books  of  record 
and  account,  in  which  shall  be  recorded  all  their  proceedings,  and  the 
true  state  at  all  times  of  all  matters  relating  to  this  Fund,  which  records 
and  accounts  or  any  part  of  them  shall  at  all  times  be  open  to  the  inspec- 
tion of  any  Committee  appointed  by  the  General  Assembly  for  this 
purpose.  They  shall  also  keep  full  and  correct  copies  and  files  of  all  the 
correspondence  which  may  be  conducted  or  received  by  them  or  in  their 
name,  and  shall  annually  present  to  the  General  Assembly  not  later  than 
the  tliird  day  of  its  sessions,  a  full  report  of  their  proceedings  and  of  the 
state  of  the  Fund,  together  with  any  suggestions  or  recommendations 
which  they  may  deem  necessary  or  suitable. 

[1854]  Article  V. 

The  Board  are  hereby  directed,  either  by  procuring  a  special  act  of  the 
Legislature  of  the  State  of  New  York,  or  in  accordance  with  the  existing 
statutes  of  said  State,  to  incorporate  themselves  and  their  successors  in 
office,  always  to  be  elected,  as  aforesaid  into  a  body  corporate  and 
politic,  invested  with  all  such  legal  powers  as  may  be  necessary  to  enable 
them  to  hold  and  administer  this  Fund  in  conformity  with  the  provisions 
of  this  plan. 
[1866,  Art.  VI,  VII.]  Article  VI 

The  Board  is  directed  to  invest  and  to  keep  at  interest  on   sufiicient 
security  the  Fund  as  now  established,  and  as  the  same  shall  hereafter  . 
be  increased  by   gift,    bequest  or  otherwise,  and    [1866,  Art.    X]    the 
interest  accruing  therefrom  shall  be  distributed  as  hereinafter  provided. 

t;i866,  Sup.  Art.]  Article  VII 

In  order  to  enable  the  Board  fully  to  meet  all  the  reasonable  demands 
of  feeble  congregations  for  aid  in  erecting  houses  of  public  worship,  the 
General  Assembly  earnestly  recommends  all  the  congregations  within  its 
bounds  to  take  up  annual  collections,  and  transmit  them  to  the  Treasurer 
of  the  Board  to  be  appropriated  by  said  Board,  and  distributed  by  gift, 
with  the  interest  of  the  Permanent  Fund,  for  the  objects  contemplated 
in  the  Plan,  and  on  the  conditions  and  limitations  hereinafter  pre- 
scribed. 


376  FORM  OF  GOVERNMENT,  CHAP,  XII. 

[1879-85,  Minutes.]  Article  VIII. 

In  addition  to  the  aiding  of  feeble  churches  in  the  erection  of  houses 
of  worship,  "  Tlie  Board  of  Church  Erection  is  permitted  to  aid  in  the 
establishment  of  schools  and  chapels  among  the  exceptional  populations 
of  Mormons,  Indians,  and  Spanish-speaking  people  of  the  United  States. " 

[1885-86,  Minutes.'l  Article  IX. 

An  additional  fund,  to  be  known  as  the  Manse  Fund,  shall  be  raised 
by  special  gifts  and  such  portions  of  church  collections  as  may  be  desig- 
nated by  the  givers  to  this  end,  to  be  used  as  hereinafter  provided,  to 
enable  feeble  congi'egations  to  erect  Manses  for  the  use  of  their 
ministers. 
[1854,  Art.  XI.]  Article  X. 

In  order  to  be  entitled  to  make  application  in  behalf  of  its  churches 
for  aid  from  the  Board,  each  Presbytery  [1871]  connected  with  the 
General  Assembly  shall  annually  elect  a  Committee  on  Church  Erection, 
consisting  of  at  least  five  members.  The  Stated  Clerk  of  the  Presbytery 
[1871]  shall,  immediately  after  the  election  of  said  Committee,  transmit 
to  the  President  or  Secretary  of  the  Board  his  certificate  of  such  election, 
giving  the  name  and  residence  of  each  member. 

[1854,  Art.  XII.]  Article  XL 

APPLICATIONS. 

All  applications  for  aid  shall  be  made,  in  the  first  instance,  to  the 
Committee  on  Church  Erection  of  the  Presbytery  [1871]  to  which  the 
applicants  belong,  or  within  whose  bounds  they  are  situated.  Every 
such  application  shall  be  in  writing,  and  shall  particularly  state:  The 
location  of  the  house  or  site  for  its  erection ;  the  number  of  families  or 
persons  attached  to  the  congregation,  or  that  propose  to  unite  in  building 
a  house  of  worship ;  the  description  of  the  house  which  they  propose  to 
build  with  its  estimated  and  probable  cost,  or  the  description  and  cost  of 
the  house  and  lot  owned  by  the  congregation ;  the  amount  of  reliable 
subscriptions  which  have  been  obtained,  and  how  much  has  been  paid 
thereon ;  the  amount  of  available  means  possessed  by  the  congregation, 
if  any;  whether  the  congregation  is  in  debt,  and  if  so,  to  what  amount, 
for  what  purpose,  and  when  the  same  becomes  due ;  and  also  any  other 
facts  which  may  aid  the  Committee  of  the  Presbytery  [1871]  in  judging 
of  the  application.  This  application  shall  be  accompanied  by  the  certifi- 
cate of  one  of  the  legal  advisers  of  the  Board  that  the  title  to  the  lot  on 
which  the  house  is  to  be  built,  is  vested  in  said  congregation,  in  fee,  and 
is  free  from  all  legal  incumbrance  and  liability. 

If  the  Committee  of  the  Presbytery  [1871],  to  whom  application  for 
aid  has  been  made  as  above  provided,  shall,  after  a  careful  examination 
into  the  condition  and  prospects  of  the  congregation  so  applying,  be 
satisfied  that  such  congregation  have  done  all  that  should  reasonably  be 
expected  of  them,  and  that  with  the  aid  for  which  application  is  made, 
they  can  build  or  possess  a  house  of  woi-ship  adapted  to  their  wants  and 
be  free  from  indebtedness ;  then  the  Committee  shall  sign  a  certificate 
addressed  to  the  Board,  stating  the  application,  and  that  they  have 
examined  and  approve  of  it ;  and  also  stating  the  amount  which  it  is 
proper  to  grant  to  the  congregation.  This  certificate,  together  with  the 
application  made  to  the  Committee  of  the  Presbytery  [1871],  shall  be 
transmitted  to  tlie  Board. 


OF    THE    GENERAL    ASSEMBLY,  377 

[1854,  Art.  XIV.]  Article  XII. 

APPROPRIATIONS — I.    HOUSES   OF    WORSHIP. 

1.  [1854,  Art.  XIV.]  No  grant  shall  be  made  to  any  congregation 
unless  such  congregation  own  in  fee  simple,  and  free  from  all  legal  incum- 
brance, the  lot  on  which  their  house  of  worship  is  situated,  or  on  which 
they  propose  to  build. 

2.  [1854,  Art.  XIV.]  No  grant  shall  be  made  for  the  payment  of 
any  debt,  except  that  which  may  have  been  contracted  within  one  year 
previous  in  erecting  a  house  of  worship. 

8.  [1866,  Art.  XI.]  The  sum  granted  to  any  congregation  shall  never 
be  more  than  one-half  of  the  amount  contributed  and  secured  by  them- 
selves for  the  house  and  lot,  i.  e. ,  one-third  of  the  entire  cost. 

[1891,  Minutes,  p.  84.]  In  cases  where,  owing  to  the  rapid  settlement 
of  lands  newly  opened,  the  establishment  of  preaching  stations,  and  the 
organization  of  churches,  for  the  maintenance  of  home  missionary  work 
are  imperatively  demanded,  in  advance  of  the  growth  of  the  ordinary 
measure  of  self-help,  the  Board  at  its  discretion,  after  conference  with  the 
officers  of  the  Home  JNIissiouary  Board,  may  exceed  the  usual  limit  of 
aid  permitted,  namely,  one-third  of  the  value  of  the  property,  provided 
such  additional  aid  shall  in  no  case  exceed  one -half  of  the  value  of  the 
property,  or  the  sum  of  SI 500. 

4.  [i 880-85.]  In  all  ordinary  cases,  the  grant  to  any  church  shall  not 
exceed  $1000,  and  in  making  grants,  the  Board  shall  give  special  consid- 
eration and  preference  to  the  weaker  churches,  and  less  costly  buildings, 
when  other  things  are  equal. 

5.  [Charter,  >Sec.  I.]  The  church  must  in  every  case  be  incorporated, 
unless  in  the  State  or  Territory  in  which  it  is  located  there  is  no  law  for 
the  incorporation  of  religious  societies. 

6.  [1854,  Art.  XIV.]  The  condition  of  all  donations  from  this  source 
shall  be,  that,  in  case  the  church  or  congregation  shall  cease  to  be  con- 
nected with  the  General  Assembly,  or  their  corporate  existence  shall 
cease,  or  their  house  of  worship  be  alienated  except  for  the  building  or 
purchase  of  a  better  house  of  worship,  they  shall  refund  to  the  Board 
the  amount  which  they  have  so  received,  with  interest  from  the  time  of 
receiving  it. 

That  the  Board  be  directed,  whenever  practicable,  and  in  accordance 
with  the  best  interests  of  the  church  aided,  to  engage  with  said  church, 
that  the  amount  granted  shall  be  regarded  as  a  loan,  not  bearing  interest, 
and  to  be  repaid  to  the  Board  in  specified  annual  payments,  to  be 
credited  to  the  church  as  its  annual  contribution  [1893,  Minutes,  p. 
108]. 

The  fufillment  of  the  above  condition  shall,  in  all  cases,  be  secured  by 
the  bond  of  the  trustees  of  the  congregation,  and  a  mortgage  on  their 
house  and  lot,  made  in  favor  of  the  Board;  which  bond  and  mortgage, 
duly  executed  and  recorded,  shall  always  be  placed  in  the  possession  of 
the  Board,  before  any  money  is  paid  over  to  the  congregation. 

[1886,  Minutes.']  n.  manses. 

1.  The  appropriations  of  the  Board  for  Manses  shall  be  made  only 
from  such  special  gifts,  and  such  portions  of  Church  collections  as  may 
be  designated  by  the  givers  for  this  end. 

2.  The  appropriations,  in   all  ordinary  cases,   shall  be  made  as  loans, 


378  FORM  OF  GOVERNMEKT,  CHAP.  XII. 

the  amount  without  interest,  to  be  repaid  by  installments  or  otherwise, 
within  three  years,  such  loans  never  to  exceed  one-half  of  the  cost  of 
the  building.  In  case  the  appropriation,  for  exceptional  reasons,  is  a 
grant,  then  the  amount  shall  not  exceed  one-third  of  the  cost  of  tlie 
building. 

3.  Such  limit  shall  be  fixed  as  will  confine  the  work  to  the  feebler  and 
mission  churches. 

4.  Before  the  appropriation  is  paid,  the  proper  mortgage  and  insurance 
must  be  effected  in  the  same  way  and  under  the  same  conditions  as  in 
the  case  of  church  edifices. 

[1879-85,  Minutes.^  m.  chapels. 

1.  The  grant  shall  be  made  upon  the  recommendation  of  the  Presby- 
tery, or  its  authorized  Committee,  and  in  consultation  with  the  Board  of 
Home  Missions,  and  only  to  such  work  as  is  under  the  control  of  the 
Presbytery. 

2.  No  grant  shall  be  made  for  more  than  one-half  of  the  entire  cost 
of  the  property. 

3.  No  grant  shall  exceed  the  sum  of  S600. 

4.  In  other  respects  the  conditions  shall  be  the  same  as  in  the  case  of 
churches,  so  far  as  applicable. 

Article  XIII. 

PAYMENTS. 

[1854,  Art.  III.]  When  any  application  is  granted,  the  Board  shall, 
as  soon  as  practicable,  forward  the  necessary  papers  to  be  executed  by 
the  trustees  of  the  congregation  and  to  be  approved  by  their  legal 
adviser  or  some  other  attorney  proposed  by  the  congregation  and  acce^sted 
by  the  Board,  and  before  payment  of  any  grant  is  made,  the  following 
conditions  shall  be  fulfilled,  viz. : 

1.  [1887,  Minutes.~\  Before  any  church  shall  receive  the  amount 
of  aid  granted  it  by  the  Board,  the  trustees  shall  certify  that  the  amount 
necessary  to  erect  and  complete  their  house  of  worship,  less  the  amount 
of  the  grant  of  the  Board,  has  been  collected  and  actually  expended 
upon  the  building,  and  that  the  sum  to  be  received  from  the  Board  will 
entirely  complete  the  building  and  leave  the  congregation  free  from  debt; 
Provided,  That  in  the  case  of  a  grant  to  a  church  that  is  the  first  to  be 
organized  in  a  new  community,  in  which  there  is  pi*eviously  no  church  of 
any  evangelical  denomination,  the  Board,  after  the  lot  has  been  secured 
to  the  congregation  in  fee  simple,  and  after  a  mortgage  upon  it  to  the 
Board  for  the  amount  of  its  grant  has  been  effected,  may,  at  its  discre- 
tion, advance  to  the  church  from  time  to  time  before  the  completion  of 
the  edifice,  such  installments  of  the  amount  of  the  grant  as  shall  not  at 
any  time  exceed  one-half  of  the  amount  collected  for  the  erection  of  the 
building,  and  one-half  of  the  value  of  the  lot,  no  such  installment, 
however,  being  less  than  one-quarter  of  the  amount  of  the  grant. 

2.  [1854,  1866.]  A  mortgage  upon  the  church  property  duly  exe- 
cuted, and  acknowledged  by  the  trustees,  and  recorded  in  the  County 
Clerk's  or  Register's  office,  is  to  be  returned  to  the  Board,  with  a  certifi- 
cate indorsed  upon  said  mortgage  by  an  attorney-at-law,  designated  by 
the  Presbytery,  to  the  effect  that  the  church  has  a  valid  title,  in  fee,* 
to  the  property,  and  has  full  liberty  to  mortgage  the  same,  and  that  said 

*  Special  provision  for  Indian  churches,  see  Art.  XII,  Sec.  i,  G. 


OF   THE   GENERAL   ASSEMBLY.  379 

mortgage  is  a  first  lien  upon  the  property,  and  has  been  properly  exe- 
cuted, acknowledged,  and  recorded,  according  to  law. 

3.  [1870,  1874.]  A  policy  of  insurance  in  some  trustworthy  com- 
pany is  to  be  procured  by  the  Board,  said  policy  to  run  five  years.  The 
premiums  upon  these  policies  are  deducted  from  the  amount  of  the  grant 
in  the  first  instance,  and  afterwards  the  policies  are  renewed  at  the 
expense  of  the  church  aided. 

[1854,  Art.  XIV.]  Article  XIV. 

When  the  papers  so  executed,  approved  and  properly  recorded  are 
returned  to  the  Board,  they  shall  authorize  the  Treasurer  of  the  trustees 
of  the  congregation  or  any  other  person  duly  appointed  by  them  for  this 
purpose  to  draw  on  the  Treasurer  of  the  Board  for  the  amount  of  the 
grant. 

[1888,  Minutes.]  Article  XV. 

REPAYMENT  OF   GRANTS. 

Any  church  making  an  annual  contribution  to  this  Board  of  not  less 
than  ten  per  cent,  of  the  amount  originally  granted  to  it,  shall  be  deemed 
as  paying  in  such  contribution  an  installment  of  like  amount  upon  the 
mortgage  held  by  the  Board ;  and  when  such  payments  in  the  aggregate 
shall  equal  the  amount  of  the  grant,  the  Board  shall  execute  a  release 
of  the  mortgage  and  thus  remove  its  lien  from  the  property  of  the 
church ;  Provided,  That  such  church,  at  the  time  such  contribution  is 
sent,  shall  notify  the  Board  that  it  desires  such  application  thereof  to  be 
made.  * 

[1854,  Art.  VII.]  Article  XVI. 

The  Board  shall  prepare  blank  forms  of  all  such  legal  and  other  papers 
as  may  be  required  for  the  proper  distribution  and  management  of  the 
funds  committed  to  it,  and  the  accruing  interest  and  the  annual  contribu- 
tions received;  and  the  forms  so  prepared  and  no  others  shall  be  used  in 
all  matters  and  transactions  relating  to  the  fund  to  which  they  may  be 
applicable.  The  Board  shall  also  designate  such  legal  advisers  within 
the  bounds  of  each  Presbytery  as  by  a  correspondence  with  the  Church 
Erection  Committee  of  the  Presbytery  may  be  found  desirable,  to  exam- 
ine all  certificates  of  title  and  all  conveyances  and  other  documents 
connected  with  the  donation  of  any  part  of  the  accruing  interest  or  other 
funds,  including  a  careful  investigation  in  regard  to  the  legal  incorporation 
of  the  Board  of  Trustees  of  the  congregation  concerned;  and  they  shall 
further  have  power  to  appoint  an  agent  in  each  Presbytery,  and  to 
require  that  all  payments  of  moneys  that  may  become  due  to  the  fund 
shall  be  made  to  such  agent. 

[1866,  Sup.  Art.]  AHicle  XVII. 

It  shall  be  the  duty  of  the  Board  to  present  with  their  annual  report 
an  estimate  of  the  amount  probably  needed  for  the  ensuing  year,  together 
with  the  facts  and  reasons  upon  which  such  estimate  is  based,  in  order 
that  the  Assembly  may  determine  the  amount  it  will  recommend  the 
churches  to  raise  by  voluntary  contributions. 

*  Minutes,  1890,  p.  71.  The  Board  may  in  its  discretion  accept  a  cash  payment  of 
seventy-seven  per  cent,  of  the  face  of  the  mortgage  in  lieu  of  the  annual  payments 
above  referred  to. 


380  FORM    OF    GOVERNMENT,    CHAP.    XII, 

[1854,  Art.  XVI.]  Article  XVIII. 

No  change  shall  be  made  iu  any  part  of  the  foregoing  plan  by  any  future 
General  Assembly  except  by  an  affirmative  vote  of  two-thirds  of  all  the 
members  whose  names  have  been  entered  upon  the  roll. 

3.  Acts  of  incorporation. 

An  Act  to  iiicorponite  the  Trustees  of  the  Church  Erection  Fund  of  the  Gen- 
eral Assembly  of  the  Presbyterian  Church  in  the  United  States  of  America. 
Passed  March  81,  1855. 

The  people  of  the  State  of  New  York,  represented  in  Senate  and  Assembly, 
do  enact  as  follows  : 

1.  Samuel  T.  Spear,  Asa  D.  Smith,  Edwin  F.  Hatfield,  .lames  W.  McLane, 
Walter  S.  Griffith,  Oliver  H.  Lee,  Norman  White,  William  E.  Dodge,  and 
Stephen  II.  Tliayer  (designated  for  the  purpose  by  the  General  Assembly  of 
the  Presbyterian  Church,  which  met  in  Philadelphia,  in  May,  1854),  and  their 
successors  in  office,  are  hereby  constituted  a  body  corporate  and  politic,  by  the 
name  of  "The  Trustees  of  the  Church  Erection  Fund  of  the  General  Assem- 
bly of  the  Presbyterian  Church  in  the  United  States  of  America,"  for  the 
purpose  of  aiding  feeble  congregations  in  connection  with  the  said  General 
Assembly  in  the  erection  of  houses  of  worship,  and  by  that  name,  they  and  their 
successors  shall  and  may  have  perpetual  succession.  Provided,  That  no  money 
shall  be  furnished  by  said  corporation  for  the  erection  of  any  house  of  wor- 
ship in  any  State  or  territory  in  which  there  shall  exist  at  the  time  a  law  for 
the  incorporation  of  religious  societies,  the  title  to  which  is  not  held  by  a 
religious  corporation  under  and  according  to  the  laws  of  the  respective  States 
or  territories  in  which  such  places  of  worship  are  located.  Pi-ovided  also,  That 
the  title  shall  in  no  instance  be  vested  iu  any  priest,  bishop,  or  other  eccle- 
siastic. 

2.  The  said  corporation  shall  possess  the  general  powers,  and  be  subject  to 
the  provisions,  contained  in  Title  3  of  Chapter  18  of  the  first  part  of  the  Re- 
vised Statutes,  so  far  as  the  same  are  applicable,  and  have  not  been  repealed 
or  modified. 

3.  The  management  and  disposition  of  the  affairs  and  funds  of  said  corpora- 
tion shall  be  vested  in  the  individuals  named  in  the  first  section  of  this  act, 
and  their  successors  in  office,  who  shall  remain  in  office  for  such  period,  and 
be  displaced  and  succeeded  by  others,  to  be  elected  at  such  time  and  in  such 
manner  as  the  said  General  Assembly  shall  direct  and  appoint ;  and  such 
election  shall  be  made,  and  the  said  funds  shall  be  held  and  administered, 
invested  and  disposed  of,  for  the  purposes  aforesaid,  in  conformit_y  with  the 
provisions  of  the  plan  adopted  by  the  said  General  Assembly. 

4.  The  said  corporation  shall  iu  law  be  capable  of  taking,  receiving  and 
holding  any  real  or  personal  estate,  which  has  been  or  may  hereafter  be  given, 
devised  or  bequeathed  to  them  for  the  puipose  of  their  incorporation,  or 
which  shall  accrue  from  the  use  of  said  fund  ;  but  the  said  corporation  shall 
not  take  and  hold  real  and  personal  estate  above  the  sum  of  two  hundred  and 
fifty  thousand  dollars. 

5.  This  act  shall  take  effect  immediately. 

State  of  New  York,  } 
Secretary's  Office.  > 

I  have  compared  the  preceding  with  the  original  law  on  file  in  this  office, 
and  I  do  hereby  certify  that  the  same  is  a  correct  transcript  therefrom,  and  of 
the  whole  of  such  original. 

Given  under  my  hand  and  seal  of  office,  at  the  city  of  Albany, 
L.S.  this  second  day  of  April,  1855. 

A.  G.  Johnson,  Deputy  Secretary  of  State. 


OF   THE   GENERAL   ASSEMBLY.  381 

4.    The  charter  amended. 

Chaptek  182. 

An  Act  to  amend  an  Act  entitled  "An  Act  to  incorporate  tlie  Trustees  of  tlie 
Church  Erection  Fund  of  tlie  General  Assembly  of  the  Presbyterian 
Church  in  the  United  States  of  America,"  passed  March  25,  1855.  Passed 
March  27,  1871. 

The  people  of  the  State  of  New  York,  represented  in  Senate  and  Assembly, 
do  enact  as  follows  : 

Section  1.  Section  one  of  the  "Act  to  incorporate  the  Trustees  of  the 
Church  Erection  Fund  of  the  General  Assembly  of  the  Presbyterian  Church 
in  the  United  States  of  America,"  passed  March  thirty-tirst,  eighteen  hundred 
and  fifty -five,  is  hereby  amended  so  as  to  read  as  follows: 

Sec.  1.  Joseph  Fewsmith,  John  Thomson,  Elijah  R.  Craven,  Norman 
Seaver,  John  Hall,  Charles  A.  Dickey,  Frank  F.  Ellinwood,  Morris  C.  Sut- 
phen,  Henry  R.  Wilson,  Samuel  J.  Nicholls,  Joseph  R.  Skidmore,  Frederick 
G.  Burnham,  Jonathan  C.  Havens,  Otis  D.  Swan,  George  W.  Lane,  John  P. 
Crosby,  Winthrop  S.  Gilman,  Nathan  Lane,  Hezekiah  King,  Russell  Scarritt, 
James  M.  Brauuer  (designated  for  the  purpose  by  the  General  Assembly  of 
the  Presbyterian  Church,  which  met  in  Philadelphia,  in  May,  eighteen  hun- 
dred and  seventy),  and  their  successors  in  office,  are  herebj'  constituted  a  body 
corporate  and  politic,  by  the  name  of  "The  Board  of  the  Church  Erection 
Fund  of  the  General  Assembly  of  the  Presbyterian  Church  in  the  United 
States  of  America,"  for  the  purpose  of  aiding  feeble  congregations  in  connec- 
tion with  the  said  General  Assembly,  in  erecting  houses  of  worship,  and  by 
that  name  they  and  their  successors  shall  and  may  have  perpetual  succession  ; 
Provided,  That  no  money  shall  be  furnished  by  said  corporation  for  the  erection 
of  any  house  of  worship  in  any  State  or  territory  in  which  there  shall  exist  at 
the  time  a  law  for  the  incorporation  of  religious  societies,  the  title  to  which  is 
not  held  by  a  religious  corporation  under  and  according  to  the  laws  of  the 
respective  States  or  territories  in  which  such  places  of  worship  are  created  ; 
Provided,  also.  That  the  title  shall  in  no  instance  be  vested  in  any  priest, 
bishop,  or  other  ecclesiastic. 

Sec.  2.  All  acts  done  by  said  Trustees,  in  the  proper  performance  of  their 
trust,  since  their  designation  by  said  General  Assembly,  are  hereby  ratified 
and  confirmed. 

Sec.  3,  This  act  shall  take  effect  immediately. 

State  of  New.  York,  } 

Office  of  the  Secretary  of  State,  ^   *' 

I  have  compared  the  preceding  with  the  original  law  on  file  in  this  ofiice,  and 
do  hereby  certify  that  the  same  is  a  correct  transcript  therefrom,  and  of  the 
whole  of  the  said  original  law. 

Given  under  my  hand  and  seal  of  office,  at  the  city  of  .\lbany, 
L.  S.  this  first  day  of  May,  in  the  year  one  thousand  eight  hundred 

and  seventy-one. 

D.  WiLliERS,  Jr.,  Deputy  Secretary  of  State. 

Chapter  305. 

An  Act  further  to  amend  chapter  one  hundred  and  thirty-one  of  the  laws  of 
eighteen  hundred  and  fifty-five,  entitled  "An  Act  to  incorporate  the 
Trustees  of  the  Church  Erection  Fund  of  the  General  Assembly  of  the 
Presbyterian  Church  in  the  United  States  of  America."  Passed  May  10, 
1886  ;  three-fifths  being  present. 

The  people  of  the  State  of  New  York,  represented  in  Senate  and  Assem- 
bly, do  enact  as  follows  : 

Section  1.  Section  one  of  chapter  one  hundred  and  thirty-one  of  the 
laws  of  eighteen  hundred  and  fifty-five,  entitled  "An  Act  to"  Incorporate 
the  Trustees  of  the  Church  Erection  Fund  of  the  General  Assembly  of  the 
Presbyterian  Church  in  the  United  States  of  America,"  is  hereby  further 
amended  so  as  to  read  as  follows  : 

§  1.  Joseph  Fewsmith,  John  Thompson,  Elijah  R.  Craven,  Norman  Sea- 
ver, John  Hall,  Charles  A.  Dickey,  Frank  F.  Ellinwood,  Morris  C.  Sutphen, 
Henry  R.  Wilson,   Samuel  J.   Nicholls,  Joseph  R.  Skidmore,   Frederick  G. 


382  FORM    OF    GOVERNMENT,    CHAP.    XII. 

Burnham,  Jonathan  C.  Havens,  Otis  D.  Swan,  George  W.  Lane,  John  P. 
CrosbJ^  Winthrop  S.  Oilman,  Nathan  Lane,  Hezekiah  King,  Russell  Scarrett, 
James  M.  Branner  (designated  for  the  purpose  by  the  General  Assembly  of  the 
Presbyterian  Church,  which  met  in  Philadelphia,  in  May,  eighteen  hundred 
and  seventy),  and  their  successors  in  office,  are  hereby  constituted  a  body  cor- 
porate and  politic,  by  the  name  of  "Tlie  Board  of  the  Church  Erection  Fund 
of  the  General  Assembly  of  the  Presbyterian  Church  in  the  United  States  of 
America,"  for  the  purpose  of  aiding  feeble  congregations  in  connection  with 
the  said  General  Assembly  in  erecting  bouses  of  worship  and  manses,  and  also 
of  aiding  in  the  establishment  of  schools  and  chapels  among  the  exceptional 
populations  of  Mormons,  Indians  and  Spanish-speaking  people  in  the  United 
States,  and  by  that  name  they  and  their  successors  shall  and  may  have  per- 
petual succession  ;  Provided,  That  no  money  shall  be  furnished  by  said  corpora- 
tion for  the  erection  of  any  house  of  worshi]')  in  any  State  or  Territory  (except 
for  the  schools  and  chapels  aforesaid),  in  which  there  shall  exist  at  the  time  a 
law  for  the  incorporation  of  religious  societies,  the  title  to  which  is  not  held 
by  a  religious  corporation  under  and  according  to  the  laws  of  the  respective 
States  or  Territories  in  wiiich  such  places  of  worship  are  located  ;  Provided, 
also.  That  the  title  shall  in  no  instance  be  vested  in  any  priest,  bishop  or  other 
ecclesiastic. 
§  2.     This  Act  shall  take  effect  immediately. 

State  op  New  York,  \       . 

Office  of  tue  Secretary  of  State,  S   '  " 

I  have  compared  the  preceding  with  the  original  law  on  file  in  this  office 
and  do  hereby  certify  that  the  same  is  a  correct  transcript  therefrom  and  of 
the  whole  of  said  original  law. 

Frederick  Cook, 

Secretary  of  State. 

Laws  of  New  York  — By  Authority. 

[Every  law,  unless  a  different  time  shall  be  prescribed  therein,  shall  com- 
mence and  take  effect  throughout  the  State  on  and  not  before  the  twentieth 
day  after  the  day  of  its  final  passage,  as  certified  by  the  Secretary  of  State. — 
Sec.  13,  Title  4,  Chap.  7,  Part  1,  Revised  Statutes.] 

5.    Plan  and  rules  for  the  General  Fund. 

1.  Applications. — The  Board  meets  statedly  upon  the  fourth  Monday 
in  each  mouth,  and  applications,  in  order  to  be  considered,  should  reach 
the  office  not  later  than  the  preceding  Friday. 

[Owing  to  the  meeting  of  the  General  Assembly,  the  May  meeting  is 
usually  omitted  and  the  June  meeting  held  on  the  second  Monday.] 

(1)  An  application  for  aid  in  building  should  be  made  in  form  and 
upon  the  official  blank  which  will  be  furnished  by  the  Board. 

(2)  The  questions  upon  the  blank  should  be  answered  as  fully  as  pos- 
sible. 

(3)  The  application,  when  filled  out,  should  be  sent  to  the  Committee 
upon  Church  Erection  of  the  Presbytery  to  which  the  church  belongs,  in 
order  to  be  approved  by  said  Committee. 

(4)  The  certificate  upon  the  third  page  of  application  should  be  filled 
up  and  signed  by  the  counsel  designated  by  the  Committee  upon  Church 
Erection  of  the  Presbytery. 

(5)  With  the  application  there  should  be  sent  a  copy  of  the  deed  by 
which  the  church  holds  title  to  the  property,  and  a  diagram  of  the  lots 
upon  which  a  mortgage  will  be  given,  if  a  grant  or  loan  is  received. 

(6)  The  papers  thus  perfected  should  be  forwarded,  together  with  any 
correspondence  that  may  be  of  service  in  considering  the  matter,  to  the 
Corresponding  Secretary  of  the  Board. 

It  is  important  that  before  formal  application  is  made  to  the  Board, 
every  effort  be  used  to  secure  subscriptions  in  the  community  to  be  bene- 


OF    THE    GENERAL   ASSEMBLY.  383 

fited  by  the  proposed  church  edifice ;  iDut  it  is  especially  advised  that 
private  appeals  be  not  made  to  other  churches. 

2.  Appropriations. — (1)  No  grant  shall  be  made  to  any  congregation, 
imless  such  congregation  own  in  fee  simple,  and  free  from  all  legal  incum- 
brance, the  lot  on  which  their  house  of  Worship  is  situated,  or  on  which 
they  propose  to  build ;  Provided,  That  in  the  case  of  churches  building 
upon  lease-hold  property,  the  Board,  at  its  discretion,  if  it  deems  the 
security  sufficient,  may  make  the  grant  or  loan  upon  such  mortgage  as  the 
Finance  Committee  and  the  counsel  shall  approve. 

(2)  The  church  must  in  every  case  be  incorporated,  unless  in  the  State 
or  Territory  in  which  it  is  located  there  is  no  law  for  the  incoi'poration  of 
religious  societies,  and  the  title  to  the  property  must  be  in  said  corporation. 

(8)  No  grant  shall  be  made  for  the  payment  of  any  debt  except  that 
wliich  may  have  been  contracted  within  one  year  previous  in  erecting  a 
house  of  worship. 

(4)  The  sum  granted  to  any  congregation  shall  never  be  more  than 
one -half  of  the  amount  contributed  and  secured  by  them  for  the  house 
and  lot,  i.  e.,  one-third  of  entire  cost. 

(5)  In  all  ordinary  cases,  the  grant  to  any  church  shall  not  exceed 
$1000,  and  in  making  grants  the  Board  shall  give  special  consideration 
and  preference  to  the  weaker  churches,  and  less  costly  buildings,  when 
other  things  are  equal. 

(6)  The  Board  is  directed  whenever  practicable  and  in  accordance 
with  the  best  interests  of  the  church  aided,  to  engage  with  said  church  that 
the  amount  granted  shall  be  regarded  as  a  loan,  not  bearing  interest, 
and  to  be  repaid  to  the  Board  in  specified  annual  payments  to  be  also 
credited  to  the  church  as  its  annual  contribution  to  the  work  of  the 
Board  [General  Assembly,  1893]. 

( 7  )  Whenever  any  congregation  is  able  to  raise  towards  the  erection 
of  a  house  of  worship  the  sum  of  $3000,  the  propriety  of  obtaining  (if 
help  be  needed)  a  loan  without  interest,  upon  the  plan  proposed  by  the 
Assembly  of  1893,  instead  of  asking  a  grant,  should  be  carefully  con- 
sidered, so  that  the  weaker  churches,  not  having  such  ability,  may  receive 
the  grants  they  really  need,  and  in  case  of  buildings  exceeding  $5000 
in  cost,  the  application  should  be  made  ordinarily  to  the  Loan  Fund 
[General  Assembly,  1897]. 

(8)  The  appropriation,  whether  grant  or  loan,  is  subject  to  the  follow- 
ing provisions  of  Article  xii  of  the  General  Assembly's  plan,  viz. ; 

"  The  condition  of  all  donations  from  this  source  shall  be  that  in  case 
the  church  or  congregation  shall  cease  to  be  connected  with  the  General 
Assembly,  or  their  corporate  existence  shall  cease,  or  their  house  of 
worship  be  alienated,  except  for  the  building  or  purchase  of  a  better  house 
of  worship,  they  shall  refund  to  the  Board  the  amount  which  they  have 
so  received,  with  interest  from  the  time  of  receiving  it," 

3.  Chapels, — By  an  amendment  to  its  charter,  secured  May  10,  1886, 
and  by  direction  of  the  General  Assembly,  the  Board  is  permitted  in 
conjunction  with  the  Woman's  Board  of  Home  Missions,  and  under 
specified  conditions,  to  aid  "  in  the  establishment  of  schools  and  chapels 
among  the  exceptional  populations  of  Mormons,  Indians  and  Spanish- 
speaking  people  of  the  United  States. ' ' 

4.  Payments. — After  the  appropriation  is  made,  the  conditions  to  be 
fulfilled  before  the  payment  of  the  money  are  as  follows: 

(1)  Befoi'e  any  church  shall  receive  the  amount  of  aid  granted  it  by 


'S^4:  FORM    OF    (iOVKKNMENT,    CHAP.    XII. 

the  Board,  the  trustees  shall  certify  that  the  amount  necessary  to  erect 
and  complete  their  house  of  worship,  less  the  amount  of  the  grant  of 
the  Board,  has  been  actually  collected  and  expended  upon  the  building, 
and  that  the  sum  to  be  received  from  the  Board  will  entirely  complete 
the  building  and  leave  the  congiTgation  free  from  debt ;  Provided,  That 
in  the  case  of  a  grant  to  a  church  that  is  the  first  to  be  organized  in  a 
new  community  in  which  there  is  previously  no  church  of  any  evangeli- 
cal denomination,  the  Board,  after  the  lot  has  been  secured  to  the  con- 
gregation in  fee-simple,  and  after  a  mortgage  upon  it  to  the  Board  for 
the  amount  of  its  grant  has  been  effected,  may,  at  its  discretion,  advance 
to  the  church  from  time  to  time  before  the  completion  of  the  edifice 
such  installments  of  the  amount  of  the  grant  as  shall  not  at  any  time 
exceed  one-half  of  the  amount  collected  for  the  erection  of  the  building, 
and  one-half  of  the  value  of  the  lot,  no  such  installment,  however, 
being  less  than  one -quarter  of  the  amount  of  the  grant. 

(2)  A  mortgage  upon  the  church  property  duly  executed  and  acknowl- 
edged by  the  trustees,  and  recorded  in  the  County  Clerk's  or  Register' .s 
office,  is  to  be  returned  to  the  Board  w;ith  a  certificate  endorsed  upon 
said  mortgage  by  an  attorney -at -law,  designated  by  the  Presbytery,  to 
the  effect  that  the  church  has  a  valid  title  to  the  property,  and  has  full 
liberty  to  mortgage  the  same,  and  that  said  mortgage  is  a  first  lien  upon 
the  property,  and  has  been  properly  executed,  acknowledged  and  recorded 
according  to  law. 

[' '  Provided,  That  in  the  case  of  churches  located  upon  Indian  reserva- 
tions, where  no  title  in  fee-simple  is  attainable,  the  Board  may  accept, 
in  place  of  the  mortgage,  a  certificate  of  the  trustees  of  the  church, 
promising  to  carry  out,  as  far  as  possible,  the  usual  conditions  of  the  mort- 
gage; and  also  promising  to  execute  the  proper  mortgage  so  soon  as  the 
laws  of  the  Territory  or  of  the  State  will  permit  "  [General  As.semb]y, 
1889]. 

(3)  A  policy  of  insurance  in  some  trustworthy  company  is  to  be  pro- 
cured by  the  Board,  said  policy  to  run  five  years.  The  premiums  upon 
all  policies  are  deducted  from  the  amount  of  the  grant  in  the  fii-st 
instance,  and  afterward,  in  accordance  with  the  terms  of  the  mortgage, 
the  policies  are  renewed  at  the  expense  of  the  church  aided. 

[Blanks  for  the  above-mentioned  mortgages  and  for  insurance  surveys 
will  be  furnished  by  the  Board.  Care  should  be  taken  to  secure  accuracy 
in  the  form  of  the  papers — especially  the  mortgage  instruments — to  be 
executed  at  the  time  of  receiving  the  appropi'iation,  as  thus  vexatious 
delay  will  be  prevented.  The  Board  is  not  at  liberty  to  depart  from  the 
rules  established  by  its  charter  and  by  the  General  Assembly.] 

5.  Release  of  Mortgage. — (1)  Any  church  making  an  annual  contri- 
bution to  this  Board  of  not  less  than  ten  per  cent,  of  the  amount  origi- 
nally granted  to  it  shall  be  deemed  as  paying  in  such  contribution  an 
installment  of  like  amount  upon  the  mortgage  held  by  the  Board;  and 
when  such  payments  in  the  aggregate  shall  equal  the  amount  of  the 
grant,  the  Board  shall  execute  a  release  of  the  mortgage,  and  thus 
remove  its  lien  from  the  property  of  the  church;  Provided,  That  such 
church,  at  the  time  such  contribution  is  sent,  shall  notify  the  Board  that 
it  desires  such  application  thereof  to  be  made  [Art.  xv] . 

(2)  As  securing  the  same  result  as  the  above  provision,  the  Board  will 
release  any  such  mortgage  upon  the  receipt,  in  one  payment,  of  seventy- 
seven  per  cent,  of  the  amount  secured  by  such  mortgage. 


OF   THE   GENERAL    ASSEMBLY.  385 

(3)  Churches  electing  to  receive  the  appropriations  as  a  loan,  and  to 
make  specified  annual  payments  as  provided  (ii,  6),  are  also  entitled, 
when  full  payment  is  made,  to  a  release  of  the  mortgage. 

6.  Flan  and  rules  for  Loan  Fund. 

1.  Special  contributions  shall  be  invited  from  churches  and  individuals 
to  establish  "  The  Loan  Fund  of  the  Board  of  the  Church  Erection 
Fund,"  which  fund  shall  be  under  the  charge  of  said  Board  and  admin- 
istered by  it  as  lierein after  provided. 

2.  Contributions  to  the  Loan  Fund  may  be  also  accepted  by  the  Board, 
with  the  provision  that  such  contributions  shall  be  subject  to  the  payment 
of  interest  to  the  donors  during  their  lifetime;  Provided,  however,  That 
all  amounts  so  received  shall  be  loaned  only  upon  adequate  securities, 
and  that  the  aggregate  amount  of  annual  life-interest  that  the  Board 
shall  undertake  to  pay  shall  never  be  allowed  to  exceed  two-thirds  of 
the  annual  interest  receivable  on  the  entire  loan  fund  of  the  Board. 

3.  No  part  of  said  fund  shall  ever  be  disposed  of  by  gift  for  any 
purpose,  or  be  used  for  current  expenses,  but  it  shall  be  preserved  with- 
out diminution  as  a  perpetual  fund. 

4.  This  fund  shall  be  administered  as  entirely  distinct  from  the  gen- 
eral fund  from  which  ordinary  grants  are  made. 

5.  The  Board  may  at  its  discretion  make  use  of  its  permanent  fund  or 
the  interest  accruing  therefrom  as  a  part  of  the  loan  fund,  and  Article 
VI  of  the  plan  of  the  Board  as  reenacted  by  the  Assembly  of  1889 
shall  be  construed  in  accordance  with  this  rule. 

6.  Conditions  of  loaning. — Said  fund  may  be  loaned  in  small  sums 
to  such  churches  as  shall  be  proper  recipients  under  the  following  condi- 
tions : 

(1)  Loans  shall  be  made  only  to  such  churches  as  give  promise  of 
permanent  life  and  strength. 

(2)  No  loan  shall  be  made  ordinarily  to  aid  in  the  erection  of  an 
edifice  costing  more  than  $10,000. 

(3)  No  loan  to  any  one  church  shall  ordinarily  exceed  either  the  sum 
of  $5000,  or  one-half  the  value  of  the  proposed  lot  and  edifice. 

(4)  No  loan  shall  be  made  to  any  church  which  is  not  incorporated 
(as  provided  by  the  charter  of  this  Board),  and  which  does  not  hold 
the  title  to  its  property  in  fee  simple  and  unincumbered  otherwise  than  to 
this  Board;  Provided,  That  in  the  case  of  churches  building  upon  lease- 
hold property,  the  Board,  at  its  discretion,  if  it  deems  the  security 
sufficient,  may  make  the  loan  upon  such  mortgage  as  the  Finance  Com- 
mittee and  the  counsel  may  approve. 

7.  Provisions  before  payment. — In  the  case  of  all  such  loans  the 
following  provisions  shall  be  made: 

(1)  Satisfactory  proof  shall  be  given  as  to  the  title  to  the  property  by 
which  the  loan  is  to  be  secured. 

(2)  The  loan  shall  be  secured  by  the  bond  or  notes  of  the  corporation, 
by  a  mortgage  upon  the  property  benefited,  and  by  a  satisfactory  collateral 
personal  bond. 

(3)  Interest  at  six  per  cent,  shall  be  charged  in  all  ordinary  cases, 
payable  semi-annually. 

8.  Return  of  Loans. — (1)  Loans  shall  be  ordinarily  returned  within 
ten  years  in  annual  installments,  the  amount  of  each  annual  installment 
to  be  at  the  discretion  of  the  Board. 

25 


386  FORM   OP^   GOVERNMENT,   CHAP.    XII. 

(2)  In  all  cases  where  interest  and  annual  installments  arc  promptly 
and  fully  paid,  the  Board  may  upon  the  final  payment  allow  a  rebate 
equal  to  one-half  of  the  aggregate  annual  interest. 

9.  Responsibilities  of  Presbyteries. — (1)  Applications  for  loans  shall 
be  indorsed  by  the  Presbytery  to  which  the  church  belongs,  or 
by  its  Standing  Committee  upon  Church  Erection,  under  the  same 
rules,  so  far  as  applicable,  provided  for  the  administration  of  the  general 
fund. 

(2)  In  cases  of  default  in  payment  of  either  principal  or  interest,  the 
Presbytery  or  its  Committee  shall  cooperate  with  the  Board  in  enforcing 
such  payment,  and  loans  may  be  withheld  from  churches  within  the 
bounds  of  Presbyteries  where  previous  loans  or  the  interest  thereupon, 
more  than  a  year  overdue,  remain  unpaid. 

10.  Preservation  of  the  Fund. — In  order  that  the  Fund  may  remain 
undiminished,  the  Board  shall  insist  upon  promptness  in  payment  by 
the  churches  to  which  loans  have  been  made,  of  both  principal  and  inter- 
est; and  in  all  ordinary  cases  after  default  has  continued  for  more  than 
a  year  it  shall  take  the  proper  steps  to  enforce  its  claims. 

In  no  ordinary  case  shall  the  Board  make  a  subsequent  grant  from  its 
genferal  fund  to  relieve  a  church  from  the  responsibility  of  repaying  a 
previous  loan. 

7.  Plan    and  rules  of  the  Manse  Fund. 

1,  Applications. — The  Board  meets  statedly  upon  the  fourth  Monday 
in  each  mouth,  and  applications,  in  order  to  l)e  considered,  should 
reach  the  office  not  later  than  the  preceding  Friday. 

[Owing  to  the  meeting  of  the  General  Assembly,  the  May  meeting  is 
usually  omitted  and  the  June  meeting  held  on  the  second  Monday  of  th€ 
month.] 

(1)  An  application  for  aid  in  building  a  manse  should  be  made  la 
form  and  upon  a  blank  which  will  be  furnished  by  the  Board. 

(2)  The  questions  upon  the  blank  should  be  answered  as  fully  as 
possible. 

(3)  The  application,  when  filled  out,  should  be  sent  to  the  Committee 
upon  Church  Erection  of  the  Presbytery  to  which  the  church  belongs, 
in  order  to  be  approved  by  said  Committee. 

(4)  The  certificate  (upon  the  third  page  of  application)  should  be 
filled  up  and  signed  by  the  counsel  designated  by  the  Committee  upon 
Church  Erection  of  the  Presbytery. 

(5)  The  application  thus  perfected  should  be  forwarded  (together  with 
any  correspondence  that  may  be  of  service  in  considering  the  matter)  to 
the  Corresponding  Secretary  of  the  Board. 

It  is  recommended  that  before  formal  application  is  made  to  the  Board, 
every  efibrt  be  used  to  secure  subscriptions  in  the  community  benefited  by 
the  church  or  proposed  manse;  but  it  is  especially  advised  that  private 
appeals  be  not  made  to  other  churches. 

2.  Appropriations. — (1)  No  loan  shall  be  made  to  any  congregation, 
unless  such  congregation  own  in  fee-simple,  and  free  from  all  legal  incum- 
brance, the  lot  on  which  their  manse  is  situated,  or  on  which  they 
propose  to  build. 

(2)  No  loan  shall  be  made  for  the  payment  of  any  debt  of  long 
standing,  formerly  contracted  in  building  a  manse. 

(3)  The   appropriations  of  the  Board  for  manses  shall  be  made  only 


OF   THE    GENERAL   ASSEMBLY,  387 

from  such  special  gifts,  and  such  portions  of  church  collections  as  may 
be  designated  by  the  givers  for  this  end. 

(4)  The  appropriations  in  all  ordinary  cases  shall  be  made  as  loans, 
the  amount,  without  interest,  to  be  paid  by  installments  or  otherwise, 
within  three  years,  such  loans  never  to  exceed  one-half  of  the  cost  of 
the  building.  In  case  the  appropriation,  for  exceptional  reasons,  is  a 
grant,  then  the  amount  shall  not  exceed  one- third  the  cost  of  the 
building. 

(5)  Such  limit  shall  be  fixed  as  Avill  confine  the  work  to  the  feebler 
and  mission  churches. 

3.  Payments. — After  the  loan  is  voted,  the  conditions  to  be  fulfilled 
before  the  payment  of  the  money  ai'e  as  follows: 

(1)  Before  any  church  shall  receive  the  loan,  the  trustees  shall  certify 
that  the  amount  necessary  to  erect  and  complete  their  manse,  less  the 
amount  of  the  loan  of  the  Board,  has  been  collected  and  actually  ex- 
pended upon  the  building,  and  that  the  sum  to  be  received  from  the 
Board  will  entirely  complete  the  building,  and  leave  the  congregation 
free  from  debt  for  its  erection. 

(2)  A  mortgage  upon  the  manse  property  duly  executed  and  acknowl- 
edged by  the  trustees  and  recorded  in  the  County  Clerk's  or  Register's 
office,  is  to  be  returned  to  the  Board  with  a  certificate  endorsed  upon  said 
mortgage  by  an  attorney-at-law,  designated  by  the  Presbytery,  to  the 
effect  that  the  church  has  a  valid  title  to  the  property,  and  has  full 
liberty  to  mortgage  the  same,  and  that  said  mortgage  is  a  first  lien  upon 
the  property,  and  has  been  properly  executed,  acknowledged  and 
recorded,  according  to  law. 

(3)  A  policy  of  insurance  in  some  trustworthy  company  is  to  be  pro- 
cured by  the  Board,  said  policy  to  run  five  years.  The  premiums  upon 
all  policies  are  deducted  from  the  amount  of  the  loan  in  the  first  instance, 
and  when  the  loan  is  repaid,  a  rebate  of  unearned  premium,  if  any,  is 
returned. 

[Blanks  for  the  above-mentioned  forms  of  mortgages  and  insurance 
will  be  furnished  by  the  Board.  Care  should  be  taken  to  secure  accu- 
racy in  the  form  of  the  papers — especially  the  mortgage  instruments — to 
be  executed  at  the  time  of  receiving  the  appropriation,  as  thus  vexatious 
delay  will  be  prevented.  The  Board  is  not  at  liberty  to  depart  from  the 
rules  established  by  its  charter  and  by  the  General  Assembly.] 

VI.       RELIEF    FUND    FOR    DISABLED    MINISTERS,    AND    THE    WIDOWS    AND 
ORPHANS   OF    DECEASED    MINISTERS. 

1.  Early  History. 

a.  The  Assembly  of  1849,  O.  S.,  adopted  the  following,  viz. : 

Whereas,  There  ai'e  many  disabled  and  superannuated  ministers  in 
connection  with  the  Presbyterian  Church,  and  widows  and  families  of 
Presbyterian  ministers  who  are  in  indigent  circumstances,  and  as  the 
Church  increases  their  number  is  likely  to  increase;  and 

Whereas,  It  is  the  duty  of  the  Church  to  provide  for  those  who  have 
devoted  their  time  and  spent  their  energies  in  her  service,  and  also  for 
their  families;  and 

Whereas,  No  local  provision  can  effectually  meet  this  object,  and  no 
efficient  general  provision  has  ever  yet  been  made;  therefore, 

Resolved,  1.  That  in  order  to  constitute  a  fuud  for  the  support  of  the 
widows  and  families  of  deceased  ministers,  and  for  the  relief  of  su}>er- 


388  FORM  OF  GOVERNMENT,  CHAP.  XII. 

amiuated  and  disabled  living  ministers,  it  is  hereby  enjoined  upon  all  our 
Synods  and  Presbyteries  to  take  such  action  as  may  secure  a  contribution 
annually. 

Resolved,  2.  That  a  column  be  added  to  the  table  of  Statistical  Reports 
for  these  contributions. 

Resolved,  3.  That  the  funds  thus  contributed  be  placed  in  the  hands 
of  the  Board  of  Trustees  of  the  General  Assembly,  to  be  disbursed  by 
the  Board  of  Publication  upon  the  recommendation  of  Presbyteries,  as 
the  funds  for  Domestic  Missions,  Education  and  Church  Extension  are 
now  appropriated. 

Resolved,  4.  That  in  order  to  the  founding  of  a  permanent  fund  for 
this  same  object,  special  contributions  and  legacies  be  invited  from  all 
parts  of  the  Church,  the  principal  of  which  shall  be  safely  invested  by 
the  Board  of  Trustees  of  the  General  Assembly,  and  the  interest  to  be 
added  to  the  general  fund  provided  for  in  a  foregoing  resolution. — 1849, 
p.  266,  O.  S. 

Overture  No.  25. — A  request  from  the  Board  of  Publication,  in 
answer  to  which  the  following  minute  was  ordered,  at  the  recommenda- 
tion of  the  Committee,  viz. : 

The  duty  of  disbursing  the  fund  in  aid  of  superannuated  and  disabled 
ministers  and  their  families  is  hereby  transferred  from  the  Board  of 
Publication  to  the  trustees  of  the  General  Assembly. — 1852,  p.  224,  O.  S. 

On  a  report  of  the  trustees  the  Assembly  adopted  the  following,  viz. : 

Resolved,  1.  That  it  be  earnestly  recommended  to  the  Presbyteries  to 
take  such  action  in  regard  to  this  matter  as  will  tend  to  bring  up  the 
Church  to  the  performance  of  her  duty  in  regard  thereto. 

Resolved,  2.  That  every  minister  and  church  Session  be  earnestly 
requested  to  present  this  subject  to  their  congregation  during  the  coming 
year,  and  obtain  a  contribution  to  the  object;  which  contribution  shall 
be  transmitted  to  the  Treasurer  of  the  Board  of  Trustees  of  the  General 
Assembly,  to  be  disbursed  in  an  economical  Avay,  and  upon  an  equitable 
ratio,  upon  application  made  through  the  Presbytery  to  which  the  party 
applying  for  relief  naturally  belongs,  or  a  Committee  of  that  Presby- 
tery; the  Board  to  report  to  the  next  General  Assembly. — 1856,  p.  533, 
O.  S. 

A  Committee  was  also  appointed  to  digest  and  report  to  the  next 
Assembly  a  scheme  for  future  operations. 

[Note. — See  the  report,  Minutes,  1857,  p.  218.] 

b.  The  Assembly  of  1861,  N,  S.,  in  answer  to  an  overture  from  the 
Presbytery  of  the  District  of  Columbia,  "  On  the  subject  of  raising  a 
fund  to  be  applied  to  the  aid  of  disabled  ministers  and  their  families," 
appointed  a  Committee  to  report  to  the  next  Assembly  a  plan  of  opera- 
tions.— 1861,  p.  473.  The  Committee  was  enlarged  and  continued 
(1862,  p.  38)  ;  discharged  and  a  new  Committee  appointed  (1863,  p. 
280).  This  Committee  reported  (1864,  pp.  497-502),  and  the  follow- 
ing was  adopted: 

Resolved,  1.  That  a  fund,  to  be  called  "  The  Ministerial  Relief 
Fund,"  for  the  relief  of  disabled  ministers  of  good  and  regular  standing, 
in  connection  with  this  body,  and  the  families  of  ministers  who  have 
deceased  while  in  our  connection,  be  constituted,  to  be  supplied  by  annual 
collections  in  all  our  churches,  donations  and  legacies. 

Resolved,  2.   That  in  order  to   constitute  and  maintain  such  fund,  it  is 


OF    THE    GENERAL    ASSEMBLY.  389 

hereby  enjoined  upon  all  our  Presbyteries  to  take  such  action  as  shall 
secure  from  every  church  an  annual  contribution  thereto.  . 

Resolved,  3.  That  this  fund  be  entrusted  to  the  trustees  of  the  Presby- 
terian House,  to  be  by  them  disbursed  upon  the  recommendation  of 
Presbyteries,  upon  such  principles  and  rules  of  distribution  as  they  shall 
deem  most  equal  and  beneficial. 

Resolved,  4.  That  for  the  special  ovei"sight  and  care  of  the  interest 
thus  committed  to  them,  the  trustees  are  authorized  to  appoint  a  Secre- 
tary, prescribe  his  duties  and  determine  his  salary. — 1864,  p.  502,  N.  S. 

That  every  Presbytery  be  directed  to  appoint  a  Standing  Committee, 
whose  duty  it  shall  be  to  inquire  into  the  necessities  of  disabled  minis- 
ters, and  of  the  widows  and  orphans  of  those  deceased,  with  a  view  of 
bringing  the  cases  of  such  to  the  notice  of  the  Executive  Committee  of 
the  Relief  Fund.— 1865,  p.  30,  N.  S. 

The  Fund  was  committed  by  the  Assembly  to  the  Board  of  Trustees 
of  the  General  Assembly.— 1870,  p.  123. 

2.  The  Board  of  Relief  constituted. 
The  Board  of  Ministerial  Relief  shall  consist  of  twelve  members,  the 
Secretary  and  Treasurer  being  added  as  members,  ex-ojficio,  five  members 
to  constitute  a  quorum. 

[Note. — For  the  members  of  the  Board  see  Digest,  1886,  p.  562.] 

The  new  Board  were  instructed  to  meet  at  Philadelj^hia,  June  20,  for 
the  purpose  of  organizing  and  taking  the  necessary  steps  looking  to  their 
incorporation  under  the  laws  of  the  State  of  Pennsylvania. — 1876,  p.  63. 

3.  The  charter  obtained. 

Your  Committee  call  attention  to  the  fact  that,  in  pursuance  of  the 
action  of  the  last  General  Assembly  (see  Mimdes  of  the  General  Assem- 
bly, 1876,  p.  63),  the  late  "  Relief  Committee"  have  been  changed 
into  ' '  The  Presbyterian  Board  of  Relief  for  Disabled  Ministers  and  the 
Widows  and  Orphans  of  Deceased  Ministers,"  and  a  proper  charter 
obtained  from  the  legal  authorities  of  the  Commonwealth  of  Pennsyl- 
vania. A  copy  of  this  charter  is  found  in  the  annual  report  of  the 
Board,  pp.  15-17.  The  Board  asks  the  attention  of  the  General 
Assembly  (see  Report,  p.  11)  to  a  requisition  of  the  charter  that  this 
General  Assembly  shall,  at  its  present  meeting,  elect  twelve  directors, 
in  three  equal  classes,  to  serve  respectively  for  one,  two  and  three 
years,  and  until  their  successors  shall  be  elected. — 1877,  p.  557. 

4.  The  charter. 

Whereas,  "The  General  Assembly  of  the  Presbyterian  Church  in  the  United 
States  of  America"  has  heretofore  held  and  administered  a  fund  for  the  relief 
of  its  disabled  ministers  and  the  needy  widows  and  orphans  of  its  deceased 
ministers,  through  a  Committee  of  its  Board  of  Trustees  ; 

And  Whereas,  At  meetings  of  said  General  Assembly,  held  at  Brooklyn,  in 
the  State  of  New  York,  on  May  29  and  31,  1876,  it  erected  a  Board  of 
Ministerial  Belief,  and  directed  said  Board  to  adopt  suitable  measures  to 
obtain  a  proper  charter  from  the  legal  authorities  of  the  Commonwealth  of 
Pennsylvania ; 

Now,  in  pursuance  of  said  direction,  the  subscribers,  composing  said  Board, 
adopt  the  following  as  the  articles  of  said  charter,  viz.: 

I.  The  name  of  the  corporation  shall  be  "The  Presbyterian  Board  of 
Relief  for  Disabled  Ministers  and  the  Widows  and  Orphans  of  Deceased 
Ministers." 


390  FORM  OF  GOVERNMENT,  CHAP.  XII. 

II.  The  purpose  for  which  this  corporation  is  formed  is  to  receive,  hold  and 
disburse  such  re^il  and  personal  estate  as  may  be  given  to  it  for  the  relief  and 
support  of  disabled  ministers  and  the  needy  widows  and  orphans  of  deceased 
ministers  of  the  said  Church. 

III.  The  place  where  its  business  is  to  be  transacted  is  the  city  of  Philadel- 
phia, in  the  State  of  Pennsylvania. 

IV.  The  term  for  which  it  is  to  exist  is  in  perpetuity. 

V.  The  number  of  its  directors  for  the  first  year,  expiring  in  May,  1877,  shall 
be  twelve,  and  the  corresponding  secretary  and  treasurer,  whose  names  and 
residences  are  as  follows,  viz.: 

Villeroy  D.  Ueed,  Camden,  New  Jersey. 

Elias  R.  Beadle,  Philadelphia,  Pennsylvania. 

Charles  A.  Dickey,  Philadelphia,  Pennsylvania. 

Henry  E.  Niles.  York,  Pennsylvania. 

J.  H. 'Mason  Knox,  Bristol,  Pennsylvania. 

J.  Frederick  Dripps,  Philadelphia,  Pennsylvania. 

John  C.  Farr,  Philadelphia,  Pennsylvania. 

William  G.  Crowell,  Philadelphia,  Pennsylvania, 

George  Junkiu,  Philadeli)hia,  Pennsylvania. 

Samuel  Hood,  Philadelphia,  Pennsylvania. 

William  E.  Tenbrook,  Philadelphia,  Pennsylvania. 

Robert  Cornelius,  Philadelphia,  Pennsylvania. 

George  Hale,  Pennington,  New  Jersey,  Corresponding  Secretary. 

Eugene G.  Woodward,  Philadelphia,  Pennsylvania,  Treasurer. 

VI.  The  business  of  the  corporation  shall  be  managed  by  a  Board  of  Direc- 
tors, consisting  of  twelve,  and  the  corresponding  secretary  and  treasurer,  who 
shall  be  ex  officio  members,  and  of  whom  five  shall  be  a  quorum,  and  such  offi- 
cers and  committees  under  its  supervision  as  it  may  elect  and  appoint. 

The  said  General  Assembly  shall,  at  its  next  annual  meeting,  in  May,  1877, 
elect  twelve  directors  in  three  equal  classes,  to  serve  respectively  for  one,  two 
and  three  years,  and  until  their  successors  shall  be  elected  ;  and  at  each  annual 
meeting  thereafter  shall  elect  four  persons  to  serve  as  directors  for  three  5'ears 
and  until  their  successors  shall  be  elected,  and  shall  fill  all  vacancies  that  may 
exist  in  the  Board. 

At  least  one  person  in  each  class,  and  on  each  annual  election,  shall  be  a 
citizen  of  the  Commonwealth  of  Pennsylvania. 

VII.  The  officers  of  the  Board  shall  be  a  president,  vice-president,  corre- 
sponding secretary,  recording  secretary  and  treasurer,  who  shall  be  elected  by 
the  Board  by  ballot  at  the  annual  meeting  which  shall  be  held  during  the 
month  next  succeeding  the  annual  meeting  of  the  General  Assembly,  and 
whose  duties  shall  be  defined  by  the  by-laws. 

VIII.  All  the  business  of  the  corporation  shall  be  conducted  by  the  Board 
under  and  subject  to  the  direction  of  the  said  General  Assembly,  and  in  accord- 
ance with  the  laws  of  the  Commonwealth  of  Pennsylvania  and  of  the  United 
States  of  America. 

The  foregoing  Charter  was  obtained  on  October  21,  1876,  under  the  Act  of 
the  Legislature  of  Pennsylvania  of  29th  April,  1874,  and  on  the  same  day  was 
recorded  in  the  office  of  the  Recorder  of  Deeds  for  the  City  of  Philadelphia,  in 
Charter  Book  No.  3,  page,  186,  etc. 

The  Act  aforesaid  provides  that  a  corporation  created  under  it  shall  have  the 
following  powers  (see  Brightly 's  Digest),  viz.: 

"I.  To  have  successors  liy  its  corporate  name,  for  the  period  limited  by  its 
charter;  and  when  no  period  is  limited  thereby,  or  by  this  Act,  perpetually  : 
subject  to  the  power  of  the  General  Assembly  under  the  Constitution  of  this 
Commonwealth. 

"II.  To  maintain  and  defend  judicial  proceedings. 

"III.  To  make  and  use  a  common  seal,  and  to  alter  the  same  at  pleasure. 

"IV.  To  hold,  purchase  and  transfer  such  real  and  personal  property  as  the 
purposes  of  the  corporation  require,  not  exceeding  the  amount  limited  by  its 
charter  or  by  law. 

"  V.  To  appoint  and  remove  such  subordinate  officers  and  agents  as  the 
business  of  the  corporation  requires,  and  to  allow  them  a  suitable  com- 
pensation. 

"VI.  To  make  by-laws,  not  inconsistent  with  law,  for  the  management  of 
its  properly,  the  regulation  of  its  aftairs  and  the  transfer  of  its  stock. 

"X.  Each  of  the  said  corporations  may  hold  real   estate   to  an   amount 


OF    THE   GENERAL    ASSEMBLY.  391 

the  clear  yearly  value  or  income  whereof  shall  not  exceed  twenty  thousand 
dollars." 

5.  Rules  of  the  Board  of  Relief. 

Appropriations.  —  1.  Only  members  of  Presbyteries  in  connection  with 
the  General  Assembly  of  our  Church,  and  the  families  of  those  who  were  at 
their  death  in  such  connection,  and  lay  missionaries  and  their  families, 
are  entitled  to  aid ;  and  no  adults  shall  be  entitled  to  aid,  who  are  not 
members  of,  and  who  do  not  acknowledge  the  jurisdiction,  nor  submit  to 
the  discipline  of  the  Presbyterian  Church  in  the  United  States  of  Amer- 
ica, unless  such  extraordinary  circumstances  should  exist,  as  to  make  it, 
in  the  judgment  of  the  Board,  wise  and  right  to  admit  their  claim. 

2.  The  General  Assembly  of  1880  directed  that  in  ordinary  cases  no 
appropriations  can  be  made  to  ministers  simply  because  they  are  poor. 
In  order  to  receive  aid  they  must  be  disabled  by  disease,  or  the  iufir-mities 
of  age,  so  as  to  be  unable  to  sustain  themselves  by  some  suitable  employ- 
ment (Minutes  oi  General  Assembly,  1880,  p.  21,  and  1889,  p.  32). 

3.  The  General  Assembly  of  1880  directed,  "  That,  in  case  of  a  min- 
ister who  voluntarily,  and  in  health,  leaves  the  work  of  the  ministry  for 
some  secular  employment,  and  follows  that  for  a  series  of  years,  and 
then,  by  failure  of  business,  has  come  to  want,  such  a  course  should 
ordinarily  be  regarded  as  a  voluntary  relinquishment  of  all  claim  upon 
the  funds  of  the  Board  "    (Minutes  of  General  Assembly,  1880,  p.  21). 

4.  Except  for  ministers  Honorably  Retired,  all  appropriations  are 
made  for  one  year,  unless  otherwise  ordered ;  and  the  renewals  for  appro- 
priations must  be  made  from  year  to  year. 

5.  All  the  appropriations  are  paid  in  advance,  provided  the  funds  of 
the  Board  will  allow  this  to  be  done.  If  the  appropriation  is  not  more 
than  one  hundred  and  fifty  dollars  it  is  paid  in  advance  in  one  payment. 
When  an  appropriation  is  more  than  one  hundred  and  fifty  dollars  per 
annum,  it  is  paid  in  two  equal  installments,  semi-annually  in  advance. 

6.  While  the  responsibility  of  recommending  applicants  rests  with  the 
Presbyteries,  and  these  recommendations  largely  govern  the  action  of 
the  Board,  yet  there  is  reserved  to  the  Board  the  right  to  appropriate 
according  to  the  merits  of  the  case,  and  the  state  of  the  treasury. 

Honorably  Retired  Ministers. — 7.  Every  honorably  retired  minister 
over  seventy  years  of  age,  who  is  in  need,  and  who  lias  served  our 
Church  as  a  missionary  of  the  Home  or  Foreign  Board,  or  of  the  Board 
of  Missions  for  Freed  men,  or  as  a  pastor,  or  stated  supply,  for  a  period 
in  the  aggregate  not  less  than  thirty  years,  shall  be  entitled  by  such 
service  to  draw  from  the  Board  of  Ministerial  Relief  an  annual  sum  for 
his  support,  without  the  necessity  of  being  annually  recommended  there- 
for by  the  Presbytery.  When  such  a  minister  shall  certify  to  the  Pres- 
bytery the  fact  and  amount  of  his  need,  not  exceeding  $300  per  annum, 
it  shall  be  the  duty  of  the  Stated  Clerk  to  forward  the  application  to  the 
Board,  with  his  endorsement  thereon,  as  to  the  years  of  service  such 
minister  has  rendered,  his  field  or  fields  of  labor,  with  the  term  of 
service  in  each,  and  also  to  certify  that  the  same  has  been  reported  to  the 
Presbytery  and  is  recorded  upon  its  Minutes.  It  shall  then  be  the  duty 
of  the  Board  to  pay  such  annual  amount  so  long  as  the  applicant  shall 
live,  unless  otherwise  directed  by  the  Presbytery  or  the  applicant  himself, 
in  view  of  a  change  in  his  circumstances  that  may  make  the  appropriation 
in  whole  or  in  part  no  longer  necessary  (Minutes  of  General  Assembly 
of  1889,  p.  32;  1891,  pp.  33  and  44;  1894,  p.  35). 


392  FORM  OF  GOVERNMENT,  CHAR.  XII. 

Disabled  Ministers. — 8.  An  annuity  to  a  minister  who  ha.s  not  been  in 
the  aggregate  thirty  years  in  active  service  in  the  Presbyterian  Ciiurch  as 
a  missionary  of  the  Home  or  Foreign  Board,  or  of  the  Board  of  Missions 
for  Freedmen,  or  as  pastor  or  stated  supply,  is  made  on  the  recommen- 
dation of  that  Presbytery,  or  of  a  Standing  Committee  of  that  Presby- 
tery to  which  the  applicant  belongs;  and  the  recommendation  in  each 
case  must  be  annually  renewed.  An  application  for  aid  should  in  case 
of  such  minister,  state  his  age,  his  circumstances  and  the  number  of 
years  he  has  been  in  the  ministry;  and  the  sex  and  age  of  the  children 
who  are  dependent  on  him  for  support. 

Lay  Missionaries. — 9.  The  Assembly  of  1889  directed  as  the  best 
method  for  the  present  for  supplying  a  felt  need,  that  the  names  of 
regularly  appointed  Lay  Missionaries  of  the  Foreign  Board  and  their 
families  shall  also  be  placed  upon  the  roll  of  the  Board  the  same  as  min- 
isters. In  their  applications  for  aid,  lay  missionaries  shall  be  governed 
by  the  rules  that  apply  to  ministers  (Minutes  of  General  Assembly  of 
1889,  p.  32,  and  report  of  Board  in  Minutes  of  Assemblv  of  the  same 
year,  p.  240). 

Women. — 10.  Women  who  have  given  themselves  to  missionary  work, 
and  have  labored  five  years  under  the  Home  or  Foreign  Board,  or  under 
the  Board  of  Missions  for  Freedmen,  may  receive  aid  from  this  Board, 
upon  the  same  conditions  as  ministers.  They  may  be  recommended  by 
the  Presbyteiy  in  the  bounds  of  which  they  reside,  or  by  the  Presbytery 
having  jurisdiction  of  the  church  of  which  such  missionaries  may  be 
members,  and  their  applications  should  have  the  endorsement  of  the 
Board  under  which  they  have  held  commissions  (Minutes  of  General 
Assembly  of  1885,  p.  592;  1888,  p.  33;  1894,  p.  35). 

11.  If  the  application  for  aid  be  for  a  widoAV  of  a  minister,  it  may  be 
made  by  the  Presbytery  within  whose  bounds  the  family  resides,  or  prefer- 
ably by  the  Presbytery  with  which  her  husband  was  connected  at  the 
time  of  his  death  (Minutes  of  General  Assembly  of  1884,  p.  48). 

Unless  the  applicant  is  well  known,  the  Committee  of  Ministerial  Relief 
should  always  secure  the  endorsement  of  the  Session  of  the  church  of 
which  the  applicant  is  a  member,  to  the  effect  that  she  needs,  and  is 
deserving  of  the  aid  for  which  application  is  made. 

1 2.  When  a  woman  contracts  marriage  with  a  retired  minister  who  is 
receiving  aid  from  the  Board,  she  shall  not  be  entitled  at  his  death  to 
become  a  beneficiary  of  the  Board. 

13.  The  widow  of  a  minister  who  remarries  outside  of  the  ministry 
thereby  relinquishes  all  claims  upon  the  Board,  and  should  she  again 
become  a  widow  she  would  not  be  entitled  to  aid. 

14.  Except  in  extraordinary  cases,  no  appropriation  will  be  made  to 
the  widow  of  a  minister  who  has  children  able  to  give  her  support 
{Minutes  of  General  Assembly  of  1880,  p.  21). 

Orphans. — 15.  Aid  may  be  given  to  orphans  of  ministers  and  lay 
missionaries,  as  the  General  Assembly  says,  who  are  "  under  the  age  at 
which  they  are  able  to  earn  their  own  living,"  and  in  exceptional  cases 
to  orphans  who  have  been  from  early  years  ' '  chronic  invalids. ' '  The 
same  rule  applies  in  case  of  orphans  asking  for  aid,  as  in  the  case  of 
other  beneficiaries  of  the  Board  in  regard  to  recommendations  and  annual 
renewals  (  Minutes  of  General  Assembly  of  1889,  p.  32). 

Guests  at  Perth  Amboy.  — 16.  Applications  for  admission  to  the  Pres- 
byterian Ministers'  House,  at  Perth  Amboy,  N.  J.,  are  to  be  made  by 


OF    THE    GENERAL    ASSEMBLY.  393 

the  Presbyterial  Committee  in  accordance  with  the  foregoing  rules. 
Guests  are  admitted  to  the  Ministers'  House  in  lieu  of  an  appropriation 
of  money.  Any  guest  of  the  House,  who,  in  the  judgment  of  the 
Superintendent,  may  be  a  hindrance  to  its  usefulness  and  to  the  comfort 
of  the  other  guests,  shall  be  reported  by  her  to  the  Committee  in  charge, 
who  shall  have  power,  after  an  investigation  of  all  the  circumstances,  to 
recommend  to  the  Board  an  appropriation  in  money  for  the  support  of 
such  guest,  in  lieu  of  a  residence  at  the  House.  Guests  at  the  Ministers' 
House  must  be  annually  recommended  for  free  residence  there  by  the 
Presbyteries. 

Vir.        THE    BOARD    OF    MISSIONS    FOR    FREEDMEN. 

1.    The  plan  adopted  in  1870. 

In  view,  therefore,  of  all  the  papers  submitted,  and  of  the  whole  sub- 
ject as  we  have  been  able  to  examine  it,  j^our  Committee  would  recom- 
mend the  adoption  of  the  tbllowiug  resolutions,  to  wit: 

Resolved,  1.  That  the  Assembly's  Committee  on  Freedmen,  and  the 
Freedmen's  Department  of  the  Presbyterian  Committee  of  Home 
]\Iissions,  and  their  Secretaries,  are  hereby  commended  for  their  fidelity 
and  energy  in  the  prosecution  of  the  work  committed  to  their  charge, 
that  their  reports  be  printed  for  circulation  in  the  churches,  and  that 
they  be  directed  to  continue  the  work  until  the  reorganization  is  com- 
pleted. 

Eesohed,  2.  That  the  work  of  the  Presbyterian  Church  for  the  colored 
race  in  this  country,  including  both  their  religious  and  educational  inter- 
ests, shall  be  conducted  by  a  Committee  to  be  located  in  the  city  of 
Pittsbui-gh,  Pa.,  to  be  known  by  the  name,  style  and  title  of  "  The 
Presbyterian  Committee  of  Missions  for  Freedmen,"  and  that  this 
Committee  shall  consist  of  twelve  members,  of  whom  five  shall  be  a 
quorum,  to  meet  on  their  own  adjournment. 

Resolved,  3.  That  this  Committee  be  directed  to  organize  on  Thursday, 
June  16,  at  3  o'clock  P.M.,  in  the  lecture-room  of  the  First  Presby- 
terian Church  of  Pittsburgh,  Pa.,  and  that  the  Stated  Clerk  of  the 
Assembly  be  directed  to  give  official  notice  to  the  members  of  their 
election. 

Vacancies  occurring  in  this  Committee,  by  resignation  or  otherwise, 
may  be  filled  by  the  Committee  (until  the  meeting  of  the  next  Assem- 
bly) at  any  regular  meeting,  of  which  election  due  notice  has  been 
given. 

Resolved,  4.  That  the  Assembly's  Committee  on  Freedmen,  and  the 
Freedmen's  Department  of  the  Presbyterian  Committee  of  Home  Mis- 
sions, are  hereby  directed,  on  the  organization  of  this  Committee,  or  at 
as  early  a  time  as  can  be  done  safely,  to  transfer  to  the  Committee  of 
Missions  for  Freedmen  all  papers,  documents,  moneys  and  properties 
then  in  their  hands  or  under  their  control  pertaining  to  the  work;  and 
further,  these  organizations  are  continued  as  at  present  constituted  for 
the  purpose  of  receiving  and  paying  over  to  the  Committee  of  Missions 
for  Freedmen  all  moneys  which  may  come  into  their  hands  for  this  work 
by  legacy  or  otherwise. 

Resolved,  5.  That  the  Assembly  recommend  to  the  Boards  of  the 
Church  to  cooperate  with  the  Committee  of  Missions  for  Freedmen  in 
conducting  its  woi'k. 

Resolved,   6.   That  in  view    of  the  fact  that  only  one-third  of    our 


394  FORM  OF  GOVERNMENT,  CHAP.  XII. 

churches  contributed  to  this  cause  during  the  past  year,  each  Presbytery 
be  required  to  appoint  a  Committee  of  one,  whose  duty  it  shall  be,  by 
correspondence  or  otherwise,  to  see  that  this  cause  is  brought  before  each 
church  for  its  generous  contribution. 

To  conclude:  In  the  judgment  of  your  Committee,  the  great  need  of 
the  Freedmen  to-day  is  a  supply  of  competent  preachers  and  teachers, 
raised  up  from  among  themselves.  For  help  in  this  matter  we  look  with 
hope  to  Lincoln  University,  at  Oxford,  Pa. ;  to  Biddle  Memorial  Institute, 
at  Charlotte,  N.  C. ;  to  the  Normal  School  of  Winchester,  Va. ;  and  to 
other  similar  institutions  established  by  our  Church.  We  urge  especially 
the  necessity  of  providing  schools  where  females  may  enjoy  advantages 
that  may  enable  them  to  keep  pace  with  the  other  sex  in  intellectual  and 
moral  elevation. 

The  Committee  beg  leave  to  nominate  the  following  persons  to  consti- 
tute the  Presbyterian  Committee  of  Missions  for  Freedmen : 

Ministers — James  Allison,  D.D.,  Samuel  J.  Wilson,  D.D.,  John 
Gillespie,  Peter  S.  Davies,  Frederick  A.  Noble,  Elliott  E.  Swift. 

Laymen — Joseph  Albree,  John  C.  McComb,  Robert  C.  Totten,  Oliver 

McClintock,  James  B.  Lyon,  George  B.  Logan. — 1870,  p.  105. 

[Note. — The  Committee  was  authorized  to  apply  for  a  charter  {Minutes,  1882,  p.  32), 
which  was  obtained  under  the  title  of  the  Presbyterian  Board  of  Home  Missions  for 
Freedmen  of  the  Presbycerian  Church  in  the  United  States  of  America.— 1883,  p.  592. 
See  below,  3.] 

2.  Relative  duties  and  authority  of  the  Board  and  the  Presbyteries. 

Overture,  from  the  Presbytery  of  Washington  City,  asking  the  Assem- 
bly to  define  the  relative  duties  and  authorities  of  the  Freedmen' s  Board 
and  the  Presbyteries,  in  relation  to  the  Freedmen  churches  under  their 
care. 

Your  Committee  recommend:  That  all  operations  of  the  Board,  Avithiu 
the  bounds  of  any  Presbytery,  should  be  originated  and  conducted  with 
due  recognition  of  the  Presbytery  and  its  agencies,  according  to  the 
following  specifications: 

1.  While  appropriations  of  aid  to  churches  are  to  be  made  on  the 
recommendation  of  Presbyteries,  the  Assembly  regards  the  Board  as 
having  the  right  to  refuse  or  modify  such  appropriations ;  but  in  every 
case  of  refusal  or  modification,  the  Board  shall  promptly  present  to  the 
Presbytery  a  written  statement  of  the  reasons  for  so  doing. 

2.  In  questions  touching  the  organization  of  churches,  or  the  charac- 
ter of  ministers,  the  Board,  in  case  of  differences  between  the  Presby- 
tery and  itself,  should  abide  by  the  final  judgment  of  the  Presbytery. 

3.  In  the  establishment  and  maintenance  of  schools,  the  Board  should 
carefully  consider  the  recommendations  of  the  Presbytery;  but  should 
act  finally  on  its  own  judgment. 

The  recommendations  of  the  Committee  were  ad()i)ted. — 1884,  p.  48. 

3.  Charter  of  the  Board  of  Missions  for  Freedmen  of  the  Presbyterian 
Church  in  the  United  States  of  America. 

To  the  Honorable  the  Judges  of  the  Court  of  Common  Pleas,  No.  2,  of  Alle- 
gheny County,  Commonwealth  of  Pennsylvania  : 
The  undersigned  citizens  of  the  said  Commonwealth  respectfully  represent  : 
That  under  the  rules  and  usages  of  the  Presbyterian  Church  of  the  United 
States  of  America  tliey  are  desirous  of  being  incorporated  pursuant  to  the  Act 
of  the  General  Assembly  of  the  said  Conmionwealth  of  Pennsylvania,  en- 
titled "An  Act  to  provide  for  the  incorporation  and  regulation  of  certain  Cor- 
porations, approved   the  twent3'^-ninth  day  of  x\pril,  A.D.  one  thousand  eight 


OF   THE   GENERAL   ASSEMBLY.  395 

hundred  and  seventy-four,  and  the  several  supplements  thereto."     Herewith 
stating  the  object  and  purposes  thereof: 

Section  1.  Elliott  E.  Swift,  James  Allison,  Samuel  J.  Wilson,  Samuel  J. 
Fisher,  Charles  L.  Thompson,  John  M.  Richmond,  John  C.  McCombs,  Robert 
C.  Totten,  James  B.  Lyon,  William  C.  Aughiubaugh,  Robert  S.  Davis  and 
Charles  W.  Hubbard  designated  for  this  purpose  by  the  General  Assembly  of 
the  Presbyterian  Church  in  the  United  States  of  America  which  met  at  Spring- 
field, in  the  State  of  Illinois,  in  the  month  of  May,  Anno  Domini  one  thousand 
eight  hundred  and  eighty-two,  and  their  successors  in  office  chosen  from  time 
to  time  by  the  said  General  Assembly,  are  hereby  constituted  a  body  politic 
and  corporate,  to  have  perpetual  succession  by  the  name  of  "The  Board  of 
Missions  for  Freedmen  of  the  Presbyterian  Church  in  the  United  States  of 
America,"  the  object  of  which  shall  be  to  assist  in  sustaining  the  preaching  of 
the  Gospel  among  the  freedmen  of  the  United  States  of  America.,  in  building 
and  erecting  and  maintaining  churches,  schools,  academies,  colleges  and  insti- 
tutions of  learning,  for  their  benefit  and  to  superintend  the  whole  work  of 
missions  and  education  among  them  in  behalf  of  the  said  Church,  as  the 
General  Assembly  may  from  time  to  time  direct ;  also  to  receive,  take  charge 
of  and  disburse  all  property  and  funds  which  may  at  any  time  and  from 
time  to  time,  be  entrusted  to  said  Church  or  said  Board  of  Missions  for  said 
freedmen  for  missionary  or  educational  purposes. 

Sec.  2.  The  said  corporation  shall  possess  the  general  powers  and  be  sub- 
ject to  the  provisions  contained  in  Section  one  of  the  said  Act  of  Assembly,  ap- 
proved the  twenty-ninth  day  of  April,  Anno  Domini  one  thousand  eight  hun- 
dred and  seventy-four  and  its  supplements,  so  far  as  the  same  is  applicable. 

Sec.  3.  That  said  corporation  shall  in  law  be  capable  of  taking  and  receiv- 
ing and  holding  any  real  or  personal  estate  wliich  has  been  or  may  hereafter  be 
given,  devised  or  bequeathed  to  it  or  to  the  General  Assembly,  or  to  an}-^  one 
in  trust  for  the  purposes  aforesaid  and  in  conformity  with  existing  statutes,  or 
which  may  accrue  from  the  use  of  the  same,  and  the  same  to  sell,  mortgage, 
alien,  demise  and  convey,  and  to  invest  and  reinvest  in  mortgages,  stocks,  bonds 
or  other  securities,  any  money  received  for  purposes  aforesaid  by  gift,  devise  or 
bequest ;  Pi'omded  always,  That  the  clear  yearly  income  of  real  estate  held 
by  said  corporation  shall  not  at  any  time  exceed  the  amount  fixed  by  law  or 
existing  statutes. 

Sec.  4.  The  management  and  disposition  of  the  funds  and  affairs  of  said 
corporation  shall  be  vested  in  the  individuals  named  aforesaid  and  their  suc- 
cessors in  office,  who  shall  remain  in  office  for  such  period  and  be  displaced 
and  succeeded  by  others,  to  be  elected  at  such  time  and  in  such  time  and  in 
such  manner  as  the  said  General  Assembly  of  the  Presbyterian  Church  in  the 
United  States  of  America  shall  direct  and  appoint. 
In  testimony   whereof,   we   have   hereunto  set  our  hands  and  seals  this 

day  of  August,  Anno  Domini  one  thousand  eight  hundred  and 

eighty-two. 

Elliott  E.  Swift,  (Seal) 

James  Allison,  (Seal) 

S.  J.  Wilson,  (Seal) 

Robert  C.  Totten,  (Seal) 

James  B.  Lyon,  (Seal) 

Robert  S.  Davis,  (Seal) 

C.  W.  Hubbard,  (Seal) 

W.  C.  Aughinbaugh,  (Seal) 

John  C.  McCombs,  (Seal) 

State  op  Pennsylvania,  ? 
County  op  Allegheny.   ) 

Before  me,  William  H.  Graham,  Recorder  of  said  county,  personally  came 
Robert  S.  Davis,  William  C.  Aughinbaugh  and  J.  C.  McCombs,  three  of  the 
subscribers  to  the  foregoing  Articles  of  Association,  who  acknowledged  the 
same  on  behalf  of  themselves  and  their  associates  to  be  their  act  and  deed  as 
required  by  the  Act  of  Assembly  in  such  case  made  and  provided. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  official  seal  this  twen- 
ty-fourth day  of  August,  Anno  Domini  one  thousand  eight  hundred  and 
eighty -two. 

pT    a  ,  William  H.  Graham, 

'■    ■     ■■'  Recorder. 


396  form  of  government,  chap.  xii. 

In  Court  of  Common  Pleas  No.  2  of  Allegheny  County. 
In  the  matter  of  the  incorpoiatiou  of 
"  The  Board  of  Missions  for  Freed- 
men  of  tlie  Presbyterian    Church 
in  tlie  United  States  of  America." 
The  witliin  certificate  and  Articles  of  Association  having  been  presented  to 
the  Honorable  J.  W.  F.  White,  a  Law  Judge  of  the  Court  of  Common  Pleas 
No.  3,  of  said  county,  the  certificate  of  the  Recorder  of  said  county  being  en- 
dorsed thereon,  accompanied  with  proofs  of  publication  as  required  by  law, 
and  the  said  Judge  having  perused  and  examined  said  instrument  and  it  being 
found  in  proper  form,  in  accordance  with  the  second  section  of  the  Act  of 
Assembly  approved  twenty-ninth  of  April,  one  thousand  eight  hundred  and 
seventy-four,  and  said  intended  corporation  appearing  to  be  lawful  and  not 
injurious  to  the  community. 

And  now,  to  wit,  September  sixteenth,  one  thousand  eight  hundred  and 
eighty-two,  it  is  ordered  and  decreed  that  the  said  Charter  be  approved,  and 
upon  the  recording  of  the  same  with  this  order  the  sul)scribers  thereto  and 
their  associates  shall  be  a  corporation  for  the  purpose  and  trusts  therein  stated, 
and  that  this  decree  and  said  charter  shall  be  recorded  in  the  Office  for  Re- 
cording Deeds  in  said  County  of  Allegheny,  and  thenceforth  the  persons 
named  therein  and  subscribed  thereto,  with  their  associates  and  successors,  shall 
be  a  corporation  by  the  name  herein  given.  Per  Curiam. 

pj    a  1  From  the  record, 

'-^-  ^'-l  J.  0.  Brown,  Prothonotary. 

VIII.       THE    BOARD    OF    AID    FOR    COLLEGES    AND   ACADEMIES. 

1.   Establishment  and  constitution  of  the  Board. 

The  Special  Committee  ou  Education  appointed  by  the  Assembly  of 
1881,  enlarged  and  continued  by  the  Assembly  of  1882,  herewith  report 
(see  Minutes,  1883,  pp.  581-590).  The  recommendations  were  adopted, 
viz.: 

1.  That  a  definite  agency  be  instituted  that  shall  have  in  charge  the 
interests  of  higher  education  as  connected  with  the  Presbyterian  Church. 

2.  That  this  agency  be  a  separate  and  independent  Board,  with  its 
distinct  officers  and  work. 

3.  That  the  Board  be  constituted  under  the  following  provisions,  viz. : 

A.  The  name  of  this  Board  shall  be  "  The  Presbyterian  Board  of  Aid 
for  Colleges  and  Academies;"  and  the  general  work  shall  have  the  limita- 
tions indicated  by  its  title. 

B.  The  Board  shall  consist  of  twenty- four  members,  divided  into  three 
classes,  composed  equally  of  ministers  and  laymen,  and  one  class  shall 
be  elected  each  year. 

C.  The  officers  of  this  Board  shall  be  a  President,  Vice-President, 
Treasurer  and  Permanent  Secretary. 

D.  In  the  constitution  of  the  Board  the  diflferent  parts  of  the  country 
shall  be  equitably  represented. 

E.  The  headquarters  of  the  Board  shall  be  at  Chicago,  and  the  Exec- 
utive Committee  of  the  Board  shall  be  residents  in  Chicago  or  in  the 
immediate  vicinity. 

F.  Meetings  of  the  Board  may  be  held  at  different  points  in  the  coun- 
try as  the  Board  shall  elect. 

G.  The  province  of  the  Board  shall  be  to  secure  an  annual  offering 
from  the  churches  for  this  cause;  to  cooperate  with  local  agencies  in 
determining  sites  for  new  institutions ;  to  decide  what  institutions  shall  be 
aided ;  to  assign  to  those  institutions  seeking  endowment  the  special 
fields  open  to  their  appeals,  that  clashing  between  them  may  be  avoided; 
and  to  discourage  all  indej)endent  appeals  to  the  Church  at  large. 


OF    THE    GENERAL    ASSEMBLY,  397 

H.  The  funds  received  by  the  Board  shall  be  devoted  either  to  current 
expenses  of  struggling  institutions,  or  to  permanent  endowments. 

The  funds  shall  be  secured  (a)  by  annual  offerings  from  the  churches, 
mainly  for  current  expenses  of  the  institutions;  {b)  by  special  applica- 
tions for  endowment  under  the  approval  and  general  direction  of  the  Board. 

I.  (a)  Every  institution  hereafter  established,  as  a  condition  of 
receiving  aid,  shall  be  either  organically  connected  with  the  Presbyterian 
Church  in  the  United  States  of  America,  or  shall  by  charter  provision 
perpetually  have  two-thirds  of  its  Board  of  Control  members  of  the 
Presbyterian  Church. 

(b)  In  the  case  of  institutions  already  established,  and  not  included 
under  the  above  provisions,  appropriations  for  endowment  shall  be  so 
made  as  to  revert  to  the  Board  whenever  these  institutions  shall  pass  from 
Presbyterian  control. 

(c)  In  all  other  respects  the  disbursement  of  funds  by  the  Board  shaU 
be  wholly  discretionary  with  the  Board,  both  as  to  amount  and  direction, 
subject  always  to  the  control  of  the  General  x4.ssembly. 

4.  That  the  Board  be  chartered  under  the  laws  of  the  State  of  Illinois, 
and  under  the  laws  of  such  other  States  as  may  at  any  time  hereafter, 
by  said  Board,  be  deemed  necessary  or  advisable,  and  be  empowered  to 
receive  legacies,  bequests  and  devises. 

5.  That  a  Committee  be  now  appointed  to  report  to  this  Assembly  the 
names  of  twenty- four  members  for  this  Board,  and  any  needed  directions 
for  organization;  and  that  when  so  reported  and  approved  by  this  Assem- 
bly, said  members  shall  be  authorized  and  enjoined  to  perfect  the  organi- 
zation of  the  Board  at  the  earliest  possible  date,  and  to  proceed  at  once 
to  its  vast  and  responsible  work. — 1883,  p.  589. 

[Note. — For  the  organization  of  the  Board,  see  Minutes,  1883,  pp.  645,  &46;  Digest, 
1886,  pp.  570.] 

2.   The  Bible  to  be  used  as  a  text-book. 

a.  Resolved,  That  no  institutions  be  taken  under  the  care  of  this  Board, 
unless  the  Bible  be  systematically  used  as  a  text- book  in  the  curriculum; 
and  that  the  institutions  be  required  to  show  in  detail,  in  their  spring 
reports  to  the  Board,  what  response  they  have  made  to  this  requisition; 
and  that  the  Board  be  instructed  to  withhold,  at  its  discretion,  the  annual 
appropriation  in  all  cases  in  which  the  spirit  of  this  requisition  does  not 
appear  to  have  been  met. — 1889,  p.  48. 

b.  Resolved,  That  the  General  Assembly  hereby  directs  the  Board  to 
adhere  diligently  to  the  following  points  in  the  policy  of  its  management, 
viz.,  the  systematic  study  of  the  Bible  by  every  student.  The  rules  by 
which  it  assures  full  Presbyterian  control  of  institutions  and  of  all  prop- 
erty funds  invested  through  the  Board.  The  refusal  of  the  Board  to 
incur  debt  or  to  allow  its  institutions  to  live  beyond  their  income.  The 
prohibition  of  the  solicitation  of  funds  by  institutions  except  from  personal 
friends  or  in  their  own  regions,  the  Board  itself  to  solicit,  and  to  distribute 
funds,  and  to  secure  them  to  the  Church. — 1894,  p.  86. 

3.    The  Charter  of  the  Board  of  Aid  for  Colleges  and  Academies. 

State  of  Illinois — Department  of  State. 

Henry  D.  Dement,  Secretary  of  State. 

To  all  to  whom  these  presents  shall  come — Greeting  : 

Whereas  a  certificate,  duly  signed  and  acknowledged,  having  been  filed  in 
the  office  of  the  Secretary  of  State  on  the  sixth  day  of  October,  Anno  Domini 
one  thousand  eight  hundred  and  eighty-three,   for  the  organization  of  "The 


398  FORM    OF    GOVERNMENT,    CHAP.    XII. 

Presbyterian  Board  of  Aid  for  Colleges  and  Academies,"  under  and  in  accord- 
ance with  the  provisions  of  "An  Act  Concerning  Corporations,"  approved 
April  eighteen,  one  thousand  eight  hundred  and  seventy -two,  and  in  force 
July  one,  one  thousand  eight  hundred  and  seventy-two,  a  copy  of  which  cer- 
tificate is  hereto  attached. 

Now,  therefore,  I,  Henry  D.  Dement,  Secretary  of  State  of  the  State  of  Illi- 
nois, by  virtue  of  the  powers  and  duties  vested  in  me  by  law  do  hereby  certify 
that  the  said  "The  Presbyterian  Board  of  Aid  for  Colleges  and  Academies  "  is  a 
legally  organized  corporation  under  the  laws  of  this  State. 

In  testimony  whereof  I  hereto  set  my  hand  and 
cause  to  be  affixed  the  great  seal  of  State. 
SEAL  OF  THE  Doue  at  the  city  of  Springfield   this  sixth  day  of 

STATE  OF  October,  in  the  year  of  our  Lord  one  thousand  eight 

ILLINOIS.  hundred  and  eighty- three,  and  of  the  Independence 

of  the  United  States  the  one  hundred  and  eighth. 
Henry  D.  Dement, 

Secretary  of  State. 
State  of  Illinois,  \  ^^  . 
County  OP  Cook,    j 
To  the  Secretary  of  State  of  the  State  of  Illinois  : 

Whereas,  The  "  General  Assembly  of  the  Presbyterian  Church  in  the  United 
States  of  America,"  at  its  annual  meeting  held  at  Saratoga  Springs,  in  the 
State  of  New  York,  in  the  month  of  May,  Anno  Domini  one  thousand  eight 
hundred  and  eighty-three,  did  constitute  and  establish  a  Board  or  Commission 
under  the  name,  style  and  title  of  "The  Presbyterian  Board  of  Aid  for  Col- 
leges and  Academies,"  the  same  to  be  subordinate  and  subject  to  the  general 
supervision  and  control  of  the  said  General  Assembly,  which  said  Board  was 
by  said  General  Assembly  charged  and  entrusted  with  the  interests  of  higher 
education  as  connected  with  the  said  Presbyterian  Church. 

And  Wiereas,  The  said  General  Assembly  at  said  meeting  ordered  that  said 
Board  shall  consist  of  twenty-four  members,  divided  into  three  classes,  com-_ 
posed  equally  of  ministers  and  laymen  of  said  Church,  and  that  one  class ' 
shall  be  elected  each  year,  the  same  to  be  elected  by  said  General  Assembly. 

And  W/iereas,  The" said  General  Assembly  did  elect  the  following  named 
persons  to  be  members  of  said  Board  to  serve  for  the  periods  as  stated  below, 
to  wit : 
Ministers  to  serve  for  one  year — 

Rev.  How^ard  Crosby,  of  New  York,  N.  Y. 
Rev.  Matthew  Newkirk,  of  Philadelphia,  Pa. 
Rev.  Hervey  D.  Ganse,  of  St.  Louis,  Mo. 
Rev.  John  De  Witt,   of  Cincinnati,  O. 
Laymen  to  serve  for  one  year — 

Benjamin  Harrison,  of  Indianapolis,  Ind. 
John  S.  McDonald,  of  Fond  du  Lac,  Wis. 
William  O.  Hughart,  of  Grand  Rapids,  Mich. 
William  A.  Woods,  of  Indianapolis,  Ind. 
Ministers  to  serve  for  two  years — 

Rev.  George  D.  Baker,  of  Detroit,  Mich. 
Rev.  John  N.  Freeman,  of  Milwaukee,  Wis. 
Rev.  Abbot  E.  Kittredge,  of  Chicago,  111. 
Rev.  Robert  F.  Semple,  of  Minneapolis,  Minn. 
Laymen  to  serve  for  two  years — 

Samuel  M.  Breckenridge,  of  St.  Louis,  Mo. 
Dan  P.  Eells,  of  Cleveland,  O. 
Cyrus  H.  McCormick,  Jr.,  of  Chicago,  111. 
Otis  D.  Swan,  of  Emporia,  Ivans. 
Ministers  to  serve  for  three  years- 
Rev.  Herrick  Johnson,  of  Chicago,  111. 
Rev.  Simon  J.  McPherson,  of  Chicago,  111. 
Rev.  John  W.  Dinsmore,  of  Bloomington,  111. 
Rev.  Thomas  H.  Cleland,  of  Keokuk,  la. 
Laymen  to  serve  for  three  years — 

Charles  M,  Henderson,  of  Chicago,  111. 
Charles  M.  Charnley,  of  Chicago,  111. 
Homer  N.  Ilibbard,  of  Hyde  Park,  111. 
Robert  H.  McClellan,  of  Galena,  111. 


OF    THE    GENERAL    ASriKMBLY.  399 

And  Whereas,  Said  General  Assembly  did  order  and  direct  that  said  Board 
obtain  a  charter  and  become  incorporated  under  the  laws  of  the  State  of 
Illinois  : 

Now,  therefore,  we  the  undersigned,  Herrick  Johnson,  John  N.  Freeman, 
Abbot  E.  Kittredge,  John  W.  Dinsmore,  Simon  J.  McPherson,  Matthew  New- 
kirk,  Hervey  D.  Ganse,  OtisD.  Swan,  William  O.  Hughart,  John  S.  McDonald, 
Charles  M.  Henderson,  Robert  H.  McClellan  and  Homer  N.  Hibbard,  citizens 
of  the  United  States,  propose  to  form  a  corporation  under  an  Act  of  the 
General  Assembly  of  the  State  of  Dlinois,  approved  April  eighteenth,  one 
thousand  eight  hundred  and  seventy-two,  and  that  for  the  purpose  of  said  or- 
ganization we  hereby  state  as  follows,  to  wit : 

1.  The  name  of  such  corporation  is  "The  Presbyterian  Board  of  Aid  for 
Colleges  and  Academies." 

2.  Said  corporation  is  not  for  pecuniary  profit. 

3.  The  objects  for  which  it  is  formed  are  the  securing  and  receiving  money 
or  other  property  in  any  legal  manner  authorized  and  approved  by  the  General 
Assembly  of  the  Presbyterian  Church  in  the  United  States  of  America.  The 
money  and  property  thus  received  to  be  devoted  to  current  expenses  or  to  per- 
manent endowments  of  struggling  institutions  of  learning  or  to  the  establish- 
ment of  new  institutions  and  to  defray  the  necessary  expenses  of  said  Board. 

Every  institution  of  learning,  as  a  condition  of  receiving  aid,  shall  be  either 
organically  connected  with  the  Presbyterian  Church  in  the  United  States  of 
America,  or^hall  by  charter  provision  have  two-thirds  of  its  Board  of  Control 
members  of  the  Presbyterian  Church. 

In  the  case  of  institutions  already  established  and  not  included  under  the 
above  provisions  appropriations  for  endowment  shall  be  so  made  as  to  revert 
to  the  Board  whenever  such  institution  shall  pass  from  Presbyterian  control. 

4.  The  management  of  the  aforesaid  corporation  shall  be  vested  in  the  entire 
Board  of  twenty-four  members,  who  shall  hereafter  be  designated  and  elected 
by  the  General  'Assembly  of  the  Presbyterian  Church  in  the  United  States  of 
America,  as  recited  in  the  preamble  to  this  certificate  ;  and  the  persons  who 
may  be  so  elected  shall  be,  by  virtue  of  such  election,  members  of  the  Board 
incorporated  pursuant  to  this  certificate. 

5.  The  person  whose  names  are  written  in  the  preamble  to  this  certificate 
are  hereby  selected  to  control  and  manage  said  corporation  for  the  first  year  of 
its  corporate  existence. 

6.  The  location  is  in  the  city  of  Chicago,  in  the  County  of  Cook  and  State 

^^I"^^^^^-  Herrick  Johnson, 

Abbot  E.  Kittredge, 
John  N.  Freeman, 
Charles  M.  Henderson, 
John  W.  Dinsmore, 
Simon  J.  McPherson, 
William  O.  Hughart, 
Otis  D.  Swan, 
Matthew  Newkirk, 
Robert  H.  McClellan, 
John  S.  McDonald, 
Hervey  D.  Ganse, 

State  of  Illinois,  \ ,,  .  ^^^^^  N-  Hibbard. 

County  OF  Cook,    j 

I,  James  J.  Noble,  a  Notary  Public  in  and  for  the  County  and  State  afore- 
said, do  hereby  certify  that  on  this  nineteenth  day  of  September,  Anno  Domini 
one  thousand  eight  hundred  and  eighty-three,  personally  appeared  before  me 
Herrick  Johnson,  Abbot  E.  Kittredge,  John  N.  Freeman,  Charles  M.  Hender- 
son, John  W.  Dinsmore,  Simon  J.  McPherson,  William  O.  Hughart,  Otis  D. 
Swan,  Matthew  Newkirk,  Robert  H.  McClellan,  John  S.  McDonald,  Hervey 
D.  Ganse  and  Homer  N.  Hibbard,  to  me  personally  known  to  be  the  same 
persons  who  executed  the  foregoing  statement,  and  severally  acknowledged 
that  they  had  executed  the  same  for  the  purposes  therein  set  forth. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  notarial  seal  the  day 
and  year  last  above  written. 

James  J.  Noble, 
(Seal)  Notary  Public. 


400  FORM  OF  GOVERNMENT,  CHAP.  XII^^ 

United  States  of  America,  )  '  ^  Secretaky. 

State  of  Illinois.  ) 

I,  Isaac  N.  Pearson,  Secretary  of  State  of  the  State  of  Illinois,  do  hereby 
certify  that  the  foregoing  is  a  true  copy  of  TJie  Articles  of  Incorporation  of  The 
Presbyterian  Board  of  Aid  for  Colleges  and  Academies,  the  original  of  which 
is  now  on  file  in  this  office. 

In  witness  whereof  I  hereto  set  my  hand  and  aflRx  the  great  seal  of  State  at 
the  city  of  Springfield  this  thirteenth  day  of  March,  Ann(3^ Domini  one  thou- 
sand eight  hundred  and  ninety. 

I.  N.  Pearson, 
(Seal)  Secretary  of  State. 

IX.       THE   SPECIAL   COMMITTEE   ON   SYSTEMATIC   BENEFICENCE. 

[Note.— In  1871,  Minutes,  p.  551,  the  Assembly  appointed  "A  Committee  on  Benevo- 
lence and  Finance,"  and  adopted  a  plan  of  its  proceedings.  See  Minutes,  1871,  p.  551. 
In  1872  the  plan  was  amended  and  adopted  (1872,  pp.  49,  50 ;  see  Digest,  1886,  p.  4.55  ; 
Minutes,  1873,  p.  507).  The  "Committee  on  Benevolence  and  Finance"  was  discon- 
tinued (1874,  p.  26;  1875,  p.  530;  1878, '.p.  574).  In  1879  the  Standing  Committee  on 
Benevolence  presented  a  resume  of  the  action  of  the  Assembly  since  1871  (Minutes,  1879, 
pp.  622,  623;  Digest,  1886,  pp.  566,  567).] 

1.  Appoifttment. 

Resolved,  That  the  General  Assembly  appoint  a  Permanent  Com- 
mittee on  Systematic  Beneficence  (a  Committee  of  organization  and 
instruction),  whose  duties  shall  be  those  specified  in  this  report,  who 
shall  make  their  report  annually  to  the  General  Assembly. 

Resolved,  This  Committee  shall  consist  of  five  members,  three  min- 
isters and  two  elders.     Adopted. — 1879,  pp.  622,  623. 

2.  The  committee  enlarged  to  twelve. 

1.  That  the  Permanent  Committee  be  enlarged  to  twelve,  so  as  to 
distribute  its  labors  more  widely ;  and  they  suggest  that  Cleveland  be  its 
centre,  with  the  following  persons  as  members  of  the  Committee:  Mm- 
isters — Arthur  Mitchell,  Charles  S.  Pomeroy,  Henry  M.  MacCracken, 
I.  Williams  Cochran,  Arthur  T.  Pierson,  William  T.  Wylie ;  Elders — 
Dan  P.  Eells,  Archibald  McClure,  AVilliam  Bate  well,  Thomas  Kane, 
Walter  Carter,  H.  C.  Noble. 

2.  We  recommend  that  the  work  be  prosecuted  in  the  future,  as  in  the 
past  two  years,  in  full  sympathy  with  all  of  our  Boards,  endeavoring  to 
secure  from  every  member  of  every  church,  an  adequate  contribution  for 
each  of  our  objects  of  benevolence,  and  that,  for  this  purpose,  every 
Presbytery  and  Synod  should  have  a  Committee  on  Systematic  Benefi- 
cence, each  church  should  have  a  plan  of  giving,  and  each  member  should 
be  taught  to  set  apart  regularly  a  certain  proportion  of  his  income  to  the 
Lord. 

3.  Each  Session  is  desired  to  fill,  according  to  past  injunctions  of  the 
Assembly,  the  statistical  blank  sent  them  in  the  interests  of  this  Commit- 
tee.    Adopted.— 1881,  p.  572. 

3.  Name  changed.    Work  and  expenses. 

Resolved,  That  the  name  of  the  "  Permanent  Committee  on  Systematic 
Beneficence ' '  be  changed  to  the  ' '  Special  Committee  on  Systematic 
Beneficence." 

That  the  expenses  of  the  Committee  for  the  past  year  to  the 
amount  of  $490.30  be  paid  out  of  the  Contingent  Fund  of  the  General 
Assembly.— 1887,  p.  122. 


■^  OF    THE   GENERAL   ASSEMBLY.  401 

Resolved,  That  a  sum  not  to  ex  teed  $1000  be  appropriated  to  carry  on 
the  work  of  this  Committee  for  the  next  year. — ^1894,  p.  147;  1895,  p. 
84;  T896,  p.  90;  1897,  p.  99. 

That  instruction  and  authority  be  given  to  the  Committee  on  System- 
atic Beneficence  to  furnish,  free  of  charge,  subscription  blanks  and 
collection  envelopes,  to  all  who  apply  for  them,  for  the  purpose  of  secur- 
ing larger  gifts  for  the  work  of  our  Church,  the  cost  of  the  same,  includ- 
ing the  postage,  to  be  met  by  the  several  Boards  in  whose  interests  this 
service  is  rendered. — 1897,  p.  99. 

X.       THE    PERMANENT   COMMITTEE  ON    TEMPERANCE. 

1.    Organization  and  work. 

[Note. — A  Special  Committee  of  nine  was  appointed  in  1880  {Minutes,  p.  75),  to 
whom  was  referred  the  question  of  a  Permanent  Committee  of  the  Assembly  on  Tem- 
perance ;  they  report :] 

They  Avould,  therefore,  recommend  that  this  Assembly  appoint  a 
Permanent  Committee  on  Temperance,  which  shall  consist  of  fifteen 
members,  eight  ministers  and  sev-en  laymen,  a  majority  of  whom  shall 
reside  in  and  near  New  York ;  who  shall  hold  their  first  meeting  in  that 
city  on  the  second  Tuesday  of  June  next ;  and  then  and  there  divide  by 
lot  into  three  separate  sections  of  five  each,  to  hold  office  for  one,  two 
and  three  years ;  their  successors  to  be  appointed  each  year  for  a  term  of 
three  years  by  the  General  Assembly ;  the  said  Committee  to  adopt  their 
own  by-laws,  subject  to  the  approval  of  the  Assembly. 

The  duty  of  this  Permanent  Committee  shall  be,  to  seek  to  quicken 
and  to  unite  our  Synods  and  churches  in  suitable  measures  for  promoting 
the  Temperance  reform ;  to  mature  and  report  action  on  the  subject  to 
the  General.  Assembly ;  to  gather  and  report  such  statistics  as  may  be  of 
Value  and  interest  to  the  Church;  to  call  attention  to  the  deliverances  of 
the  Assembly  on  temperance,  and  recommend  to  the  Board  of  Publica- 
tion the  issue  of  suitable  work  on  the  subject ;  to  codify  the  previous 
acts  of  the  Assembly  on  temperance  for  publication  by  the  Board ;  and 
to  initiate  measures  for  promoting  similar  action  by  other  branches  of 
the  evangelical  Church.  The  expense  of  such  publications  shall  be 
borne  by  the  Board.     Adopted. — 1881,  p.  537. 

2.    The  committee  reorganized  and  located  at  Pittsburgh. 

Resolved,  That  the  Permanent  Committee  on  Temperance  be  continued 
as  the  natural  complement  to  the  similar  Committees  in  Presbyteries  and 
Synods,  and  as  completing  the  organic  bond  between  the  Presbyterian 
Church  and  the  great  temperance  movement. 

Resolved,  That,  in  the  judgment  of  this  Assembly,  the  work  thus  far 
practicable  on  the  part  of  this  Committee  is  not  sufficiently  large  or 
extensive  to  demand  a  Corresponding  Secretary,  all  of  whose  time  shall 
be  given  to  this  work,  and  that  the  contributions  from  the  churches  do 
not  justify  at  present  such  an  outlay. 

Resolved,  That  the  resignation  of  the  Corresponding  Secretary  should 
be  accepted  by  the  Committee,  and  that  the  Committee  be  requested  to 
carry  on  the  work  as  economically  as  possible,  leaving  the  future  to  show 
whether  the  work  shall  so  expand  and  the  cooperation  of  the  churches  so 
increase  as  to  justify  larger  administrative  force  and  corresponding  expen- 
diture. 

Resolved,  That  the  Permanent  Committee  be  reorganized,  as  follows: 
26 


402  FORM  OF  GOVERNMENT,  CHAP.  XII. 

That  its  headquarters  shall  be  in  Pittsburgh,  Pa.  ;  that  it  be  composed  of 
the  following:  Minider.^ — Elliott  E.  Swift,  D.D. ,  Chairman;  William 
O.  Campbell,  D.D.,  William  J.  Holland,  Isaac  N.  Hays,  D.D.,  J.  P. 
E.  Kumler,  D.D. ,  Neville  B.  C.  Comingo;  Elders — C.  L.  Rose,  O.  L. 
Miller,  M.D.,  J.  H.  Baldwin,  Thomas  H.  Rabe,  Robert  S.  Totten, 
William  B.  Negley.  And  the  Committee  shall  determine  by  lot  the  sev- 
eral terms  of  their  service  and  report  the  result  to  the  Stated  Clerk  for 
insertion  in  the  Minutes  of  the  Assembly. 

Resolved,  That  the  deficiency  of  the  late  Permanent  Committee  on 
Temperance,  to  the  amount  of  $2100,  be  paid  by  the  Stated  Clerk  of  the 
General  Assembly,  out  of  the  Contingent  Fund  of  the  Assembly  of 
1887,  provided  there  be  no  objection  made  to  such  appropriation  of  said 
fund  on  the  part  of  a  majority  of  the  Presbyteries. — 1886,  p.  235. 

3.    Cooperation  with  Committee.    Provision  for  expenses. 

a.  The  report  of  the  Standing  Committee  on  Temperance  was  recon- 
sidered, and  the  fourth  recommendation  (p.  72)  of  the  Committee  appro- 
priating $500  for  the  expense  of  the  Permanent  Committee  on  Temper- 
ance was  disapproved;  whereupon  the  Permanent  Committee  on 
Temperance  was  recommended  to  the  churches  for  contributions  to  defray 
the  necessary  expenses  of  their  work  during  the  present  year. — 1882, 
p.  106. 

b.  That  the  Permanent  Committee  be  continued  and  recommended 
to  the  continued  confidence  of  the  Church,  and  that  where  Synodical 
and  Presbyterial  Committees  do  not  already  exist,  it  is  recommended 
that  they  be  constituted,  and  that  all  the  Committees  place  them- 
selves in  communication  with  the  Secretary  of  the  Permanent  Com- 
mittee. 

Whereas,  The  last  General  Assembly  resolved  *'  that  the  deficiency 
of  the  late  Permanent  Committee  on  Temperance,  to  the  amount  of 
$2100,  be  paid  by  the  Stated  Clerk  of  the  General  Assembly,  out  of 
the  Contingent  Fund  of  the  Assembly  of  1887,  provided  there  be  no 
objection  made  to  such  appropriation  on  the  part  of  a  majority  of  the 
Pi'esbyteries, "  and, 

Wherea-'!,  In  response  to  this  resolution,  a  majority  of  the  Presbyteiies 
not  only  did  not  object,  but  a  majority  of  those  which  voted  upon  the 
subject,  favored  the  payment  of  the  said  indebtedness ;  thei'efore. 

Resolved,  That  the  Stated  Clerk  be  directed  to  pay  the  said  deficiency 
out  of  the  Contingent  Fund  of  this  Assembly,  and  that  inasmuch  as  part 
of  said  deficiency  has  been  paid,  that  the  subject  of  its  true  amount  be 
referred  for  ascertainment  and  settlement  to  the  Permanent  Committee 
on  Temperance  and  the  Stated  Clerk.— 1887,  p.  127;  1889,  p.  98. 

C.  We  earnestly  suggest  that  a  work  so  worthy  is  deserving  of  and 
ouirht  to  receive  a  more  generous  support,  and  that,  so  far  as  possible,  aU 
our  churches  make  an  offering  to  the  work  of  this  Committee,  either  on 
Temperance  Day,  or  at  such  other  time  as  may  be  most  convenient. — 
1897,  p.  125. 

d.  This  Assembly  reaflRrms  the  action  of  the  Assembly  of  1896, 
' '  That  the  third  Sabbath  in  November  of  each  year, ' '  or  some  other 
convenient  day,  "  shall  be  known  as  Temperance  Day,  and  be  observed 
by  all  our  churches,  if  practicable ;' '  that  in  our  preaching  and  prayers, 
in  our  Sabbath-school  teaching,  in  the  services  of  our  Young  People's 
Societies,  and  in  our  homes,  we  may  turn  the  hearts  and  lives  of  men 


OF    THE    GENERAL    ASSEMBLY.  40o 

away  from  the  awful  curse  that  rests  uix)u  those  who  go  the  way  of  the 
druukard.— 1897,  p.  128. 

e.  That  it  is  recommended  to  the  Session  of  each  church,  and  the 
several  Presbyteries  and  Synods,  to  appoint  Standing  Committees,  if  any 
have  not  already  done  so,  to  cooperate  with  the  Permanent  Committee 
of  the  General  Assembly,  in  the  endeavor  to  quicken  and  inspire,  to 
unify  and  direct  the  energies  of  our  people  eftectively  and  constantly 
against  this  evil  and  in  the  establishment  of  the  opposite  virtue. — 1897 
p.  128. 

XI.   THE  CHURCH  AT  HOME  AND  ABROAD. 

[Note. — In  1883,  p.  617,  a  Special  Committee  of  five  was  appointed  to  take  into  con- 
sideration the  whole  subject  of  the  missionary  periodicals  published  by  the  Boards ; 
to  report  to  the  next  Assembly.  For  the  report  of  that  Committee  see  Minutes,  1884^ 
pp.  60-62.  The  Committee  was  continued  and  enlarged.— 1885,  p.  586;  in  1886  see 
report,  pp.  30,  36.] 

1.    The  mag^azine  established. 

It  was : 

Resolved,  1.  That,  commencing  with  January,  1887,  there  shall  be 
but  one  authorized  periodical  to  present  the  work,  need  and  claims  of 
all  our  benevolent  Boards  to  the  churches  under  the  care  of  the  General 
Assembly.— 1886,  p.  37. 

Resolved,  2.  That  the  whole  subject  of  the  organization  and  methods  of 
the  consolidated  magazine,  as  determined  upon  by  this  Assembly,  is  now 
referred  to  a  Special  Committee  consisting  of  Ministers — Marvin  R. 
Vincent,  D.D.,  Howard  Crosby,  D.D.,  LL.D.,  Erskine  N.  White,  D.D., 
W.  P.  Breed,  D.D.,  Charles  A.  Dickey,  D.D.,  Arthur  T.  Pierson, 
D.D.,  John  S.  Macintosh,  D.D.,  and  Ruling  Elders  — Anson  D.  F. 
Randolph,  Warner  Van  Norden,  John  H.  Dey  and  Robert  N.  Willson. 

Resolved,  3.  That  this  Committee  is  hereby  directed  to  consult  Avith  all 
the  Boards  through  their  respective  Secretaries,  so  as  to  be  fully  informed 
as  to  their  wishes  and  the  reasons  thereof,  as  to  the  arrangements  for  this 
new  magazine. 

Resolved,  4.  That  this  Committee  shall  have  power  to  determine 
whether  an  editor  shall  be  employed ;  and  if  one  is  employed,  then  to 
choose  the  editor,  to  determine  his  duties,  and  to  fix  his  salary,  to  appor- 
tion the  expenses  of  the  magazine  among  the  Boards,  and  to  do  what- 
ever may  be  necessary  to  start  this  publication,  and  to  conduct  it  until 
the  next  General  Assembly. 

Resolved,  5.  That  this  Committee  is  directed  to  report  to  the  next 
General  Assembly  any  measures  which  they  may  deem  necessary  to 
continue  the  magazine  in  the  manner  best  adapted  to  meet  its  purposes, 
and  that  when  their  report  is  accepted  their  duties  shall  cease. — 1886, 
pp.  101,  102. 

[Note.— The  Committee  as  above  appointed  presented  a  full  report,  which  was 
adopted  (1887,  pp.  60-67).  It  announced  the  election  of  Rev.  Henry  A.  Nelson,  D.D., 
as  editor  and  his  acceptance  of  the  position,  p.  62 ;  and  gave  the  title  of  the  magazine 
as  The  Church  at  Home  and  Abroad.  It  outlined  the  general  plan  of  the  magazine,  and 
assigned  its  publication  to  the  Presbyterian  Board  of  Publication.  See  for  changes  of 
details  and  instructions  of  the  Assembly,  the  annual  Minutes  from  1888  onward.] 

2.    The  special  committee  continued,  with  powers. 

Resolved,  That  the  Special  Committee  on  The   Church  at  Home  and 

Abroad   be  continued,  with  the  same  powers  which  have  been  already 

conferred,  and  be  directed  to  report  to  the  Assembly  of  1889;  that  the 

expenses  of  the  Committee  be  paid  out  of  the  funds  of  the  magazine, 


404  FORM  OF  GOVERNMENT,  CHAP.  XII. 

and  that,  inasmuch  as  two  vacancies  exist — Dr.  Erskine  N.  White  aud 
Dr.  M.  R.  Vincent  having  resigned — it  is  recommended  that  Rev. 
Stealy  B.  Rossiter,  in  the  place  of  Dr.  White,  and  Rev.  Henry  T. 
McEwen,  in  the  place  of  Dr.  Vincent,  be  added  to  the  Committee. — 
1888,  p.  24;  1889,  p.  25;  1890,  p.  12;  1891,  p.  16. 

3.    The  committee  enlarged. 

Resolved,  1.  That  the  Secretaries  nominated  by  the  Boards  of  Home 
and  Foreign  Missions  be  added  to  the  Assembly's  Committee —one  from 
each  of  these  Boards,  increasing  the  number  of  the  Committee  by  an 
additional  member — there  he'mg  now  a  single  vacancy. 

2.  That  the  Committee  be  recommended  to  confer  with  the  Boards 
with  a  view  of  having  the  matter  furnished  by  them  presented  to  the 
Churcli  in  a  more  attractive,  compact  aud  popular  form:  that  the  Com- 
mittee be  advised  to  consider  the  propriety  of  a  more  liberal  use  of  illus- 
trations in  the  magazine ;  and  also  to  have  each  Board  appoint  as  special 
representative  one  of  its  Secretaries  or  members,  who  shall  be  the  Board's 
special  correspondent  with  the  editor  of  the  magazine  and  the  Chairman 
of  the  Assembly's  Committee,  and  that  a  full  list  of  these  representatives 
appear  on  the  cover  of  the  magazine. 

3.  That  the  Committee  be  reappointed,  with  the  same  powers,  and  be 
directed  to  report  to  the  Assembly  of  1893.— 1892,  pp.  24,  25; 
1893,  p.  136;  1894,  p.  22;  1895,  p.  40;  1896,  p.  23. 

XII.       THE   ASSEMBLY    HERALD. 

1.    The  paper  established. 

1.  The  Committee  on  Bills  and  Overtures  presented  requests  from 
ninety  Presbyteries,  asking  the  Assembly  to  adopt  some  plan,  whereby 
information  as  to  the  work  of  our  Church  through  its  various  Boards 
may  be  periodically  printed  in  an  inexpensive  newspaper  form,  for  gen- 
eral distribution  among  all  the  families  of  our  Church,  and  this,  in 
addition  to  the  circulation  of  our  regular  missionary  magazine,  The 
Church  at  Home  and  Abroad. 

The  following  action  is  recommended : 

Resolved,  1.  That  the  General  Assembly  assume  the  responsibility  of 
publishing  an  inexpensive  missionary  paper. 

Resolved,  2.  That  the  various  Boards  of  the  Church  be  directed  to 
furnish  material  aud  assume  pro  rata  any  deficit  that  may  be  incurred, 
and  I'eceive  any  surplus. 

Resolved,  3.  That  the  Rev.  W.  H.  Hubbard  and  the  Rev.  Rufus  S. 
Green,  D.D.,  be  appointed  managers  and  editors  for  the  ensuing  year, 
without  financial  compensation,  and  make  full  report  to  the  next  Assembly. 

Resolved,  4.  That  the  size  of  the  paper  shall  be  sixteen  pages. 

Resolved,  5.  That  the  paper  shall  be  published  ten  months  in  the  year, 
no  paper  to  be  issued  during  July  and  August. 

Resolved,  6.  That  the  price  of  the  paper  shall  be  ten  cents  per  annum 
to  clubs,  and  twenty-five  cents  to  individuals. 

Resolved,  7.  That  the  name  of  the  paper  shall  be  The  Assembly  Herald. 
—1894,  pp.  155,  156. 

[Note. — For  the  report  of  the  managers  and  editors  of  the  Assembly  Herald,  see 
Minutes,  1895,  pp.  24,  25.  The  report  was  referred  to  a  Special  Committee  of  five : 
Hon.  James  A.  Beaver,  M.  D.  Kneeland,  D.D.,  W.  W.  McKinney,  D.D.,  Alexander 
W.  Dickson  and  Frank  H.  Clement.— p.  25.] 


OF   THE   GENERAL   ASSEMBLY.  405 

2.    Report  of  special  committee,  1895. 

2.  The  Special  Committee  on  The  Assembly  Herald  presented  its  report, 
■which,  after  an  address  by  the  Hon.  James  A.  Beaver,  Chairman  of 
the  Committee,  was  adopted,  and  is  as  follows: 

The  Special  Committee  on  The  Assembly  Herald  respectfully  report  the 
following  resolutions : 

Resolved,  1.  That  the  General  Assembly  continue  the  publication  of 
The  Assembly  Herald. 

Resolved,  2.  That  the  various  Boards  of  the  Church  be  directed  to 
furnish  material,  and  assume  pro  rata  any  deficit  that  may  be  incurred, 
and  that  any  surplus  shall  be  reserved  until  such  time  as  General  Assem- 
bly orders  a  division  among  the  various  Boards. 

Resolved,  3.  That  the  Rev.  W.  ^H.  Hubbard  and  the  Rev.  Rufus  S. 
Green,  D.D.,  be  continued  as  managers  and  editors,  without  financial 
compensation,  and  make  full  report  to  the  next  Assembly. 

Resolved,  4.  Recognizing  the  dependence  of  intelligent  and  generous 
giving  upon  the  dissemination  of  information,  the  General  Assembly 
recommends  that  each  church,  in  the  way  of  its  own  choosing,  subscribe 
for  a  sufficient  number  of  copies,  to  place  the  paper  in  every  one  of  its 
families,  not  making  such  circulation  conditioned  upon  individual  sub- 
scriptions, any  more  than  in  the  case  of  Sabbath-school  Lesson  Helps  and 
papers. 

Resolved,  6.  That  The  Assembly  Herald  be  sent,  at  the  expense  of  the 
Boards  of  the  Church,  to  all  pastors,  superintendents  and  elders,  who 
do  not  subscribe  directly  for  themselves. 

Resolved,  7.  That  the  managers  of  The  Assembly  Herald  are  authorized 
to  send  sample  copies  from  time  to  time  to  the  non-subscribing  churches, 
and  that  the  expense  of  the  same  shall  be  borne  by  the  Boards  of  the 
Church  jiro  rata ;  Provided,  That  the  copies  thus  becoming  a  charge  on 
the  Boards  by  Resolutions  6  and  7  shall  not  exceed  one  hundred  thousand 
copies  per  month. 

It  was  also  Resolved,  That  the  General  Assembly  heartily  commend 
the  faitliful  and  unsalaried  labors  of  Rev.  W.  H.  Hubbard  and  Rev. 
Rufus  S.  Green,  D.D.,  in  the  interests  of  the  Boards  of  the  Church 
and  of  the  Church  at  large.  They  have  paid  out  the  past  year  some 
twelve  thousand  dollars  for  paper,  printing  and  other  expenses,  and  have 
distributed  throughout  the  Church  printed  matter  equivalent  to  twenty - 
thx-ee  million  pages  or  six  hundred  thousand  octavo  volumes  of  one 
hundred  and  fifty  pages  each.  In  this  large  business  venture  they 
have  .shown  a  rare  business  sagacity  and  enterprise,  as  they  have  not 
only  received,  through  subscriptions  and  advertising,  sufficient  funds  to 
meet  all  obligations,  but  have  some  five  thousand  dollars  in  the  bank  and 
hold  some  two  thousand  dollars  more  in  bills  and  furnishings.  This 
record  of  the  past  year  is  certainly  unexampled  in  our  Church,  and 
promises  much  larger  and  much  broader  possibilities  for  the  future  under 
the  same  efficient  and  enthusiastic  management.  In  view  of  these 
possibilities,  this  Assembly  pledges  its  hearty  cooperation  in  securing 
through  Presbyterial  and  church  action,  a  circulation  for  the  ensuing 
year  of  a  quarter  of  a  million  copies. — 1895,  pp.  110,  111  ;  1896, 
p.  139. 


406  FORM  OF  GOVERNMENT,  CHAP.  XII. 

3.    Authority  for  editing. 

Resolved,  That  to  the  editor  of  The  Assembly  Herald  be  given  the 
right  and  that  he  be  requested  to  carefully  edit  all  copy  coming  into  his 
hands  from  whatever  source,  with  a  view  to  condensing  all  articles  and 
wiping  out  unnecessary  words  and  sentences.  The  subject  matter  not  to 
be  altered  in  any  other  way  than  heretofore;  and  that  he  be  held  alone 
responsible. — 1896,  p.  170. 

XIII.    woman's  work  for  missions, 

1.  Home  Missions. 

[Note.— See  pp.  348,  349.] 

2.    Foreign  Missions. 

a.  It  is  also  recommended  to  the  Board  (For.  Mis.),  for  the  better 
support  of  this  branch  of  the  service,  to  encourage  the  formation  of 
Female  Missionary  Associations,  to  work  in  connection  with  that  body. 
—1870,  p.  38. 

b.  Early  in  the  past  year,  "  The  Women's  Foreign  Missionary  Soci- 
ety" was  organized  in  the  city  of  Philadelphia,  as  auxiliary  to  the 
Board  of  Foreign  Missions,  with  the  pious  determination  to  assume  the 
supj^ort  of  every  woman,  called  of  God  and  commissioned  by  the  Board, 
in  the  foreign  field.  The  organization  in  Philadelphia  was  followed  by 
the  enlargement  of  the  organization  of  "  The  Ladies'  Board  of  Mis- 
sions "  in  New  York,  and  "  The  Women's  Presbyterian  Board  of  the 
Northwest"  in  Chicago.  There  are  Ladies'  Associations  in  many  of 
the  churches,  some  of  which  have  sustained  the  work  of  evangelizing 
the  heathen  for  many  years. 

The  General  Assembly  recognize  the  hand  of  God,  and  the  .spirit  of 
pious  consecration  aud  prayer,  in  this  whole  movement,  and  direct  the 
Board  of  Foreign  Missions  to  encourage  and  control  this  effort  as  far  as 
practicable. — 1871,  p.  536. 

C.  We  have  received  the  report  of  the  Women's  Societies  and  Boards 
of  the  Church  for  1896-97.  Your  Committee  is  deeply  impressed  with 
the  faithful  and  devoted  labor  of  these  women  of  our  beloved  Church. 
They  report  7387  Auxiliary  Societies  and  Young  People's  organizations, 
and  have  raised  $317,635.59  during  the  year. — 1897,  p.  63. 

3.    Freedmen's  Missions. 

a.  Resolved,  1.  That  this  Assembly  recommends  the  Woman's  Execu- 
tive Committee  of  Home  Missions  to  permit  such  societies,  under  its  care, 
as  may  desire  to  do  so,  to  contribute  according  to  their  pleasure  to  the 
cause  of  the  Freedmen,  and  send  the  results  to  the  Woman's  Executive 
Committee,  to  be  forwarded  to  the  treasurer  of  the  Board  of  Missions 
for  Freedmen. 

Resolved,  2.  That  the  Board  of  Missions  for  Freedmen  be  directed  to 
provide  means  by  which  the  necessary  information  as  to  the  needs  of 
the  Board,  methods  of  operation,  etc.,  can  be  furnished  to  these  societies 
when  desired,  keep  a  separate  account  of  what  is  thus  accomplished,  and 
report  the  same  to  each  General  Assembly. — 1884,  p.  64. 

b.  Acting  upon  the  recommendation  of  the  last  General  Assembly, 
the  Woman's  Executive  Committee  of  Home  Missions,  with  the  coopera- 


OF    THE   GENERAL   ASSEMBLY.  407 

tion  of  the  Board  of  Missions  for  Freetlmen,  and  the  approval  of  the; 
Board  of  Home  Missions,  organized  a  Freedmen's  Department,  with 
headquarters  at  Pittsburgh,  Pa. — 1885,  p.  681. 

C.  The  Board  gratefully  acknowledges  the  generous  aid  received  from 
the  various  societies  connected  with  the  Woman's  Executive  Committee. 
—1897,  p.  30. 

III.    THEOLOGICAL  INSTRUCTION. 
I.    GENERAL   MATTERS. 

1.    Overtures  for  the  establishment  of  a  theological  school. 

The  Committee  [of  Bills  and  Overtures]  laid  before  the  Assembly  an 
overture  from  the  Presbytery  of  Philadelphia  for  the  establishment  of  a 
theological  school. 

The  overture  was  read,  and  the  Rev.  Dr.  Dwight  *  and  the  Rev. 
Messrs.  Irwin,  Hosack,  Romeyn,  Anderson,  Lyle,  Burch,  Lacy,  and 
Messrs.  Bayard,  Slaymaker  and  Harrison,  elders,  were  appointed  a 
Committee  to  take  the  overture  into  consideration  and  report  upon  it. — 
1809,  p.  417. 

The  Committee  to  which  was  referred  the  overture  in  relation  to  the 
establishment  of  a  theological  school  brought  in  the  following  report, 
which,  being  read,  was  adopted,  viz. : 

The  Committee  appointed  on  the  subject  of  a  theological  school,  over- 
tured  from  the  Presbytery  of  Philadelphia,  report: 

That  three  modes  of  compassing  this  important  object  have  presented 
themselves  to  their  consideration. 

The  first  is  to  establish  one  great  school  in  some  convenient  place  near 
the  centre  of  the  bounds  of  our  Church. 

The  second  is  to  establish  two  schools  in  such  places  as  may  best  accom- 
modate the  northern  and  southern  divisions  of  the  Church. 

The  third  is  to  establish  such  a  school  within  the  bounds  of  each  of 
the  Synods.  In  this  case  your  Committee  suggest  the  propriety  of  leaving 
it  to  each  Synod  to  direct  the  mode  of  forming  the  school  and  the  place 
where  it  shall  be  established. 

The  advantages  attending  the  first  of  the  proposed  modes  are  that  it 
would  be  furnished  with  larger  funds,  and  therefore  with  a  more  exten- 
sive library  and  a  greater  number  of  professors.  The  system  of  educa- 
tion pursued  in  it  would,  therefore,  be  more  extensive  and  more  perfect; 
the  youths  educated  in  it  would  also  be  more  united  in  the  same  views, 
and  contract  an  early  and  lasting  friendship  for  each  other — circumstances 
which  could  not  fail  of  promoting  harmony  and  prosperity  in  the 
Church.  The  disadvantages  attending  this  mode  would  be  principally 
those  derived  from  the  distance  of  its  position  from  the  extremities  of 
the  Presbyterian  bounds. 

The  advantages  attending  the  second  of  the  proposed  modes  and  the 
disadvantages  will  readily  suggest  themselves  from  a  comparison  of  this 
with  the  other  two. 

The  advantages  which  attend  the  third — to  wit,  the  establishment  of 
theological  schools  by  the  respective  Synods — would  be  the  following: 
The  local  situation  of  the  respective  schools  would  be  peculiarly  convenient 

*  President  of  Yale  College,  who  sat  in  tlie  Assembly  as  a  delegate  from  the  General 
Association  of  Connecticut. 


-408  FORM    OF    GOVERNMENT,    CHAP.    XI I. 

for  the  several  parts  of  a  country  so  extensive  as  that  for  the  benefit  of 
which  they  were  designed.  The  inhabitants,  having  the  seminaries 
brought  near  to  them,  would  feel  a  peculiar  interest  in  their  prosperity, 
and  may  be  rationally  expected  to  contribute  to  it  much  more  liberally 
and  generally  than  to  a  single  school,  or  even  to  two.  The  Synods  also, 
having  the  immediate  care  of  them,  and  directing  either  in  person  or  by 
delegation  all  their  concerns,  would  feel  a  similar  interest,  and  would 
l)robably  be  better  pleased  with  a  system  formed  by  themselves,  and 
therefore  peculiarly  suited  to  the  wishes  and  interests  of  the  several 
parts  of  the  Church  immediately  under  their  direction.  Greater  efforts, 
therefore,  may  be  expected  from  ministers  and  people  to  promote  the 
prosperity  of  these  schools  than  of  any  other.  The  disadvantages  of 
this  mode  would  be  the  inferiority  of  the  funds,  a  smaller  number  of  pro- 
fessors, a  smaller  library  and  a  more  limited  system  of  education  in  each. 
The  students  also  would,  as  now,  be  strangers  to  each  other. 

Should  the  last    of  these  modes  be  adopted,  your  Committee  are  of 
opinion  that  everything  pertaining  to  the  erection  and  conduct  of  each 
school  should  be  left  to  the  direction  of  the  respective  Synods.     If  either  * 
of  the  first,  the  whole  should  be  subject  to  the  control  of  the  General 
Assembly. 

Your  Committee  also  suggest  that  in  the  former  of  these  cases  the 
funds  for  each  school  should  be  raised  within  the  bounds  of  the  Synod 
within  which  it  was  stationed.  In  the  latter  they  should  be  collected  from 
the  whole  bodv  of  the  Church. 

Your  Committee  therefore  submit  the  following  resolution,  to  wit: 

Resolved,  That  the  above  plan  be  submitted  to  all  the  Presbyteries 
within  the  bounds  of  the  General  Assembly  for  their  consideration,  and 
that  they  be  careful  to  send  up  to  the  next  Assembly,  at  their  sessions  in 
May,  1810,  their  opinions  on  the  subject. — 1809,  p.  430. 

2.    Answer  to  a   memorial  on  entire  uniformity  in  the   government 
and  course  of  study  in  the  theolog-ical  schools  of  our  Church. 

a.  The  Committee  to  which  was  referred  a  memorial  from  the  West 
Lexington  Presbytery,  on  the  subject  of  Theological  Seminaries,  in  which 
is  submitted  a  plan  for  the  attainment: 

1.  Of  entire  uniformity  in  the  government  and  course  of  study  in  the 
theological  schools  of  our  Church ;  and, 

2.  The  most  unqualified  dependence  upon  the  General  Assembly  as  a 
bond  of  union  between  all  the  churches  and  all  her  seminaries,  in  order 
to  secure,  to  the  satisfaction  of  the  memorialists,  the  future  peace  and 
purity  of  the  Church,  by  securing  unity  of  sentiment  and  consequently  of 
effort  among  all  the  ministers  of  the  Presbyterian  Church  in  these  United 
States,  make  the  following  report,  which  was  adopted,  ^dz. : 

The  subject  of  this  memorial  is  too  serious  in  its  character  and  too 
important  in  its  bearing  and  its  consequences  to  be  discussed  at  so  late  a 
period  of  the  Assembly's  sessions,  and  inasmuch  as  it  would  materially 
affect  the  rights  of  individuals,  of  Presbyteries,  and  indeed  of  the  whole 
Presbyterian  Church,  and  would  also  call  for  important  alterations  in  the 
Constitution,  the  Committee  deem  it  inexpedient  for  this  Assembly  to 
enter  upon  the  consideration  of  the  proposals  submitted  in  the  document, 
and  recommend  that  the  memorial  be  referred  to  the  consideration  of  the 
next  General  Assembly. — Minutes,  1828  (reprint),  p.  243. 


OF   THE   GENERAL   ASSEMBLY.  409 

b.  The  memorial  of  the  AVest  Lexington  Presbytery  on  the  subject  of 
theological  seminaries,  which  was  referred  by  the  last  Assembly  to  the 
consideration  of  the  present  Assembly,  was  taken  up,  and  committed  to 
the  Rev.  Archibald  Alexander,  D.D.,  the  Rev.  Samuel  Miller,  D.D., 
and  the  Rev.  Charles  Hodge,  to  consider  and  report  on  the  same  to  the 
next  General  Assembly. — Minute^,  1829  (reprint),  p.  273. 

C.  The  Committee  to  whom  was  referred,  by  the  last  General  Assembly, 
the  memorial  of  the  West  Lexington  Presbytery,  made  the  following 
report,  which  was  adopted,  viz. : 

That  the  said  memorial  sets  forth  the  evils  which,  in  the  opinion  of  the 
memorialists,  threaten  the  Church  from  the  operation  of  numerous  theo- 
logical seminaries  existing  independently  of  the  General  Assembly,  and 
adopting  the  different  systems  of  government,  and  different  courses  of 
study.  To  counteract  these  evils  it  proposes  that  the  General  Assembly 
should  take  all  the  theological  seminaries  throughout  our  bounds  under 
its  immediate  and  absolute  control,  and  prescribe  a  course  of  study  which 
shall  be  uniform  in  them  all. 

These  are  the  prominent  points  of  the  memorial  under  consideration. 
Your  Committee  are  ready  to  acknowledge  that  there  are  evils  of  a 
very  formidable  character,  which  are  likely  to  arise  from  the  indefinite 
multiplication  of  theological  seminaries,  under  the  care  of  a  single  Synod 
or  Presbytery.  They  fear  that  the  standard  of  theological  education, 
in  the  Presbyterian  Church,  will  ultimately  fall  far  below  that  main- 
tained in  some  other  Christian  denominations,  and  thus  the  respectability 
and  usefiilness  of  our  clergy  be  greatly  impaired.  They  believe,  also, 
that  much  good  that  might  have  resulted  from  having  a  larger  portion  of 
our  young  men  brought  into  personal  acquaintance  with  each  other,  and 
educated  upon  the  same  plan,  must  now  be  lost;  and  that  we  must  con- 
tent ourselves  with  less  of  harmony  of  feeling  and  unity  of  sentiment 
than  might,  vmder  other  circumstances,  have  been  secured.  Believing, 
however,  that  it  is  perfectly  competent  to  every  Presbytery  or  Synod,  to 
adopt  what  plan  they  may  think  best,  not  inconsistent  with  the  Consti- 
tution of  the  Church,  for  the  educaticm  of  their  own  young  men;  and 
finding  that  the  Assembly  has  long  sanctioned  their  so  doing,  your  Com- 
mittee are  of  opinion  that  this  subject  is  not  within  the  rightful  jurisdic- 
tion of  the  General  Assembly;  and  that  even  if  it  were,  it  would,  under 
existing  circumstances,  be  highly  inexpedient  to  adopt  the  course  pro- 
posed by  the  memorialists.  They  therefore  beg  to  be  discharged  from 
the  further  consideration  of  the  subject. — Minides,\^ZO  (reprint),  p.  288. 

3.    Flans  proposed. 

The  Committee  appointed  to  examine  the  reports  of  the  several  Presby- 
teries on  the  subject  of  theological  schools,  and  to  report  to  the  Assembly 
the  opinions  expressed  by  them  severally  on  the  three  different  plans 
sent  down  for  their  consideration,  reported  that  after  carefully  examining 
the  reports  of  the  several  Presbyteries  on  this  subject  they  find  the  follow- 
ing results:  Ten  Presbyteries  have  expressed  an  opinion  in  favor  of  the 
first  plan,  viz.,  the  establishment  of  a  single  school.  One  Presbytery 
has  given  an  opinion  in  favor  of  the  second  plan,  viz. ,  the  establishment 
of  two  schools.  Ten  Presbyteries  have  expressed  a  judgment  in  favor  of 
the  third  plan,  viz. ,  the  establishment  of  a  school  in  each  Synod.  Six 
Presbyteries  have  expressed  an  opinion  that  it  is  not  expedient  at  present 


410  FORM  OF  GOVERNMENT,  CHAP.  XII. 

to  attempt  the  establishment  of  any  school;    and  from   the   remaining 
Presbyteries  no  report  has  been  received. — 1810,  p.  439. 

[Note. — For  the  Plan  of   the  seminary  at  Princeton,  and  the  agreement  with 

the  trustees  of  the  College  of  New  Jersey,   see  under  Princeton  Seminary,    in    this 
Digest.] 

4.    Report  on  theological  seminaries,  1870. 

The  Committee  on  Theological  Seminaries  presented  a  report,  which 
was  adopted,  as  follows: 

The  number  of  theological  seminaries  connected  with  the  General  As- 
sembly, directly  or  indirectly,  is  seven. 

These  were  founded  after  different  methods  and  at  different  epochs,  thus 
representing  more  or  less  important  changes  of  sentiments  and  events  in 
the  history  of  the  Church  and  the  country. 

I.  The  seminary  at  Princeton  was  founded  by  the  General  Assembly 
itself  in  the  year  1812.  Coming  into  existence  in  the  early  part  of  this 
century,  immediately  after  the  organization  of  the  American  Board  of 
Foreign  Missions  and  the  seminary  at  Andover,  when  there  was  a  very 
general  unity  and  coojDeration  of  good  men  throughout  the  land,  it  must 
be  regarded  and  honored  as  the  first  of  those  great  movements  in  the 
Presbyterian  Church  which  looked  to  the  spreading  of  the  kingdom  of 
Christ  at  home  and  abroad. 

II.  The  seminary  at  Auburn  was  founded  in  the  year  1819,  for  the 
purpose  of  training  up  a  ministry  in  what  was  then  known  as  "  the 
Western  country." 

III.  The  seminary  at  Allegheny  was  established  in  1825.  Lane 
Seminary,  at  Cincinnati,  in  1829. 

IV.  These  three  seminaries  are  associated  with  two  things:  1.  The 
beginning  of  that  tide  of  emigration  from  the  East  to  the  West  which 
has  been  rolling  and  surging  onward  ever  since;  and,  2.  That  spirit  of 
active  evangelism  which  most  happily  was  simultaneous  with  westward 
emigration,  a  new  power  and  life  of  religion  distinguishing  that  memor- 
able period. 

V.  Union  Theological  Seminary,  in  New  York,  was  founded  in  the 
year  1836,  one  year  preceding  the  disruption  of  the  Church.  Coming 
into  existence  at  that  extraordinary  time,  the  design  of  its  founders,  who 
were  then  largely  members  of  churches  known  after  the  division  as  Old 
School,  was,  in  their  own  language,  ' '  to  provide  a  seminary  which  might 
commend  itself  to  all  men  of  moderate  views  and  feelings  desiring  to  live 
free  from  party  strife,  and  to  stand  aloof  from  all  extremes  of  doctrine 
and  of  practice." 

VI.  The  seminary  at  Danville,  Ky. ,  was  founded  in  the  year  1853. 

VII.  That  now  at  Chicago,  111. ,  was  established  in  that  city  in  the 
year  1859  by  removal  from  New  Albany — dates  sufficiently  distinct  to 
represent  advanced  stages  in  those  conflicts  of  opinion  which  subsequently 
convulsed  the  country  and  the  Church,  and  which  have  not  as  yet  entirely 
passed  away. 

The  seminaries  now  enumerated  were  founded  not  only  at  different 
times,  but  after  different  methods.  Those  at  Princeton,  Allegheny,  Dan- 
ville and  Chicago  were  established  by  the  General  Assembly,  and  are 
under  its  direct  supervision  and  control. 

The  seminary  at  Auburn  is  controlled  by  a  Board  of  Commissioners, 
elected  by  certain  Presbyteries  in  Central  and  Western  New  York,  and  a 


OF    THE   GENERAL   ASSEMBLY.  411 

Board  of  Trustees,  elected  by  the  Commissioners.  Its  faculty,  appointed 
by  the  Commissioners,  report  to  the  General  Assembly. 

Lane  Seminary,  at  Cincinnati,  and  Union  Seminary,  at  New  York, 
were  founded  by  individuals,  members  of  the  Presbyterian  Church,  and 
by  their  charters,  most  cautiously  prepared,  are  made  Presbyterian  insti- 
tutions, recognizing  our  Standarcls  of  doctrine  and  polity,  though  not 
under  any  ecclesiastical  control. 

The  administration  of  these  seminaries  is  after  different  methods,  though 
in  some  cases  the  difference  is  more  in  name  and  form  than  in  essential 
fact. 

Princeton  Seminary  is  administered  by  two  Boai'ds,  known  as  the  Board 
of  Directors  and  the  Board  of  Trustees.  The  former  are  elected  by  the 
Genei'al  Assembly  in  annual  classes.  The  lattei',  having  control  of  the 
property,  is  a  close  corporation,  filling  its  own  vacancies.  In  like  man- 
ner, the  seminaries  at  Allegheny,  Danville  and  Chicago  have  each  two 
administrative  Boards — a  Board  of  Directors  and  a  Board  of  Trustees. 

Lane  and  Union  Seminaries  have  each  but  one  Board — a  Board  of 
Trustees  at  Lane,  a  Board  of  Directors  at  Union — by  which  the  property 
is  held  and  the  general  control  of  the  seminary  is  administered,  certainly 
a  simpler  method,  by  which  all  differences  of  opinion  are  avoided,  such 
as  have  arisen  and  are  likely  to  arise  in  other  seminaries  between  two 
separate  Boards,  one  of  trust  and  the  other  of  direction. 

That  the  relations  of  these  several  theological  seminaries,  differing  in 
origin  and  administration,  to  the  reunited  Church  should  be  regarded  as 
a  matter  of  no  little  delicacy  and  difficulty  was  inevitable.  On  the  one 
hand,  it  is  obvious  that  a  matter  so  important  as  the  education  of  its 
ministry  should  in  some  way  be  under  the  supervision  and  control  of  the 
Church,  so  as  to  secure  the  entire  and  cordial  confidence  of  the  Church. 
On  the  other  hand,  there  is  a  liberty  and  flexibility  in  the  matter  which 
must  be  respected  and  allowed.  If  individuals  or  associations  are  dis- 
posed to  found  and  endow  seminaries  of  their  own,  there  is  no  power  in 
the  Presbyterian  Church  to  forbid  it. 

The  difficult  task  of  undertaking  to  reconcile  these  ideas  and  principles 
received  the  early  and  careful  attention  of  the  joint  Committee  on  Re- 
union, as  appears  from  one  of  the  concurrent  declarations  adopted  by 
both  Assemblies,  providing  for  the  transfer  of  those  seminaries  now  under 
the  control  of  the  Assembly  to  the  care  and  control  of  one  or  more 
adjacent  Synods,  if  they  should  so  elect.  The  object  was  to  allay  the 
apprehensions  of  any  who  might  imagine  that  the  sudden  accession  and 
intermingling  of  great  numbers  might  overbear  those  who  had  hitherto 
administered  those  seminaries  which  had  been  under  the  control  of  one 
branch  of  the  Church.  It  was  intended  as  a  measure  for  the  mainte- 
nance of  confidence  and  harmony,  and  not  as  indicating  the  best  method 
for  all  future  time. 

As  to  any  project  by  which  the  entire  control  and  administration  of  all 
our  theological  seminaries — for  example,  as  to  the  election  of  trustees — 
can  be  transferred  to  the  General  Assembly,  on  any  principle  of  complete 
uniformity,  your  Committee  regard  it  as  wholly  impracticable,  and  the 
attempt  to  accomplish  it  altogether  undesirable.  To  bring  it  about, 
should  it  be  undertaken,  would  require  an  amount  of  legislation,  in  six 
or  seven  different  States,  which  would  be  portentous. 

In  some  cases  alterations  of  existing  charters  are  impossible,  by  reason, 
as  in  Ohio,  of  changes  in  the  Constitution  enacted  subsequently  to  the 


412  FORM    OF    GOVERNMENT,    CHAT.    Xfl, 

granting  of  that  charter  upon  which  Lane  Seminary  was  incorporated. 
Surely  it  would  be  to  the  last  degree  unwise  to  attempt  such  alterations 
in  so  many  charters,  putting  in  jeopardy  so  large  an  amount  of  property, 
when  the  object  contemplated  may  be  secured  in  another  and  better  way. 

Besides,  the  intentions  and  wishes  of  benevolent  men,  who  have 
founded  and  endowed  some  of  these  seminaries,  and  aided  others  on 
their  present  footing,  should  be  honorably  and  zealously  protected. 
Your  Committee,  therefore,  would  recommend  no  change,  and  no  attempt 
at  change,  in  this  direction,  save  such  as  may  safely  and  wisely  be 
effected  under  existing  charters. 

For  example,  the  directors  of  the  seminary  at  Princeton  have  memori- 
alized this  Assembly,  with  the  request  that  the  Assembly  would  so  far 
change  its  ' '  plan  ' '  of  control  over  that  institution  as  to  give  the  Board 
of  Directors  enlarged  rights  in  several  specified  particulars,  subject  to 
the  veto  of  the  General  Assembly. 

Your  Committee  are  unanimously  of  the  opinion  that  the  changes  asked 
for  are  eminently  wise  and  proper.  If  it  were  within  the  power  of  the 
General  Assembly  to  remit  the  entire  administration  of  this  venerable 
institution  to  its  Board  of  Directors,  without  any  of  the  restrictions  they 
have  mentioned  as  to  the  supply  of  their  own  vacancies,  they  would  cor- 
dially recommend  it.  But  inasmuch  as  the  endowments  of  this  seminary 
are  held  on  the  condition  that  it  should  be  the  property  and  under  the 
control  of  the  General  Assembly  of  the  Presbyterian  Church  in  the 
United  States,  that  trust  cannot  be  vacated  nor  transferred  to  any  other 
body.  The  method  desired  and  proposed  by  the  directors  themselves  is 
open  to  no  such  objection  and  is  believed  to  be  quite  within  the  provisions 
of  the  law  as  now  defined,  being  only  a  convenient  and  wise  mode  of 
executing  by  the  General  Assembly  itself  the  trust  which  it  now  holds. 

A  memorial  has  been  presented  to  this  Assembly  from  the  dii'ectors  of 
Union  Theological  Seminary,  in  New  York,  bearing  upon  the  point  of 
uniformity  as  to  a  certain  kind  and  amount  of  ecclesiastical  supervision. 

It  had  appeared  to  them — many  of  them  having  taken  an  active  part 
in  founding  that  seminary  thirty -three  years  ago,  in  a  time,  as  already 
noticed,  of  memorable  excitement — that  there  were  great  disadvantages 
and  perils  in  electing  professors  and  teachers  by  the  Assembly  itself,  with- 
out sufficient  time  or  opportunity  for  acquaintance  with  the  qualifications 
of  men  to  be  appointed  to  offices  of  such  responsibility. 

It  is  self-evident,  as  your  Committee  are  agreed,  that  a  body  so  large 
as  the  General  Assembly,  and  composed  of  men  resident,  most  of  them, 
at  so  great  a  distance  from  the  several  seminaries,  is  not  so  competent  to 
arrange  for  their  interests  and  usefulness  as  those  having  local  and  personal 
intimacy  with  them.  Desirous  of  bringing  about  as  much  uniformity  as 
was  possible  in  the  relation  of  the  seminaries  to  the  General  Assembly 
of  the  Church,  the  directors  of  Union  Seminaiy  have  memorialized  this 
Assembly  to  the  effect  that  the  Assembly  would  commit,  so  far  as  practi- 
cable, the  general  administration  of  all  seminaries  now  under  the  control 
of  the  Assembly  to  their  several  Boards  of  Directors,  proposing,  if  this 
"be  done,  to  give  to  the  General  Assembly,  what  it  does  not  now  possess, 
the  right  of  veto  in  the  election  of  professors  at  Union.  In  this  gener- 
ous offer,  looking  solely  to  the  peace  and  harmony  of  the  Church,  the 
memorialists  did  not  include  the  same  veto  in  regard  to  the  election  of 
their  own  directors,  inasmuch  as  these  directors  hold  the  property  of  the 
seminary  in  trust.     The  trustees  of  Princeton  Seminary,    being  onfe  of 


OF    THE    GENERAL    ASSEMBLY.  413 

two  Boards,  are  a  close  corporation.  The  directors  of  Union  Seminary 
in  New  York,  being  but  one  Board,  are  the  trustees. 

Leaving  all  the  diversities  of  method  and  administration  in  the  several 
seminaries  intact,  save  in  the  particulars  hereinafter  provided  for,  your 
Committee  are  happy  to  report  that  there  is  one  mode  of  unifying  all  the 
seminaries  of  the  Presbyterian  Church,  as  to  ecclesiastical  supervision, 
so  far  as  unification  is  in  any  way  desirable.  It  is  the  mode  suggested 
in  the  several  memorials  of  the  directors  of  Union  and  Princeton,  and 
approved,  or  likely  to  be  approved,  from  information  in  our  possession, 
by  the  directors  of  Auburn  and  Lane.  This  is  to  give  to  the  General 
Assembly  a  veto  power  upon  the  appointment  of  professors  in  all  these 
several  institutions.  This  seems  to  your  Committee  to  secure  all  the  uni- 
formity, as  to  the  relation  of  these  seminaries  to  the  Church,  which  can 
be  necessary  to  ensure  general  confidence  and  satisfaction.  Less  than 
this  might  excite  jealousy ;  more  than  this  is  cumbersome  and  undesirable. 

Your  Committee,  in  accordance  with  these  views,  report  the  following 
plan  and  resolutions: 

1.  Accepting  the  offer  so  generously  made  by  the  directors  of  the 
Union  Theological  Seminary,  in  New  York — a  seminary  independent 
hitherto  of  all  direct  ecclesiastical  control — to  invest  the  General  Assem- 
bly with  the  right  of  a  veto  in  the  election  of  professors  in  that  institu- 
tion, this  Assembly  would  invite  all  those  theological  seminaries  not  now 
under  the  control  of  the  General  Assembly  to  adopt  at  their  earliest 
convenience  the  same  rule  and  method,  to  the  end  that,  throughout  the 
whole  Presbyterian  Church,  there  may  be  uniform  and  complete  confi- 
dence in  those  entrusted  with  the  training  of  our  candidates  for  the 
ministry. 

2.  That  the  several  Boards  of  Directors  of  those  seminaries  which  are 
now  under  the  control  of  the  General  Assembly  shall  be  authorized  to 
elect,  suspend  and  displace  the  professors  of  the  seminaries  under  their 
care,  subject  in  all  cases  to  the  veto  of  the  General  Assembly,  to  whom 
they  shall  annually  make  a  full  report  of  their  proceedings,  and  to 
whom  their  minutes  shall  be  submitted  whenever  the  Assembly  shall 
require  them  to  be  produced.  These  Boards  shall  further  be  authorized 
to  fix  the  salaries  of  the  professors,  and  to  fill  their  own  vacancies,  sub- 
ject in  all  cases  to  the  veto  of  the  General  Assembly. 

3.  That  a  Committee  of  five  be  appointed  by  the  Assembly  to  propose 
such  alterations  in  the  ' '  plans ' '  of  the  seminaries  now  under  the  control 
of  the  Assembly  as  shall  be  deemed  necessary  to  carry  into  effect  the 
principles  above  stated,  and  that  said  Committee  report  to  this  or  to 
the  next  succeeding  Assembly. 

4.  In  case  the  Board  of  Directors  of  any  theological  seminary  now 
under  the  control  of  the  General  Assembly  should  prefer  to  retain  their 
present  relation  to  this  body,  the  plan  of  such  seminary  shall  remain 
unaltered. — 1870,  pp.  50-64. 

[Note.— See  further,  Digest,  1886,  pp.  387-397.  See,  also,  Concurrent  Declaration, 
No.  9,  p.  416.] 

5.    Proposal  of  Union  Theological  Seminary. 

a.  A  communication  was  received  by  the  Rev.  William  Adams,  D.  D. , 
from  the  directors  of  the  Union  Theological  Seminary  in  the  city  of  New 
York,  proposing  on  certain  terms  to  place  their  institution  under  the  care 
of  the  General  Assembly. 


414  FORM  OF  GOVERNMENT,  CHAP.  XII. 

A  communication  was  also  received  from  the  directors  of  the  Theologi- 
cal Seminary  at  Princeton,  asking  that  the  change  contemplated  in  the 
above  communication  may  be  made,  and  proposing  other  matters  of 
interest  to  the  seminary.  These  communications  were  referred  to  the 
Standing  Committee  on  Theological  Seminaries. — 1870,  p.  17. 

The  Committee  subsequently  reported  inter  alia,  as  follows: 

b.  Your  Committee,  in  accordance  with  these  views,  report  the  follow- 
ing plan  and  resolutions: 

Accepting  the  offer  so  generously  made  by  the  directors  of  the  Union 
Theological  Seminary  in  New  York — a  seminary  independent  hitherto  of 
all  direct  ecclesiastical  control — to  invest  the  General  Assembly  with 
the  right  of  a  veto  in  the  election  of  professors  in  that  institution,  this 
Assembly  would  invite  all  those  theological  seminaries  not  now  under  the 
control  of  the  General  Assembly  to  adopt  at  their  earliest  convenience 
the  same  rule  and  method,  to  the  end  that  throughout  the  whole  Presby- 
terian Church  there  may  be  uniform  and  complete  confidence  in  those 
entrusted  with  the  training  of  our  candidates  for  the  ministry. — 1870, 
p.  63. 

C.  Memorial  of  the  Directors  of  Union  Theological  Seminary  in  the  City 
of  New  York  to  the  General  Assembly  of  the  Presbyterian  Church  in 
the  United  States  of  America,  New  York,  May  18,  1870. 

Whereas,  In  the  recent  negotiations  for  reuniting  the  two  branches  of 
the  Presbyterian  Church,  great  importance  was  attached  to  some  uniform 
system  of  ecclesiastical  supervision  over  the  several  theological  seminaries 
of  the  denomination;  and. 

Whereas,  The  directors  of  the  Union  Theological  Semiuary  in  New 
York — an  institution  founded  before  the  disruption  of  the  Presbyterian 
Church,  belonging  exclusively  to  neither  of  its  branches,  and  adminis- 
tered upon  its  own  independent  charter — are  desirous  of  d'oing  all  in 
their  power  to  establish  confidence  and  harmony  throughout  the  whole 
Church,  in  respect  to  the  education  of  its  members ;  and. 

Whereas,  It  has  appeared  to  many,  and  especially  to  those  who  took  an 
active  part  in  founding  the  Union  Theological  Seminary,  that  there  are 
many  disadvantages,  infelicities,  not  to  say  at  times  pe.ils,  in  the  election 
of  professors  of  those  seminaries  directly  and  immediately  by  the  General 
Assembly  itself — a  body  so  large,  in  session  for  so  short  a  time,  and 
composed  of  members  to  so  great  an  extent  resident  at  a  distance  from 
the  seminaries  themselves,  and  therefore  personally  unacquainted  with 
many  things  which  pertain  to  their  true  interest  and  usefulness ;  there- 
fore, be  it 

Resolved,  That  the  Board  of  Directors  of  the  Union  Theological 
Seminary  in  the  city  of  New  York,  being  all  of  them  ministers  or  mem- 
bers of  the  Presbyterian  Church,  do  hereby  memorialize  the  General 
Assembly  to  the  following  effect,  viz. :  That  the  General  Assembly  may 
be  pleased  to  adopt  it  as  a  rule  and  plan,  in  the  exercise  of  the  proprie- 
torship and  control  over  the  several  theological  seminaries,  that  so  far  as 
the  election  of  professors  is  concerned  the  Assembly  will  commit  the 
same  to  their  respective  Boards  of  Directors  on  the  following  terms  and 
conditions: 

1.  That  the  Board  of  Directors  of  each  theological  seminary  shall  be 
authorized  to  appoint  all  professors  for  the  same. 

2.  That  all  such  appointments  shall  be  reported  to  the  General  Assem- 


OF   THE   GENERAL   ASSEMBLY.  415 

bly,  and  no  such  appointment  of  professor  shall  be  considered  as  a  com- 
plete election  if  disapproved  by  a  majority  vote  of  the  Assembly. 

And  further  be  it  Resolved,  That  the  Board  of  Directors  of  the  Union 
Theological  Seminary  in  the  city  of  New  York,  persuaded  that  the  plan 
proposed  in  the  memorial  will  meet  the  cordial  approval  of  the  patrons, 
donors  and  friends  of  all  these  seminaries,  and  contribute  to  the  peace 
and  prosperity  of  the  Church,  do  hereby  agree,  if  the  said  plan  shall  be 
adopted  by  the  General  Assembly,  that  they  will  agree  to  conform  to  the 
same,  the  Union  Seminary  in  New  York  being  in  this  respect  on  the 
same  ground  with  other  theological  seminaries  of  the  Presbyterian 
Church.— 1870,  pp.  148,  149. 

The  Assembly  complied  with  this  request.     See  pp.  60-64. 

6.    Limitations  of  the   time  within  which  the  Assembly  may  exer- 
cise its  veto  in  the  election  of  a  professor. 

That  the  Assembly  declare  that  the  true  meaning  of  the  act  subjecting 
the  election  of  a  professor  to  the  veto  of  the  Assembly  is  that  such  elec- 
tion be  reported  to  the  next  General  Assembly  thereafter ;  and  if  not 
vetoed  by  that  Assembly,  the  election  shall  be  regarded  as  complete, 
according  to  the  plan  ratified  by  the  Assembly  of  1870;  see  Minutes,  pp. 
64,  65,  148.— 1871,  p.  581. 

7-    Committee  on  the  Relations  of  the  Assembly  and  the  Seminaries, 

1892. 

[Note. — For  the  action  of  the  Assembly  of  1891  in  the  veto  of  the  election  of  Prof. 
Charles  A.  Briggs,  see  under  Union  Theological  Seminary.] 

I.  In  response  to  an  overture  concerning  ministerial  education,  your 
Committee  reports : 

Whereas,  The  Form  of  Government,  Chap,  xiv.  Sec.  vi,  declares, 
"  that  the  most  effectual  measures  may  be  taken  to  guard  against  the 
admission  of  inefficient  men  into  the  sacred  office,  it  is  recommended 
that  no  candidate,  except  in  extraordinary  cases,  be  licensed,  unless, 
after  his  having  completed  the  usual  course  of  academical  studies,  he 
shall  have  studied  divinity  at  least  two  years  under  some  approved  divine 
or  professor  of  theology, ' '  and. 

Whereas,  Disorders  are  appearing  in  the  Church,  doing  great  injury  to 
its  doctrinal  purity  and  unity,  we  recommend  that  the  Assembly  call 
special  attention  to  this  provision  of  the  Form  of  Government,  and 
enjoin  our  Presbyteries  to  see  that  students  nnder  their  care  be  prepared 
for  their  sacred  office  in  seminaries  and  under  teachers  who  are  under 
the  oversight  and  direction  of  the  Assembly,  and  that  the  Board  of 
Education  be  directed  to  restrict  appropriations  for  the  education  of  stu- 
dents to  those  who  are  pursuing  their  studies  under  such  above-named 
institutions  or  private  instructors. 

II.  Having  due  regard  to  the  overtures  and  all  the  other  papers  in  the 
case  of  Union  Theological  Seminary,  etc.,  referred  to  the  Committee,  the 
Assembly  takes  the  following  action: 

1.  That  the  Assembly  indorses  the  interpretation  of  the  compact  of 
1870  as  expressed  by  the  action  of  the  Assembly  of  1891. 

2.  That  the  Assembly  declines  to  be  a  party  to  the  breaking  of  the 
compact  Avith  Union  Theological  Seminary. 

3.  That  the  Assembly  is  persuaded  that  the  Chui-ch  should  have  direct 
connection  with  and  control  over  its  theological  seminaries. 


416  FORM    OF    GOVEK^"MENT,    CHAP.    XII. 

4.  That  the  Assembly  appoints  a  Committee  of  fifteen,  eight  ministers 
and  seven  ruling  elders,  to  take  into  consideration  the  whole  subject  of 
the  relation  of  the  Assembly  to  its  theological  seminaries,  confer  with  the 
directors  of  these  seminaries,  and  report  to  the  next  General  Assembly 
such  action  as  in  their  judgment  will  result  in  a  still  closer  relation 
between  the  Assembly  and  its  seminaries  than  that  Avhich  at  present 
exists. 

5.  That  the  Assembly  dismisses  the  Committee  of  Conference  appointed 
last  year,  with  the  heartiest  thanks  for  its  faithfulness,  and  highest 
appreciation  of  the  service  rendered  the  Church. — 1892,  pp.  175,  176. 

8.    Committee  on  Theological  Seminaries,  Report,  1893. 

[Note. — In  its  report,  presented  to  the  General  Assembly  at  Washington,  May  18, 
1893,  the  Committee  considered  the  subject  assigned  to  it,  in  so  far  as  it  had  then 
reached  any  results,  under  the  following  heads  :] 

1.  The  present  legal  status  of  the  theological  seminaries,  including  the 
ownership  and  control  of  the  property  held  in  trust  for  them. 

2.  The  present  control  possessed  by  the  Presbyterian  Church,  through 
its  General  Assembly,  Synods  and  Presbyteries,  over  the  teaching  and 
property  of  the  theological  seminaries. 

(1)  The  charters  of  the  independent  civil  corporations  holding  the 
property  in  trust  for  the  seminaries  differ  more  or  less  in  detail,  but  have 
this  common  feature,  that  these  corporations  own  the  property  and  have 
its  control  and  management,  free  from  any  direct  interference  by  the 
General  Assembly,  save  as  to  the  property  given  to  them  by  the  Assem- 
bly, as  to  which  the  Assembly  may  direct  the  management. 

The  greater  portion  of  the  property  held  by  these  corporations, 
and  which  amounts  to  between  eight  and  nine  millions  of  dollars,  is  not 
held  in  trust  for  the  General  Assembly  of  the  Presbyterian  Church,  nor 
is  it  given  the  direct  control,  management  or  disposition  of  the  same  by 
the  terms  of  their  charters. 

(2)  By  the  terms  of  the  compact  of  1870  and  the  plan  of  reunion  the 
supervision  and  control  exercised  by  the  General  Assembly  over  the  vari- 
ous theological  seminaries,  it  is  claimed,  is  limited  to  the  exercise  of  the 
right  of  approval,  or  veto  of  the  appointment  of  professors.  In  addi- 
tion to  this,  each  seminary  reports  annually  to  the  General  Assembly  its 
receipts,  disbursements,  the  number  of  students  and  the  number  of 
graduates,  with  such  special  information  as  the  various  Boards  in  charge 
of  these  institutions  may  see  fit  to  communicate. 

The  foregoing,  however,  is  not  all  of  the  control  possessed  by  the 
General  Assembly  over  the  teaching  of  the  theological  seminaries.  It 
has  greater  power  which  it  may  exercise,  if  occasion  arises,  unless  by 
the  terms  of  reunion  and  the  compact  of  1870  it  has  surrendered  the 
same.  According  to  the  plan  of  government  of  Princeton,  Western, 
McCormick,  Danville,  and  Omaha,  the  General  Assembly  has  the  light 
to  control  the  election  of  the  Boards  of  Directors,  to  whom  are  entrusted 
the  appointment  of  professors  and  the  management  of  the  seminary  gen- 
erally, save  and  except  the  holding  of  the  title  to  property,  its  manage- 
ment, sale,  disposition  and  investment. 

Under  the  original  plan  of  the  seminaries,  known  as  the  Old  School 
seminaries,  the  General  Assembly  had  the  power  to  remove  the  profes- 
sors, as  well  as  to  approve  or  veto  their  appointment.  In  order  to  secure 
uniformity  of  teaching,  in  so  far  as  it  is  practicable,  the  General  Assem- 


OF    THE   GENERAL   ASSEMBLY.  417 

bly  could,  under  the  power  thus  possessed  over  the  seminaries  named, 
unless  the  power  has  been  surrendered  by  the  compact  of  1870,  issue 
such  instructions  as  might  secure  such  uniformity  of  teaching.  But  the 
General  Assembly  has,  by  the  terms  of  the  charters  of  the  civil  corpora- 
tions, no  direct  control  over  the  property  of  the  seminai-ies,  except  over 
such  property  as  it  has  given  them. 

Under  the  first  division  of  this  report,  to  wit,  the  present  legal  status 
of  the  seminaries,  and  the  Appendix  hereto,  the  different  methods  of 
control  and  the  extent  of  the  jurisdiction  of  these  Boards  have  been  set 
forth.  The  General  Assembly  has  the  power  to  change  the  plan  of 
management  of  some  of  the  aforesaid  seminaries  to  the  extent  herein 
indicated,  but  control  is  not  limited,  by  the  compact  of  1870,  to  the 
veto  of  the  electiou  of  directors  in  certain  seminaries,  and  to  the  veto  of 
the  appointment  of  professors  in  all  of  the  seminaries. 

The  power  or  right  of  veto  without  adequate  provision  for  its  enforce- 
ment in  cases  of  disobedience  to  its  mandate  is  practically  valueless. 
Where  obedience  is  a  matter  of  choice,  and  not  of  legal  obligation  and 
enforceable  as  such,  it  is  difficult  to  see  how  the  veto  power  in  cases  of 
disobedience  is  of  any  value.  To  veto  the  electiou  of  directors  or  profes- 
sors without  legal  power  to  enforce  the  veto  by  the  removal  of  the  person 
vetoed,  "and  then  leave  to  the  body  whose  elections  are  thus  vetoed  the 
exclusive  right  to  nominate,  elect  or  appoint,  is,  in  all  cases  of  difference, 
to  place  the  body  possessing  the  right  to  veto  absolutely  in  the  powei"  of 
the  body  whose  acts  are  vetoed. 

The  power  vested  in  the  General  Assembly  by  the  Constitution  of  the 
Presbyterian  Church,  to  try  by  judicial  process  those  who  occupy  a  ministe- 
rial relation  to  the  Church,  and  are  acting  as  teachers,  and  the  power  of 
discipline,  cannot  be  said  to  be  control  over  the  seminaries,  affecting  their 
teaching  and  property.  While  it  is  true  that  under  these  powers  the 
General  Assembly  may  reach  individuals,  and  thus  directly  affect  the 
teaching  in  the  seminaries,  we  do  not  regard  the  exercise  of  these  powers 
as  within  the  term   "  control." 

How  far  the  compact  of  1870  and  the  terms  of  reunion  affected  the 
powers  of  the  General  Assembly,  which  up  to  that  time  it  possessed  and 
exercised,  we  do  not  deem  it  necessary  to  discuss  or  to  express  any  opinion. 
It  is  sufficient  for  the  purpose  of  this  report  to  say  that  since  the  compact 
of  1870  the  General  Assembly  has  substantially  exercised  no  other 
control  over  the  seminaries  than  that  provided  for  by  that  compact,  and 
whatever  dormant  and  unexercised  powers  it  possesses  ai'e  limited  as  herein 
stated,  and  have  not  affected  either  the  teaching  or  the  property  of  the 
seminaries. — 1893,  pp.  24,  27. 

[Note. — For  the  full  report,  see  Minutes,  1893,  pp.  20-40.] 

9.    Committee  on  Theological  Seminaries,  Report,  1894. 

After  a  full  consideration  of  the  subject  assigned  the  Committee,  and 
after  a  very  extended  investigation  of  the  management  by  other  denomi- 
nations of  their  theological  seminaries,  and  in  the  light  of  the  experience 
of  our  own  Church,  your  Committee  unanimously  agrees  on  the  follow- 
ing fundamental  principles  as  controlling  the  future  management  of  the 
theological  education  of  the  ministry  of  our  Church,  and  embodies  the 
same  in  two  resolutions,  as  follows: 

Resolved,  That  it  is  the  judgment  of  this  Committee  that  the  instruc- 
tion given  in  the  theological  seminaries  of  the  Presbyterian  Church  in 
•J.7 


418  FORM  OF  GOVERNMENT,  CHAP.  XII. 

the  United  States  of  America  should  be  under  the  control  and  direction 
of  that  Church. 

Resolved,  That  all  funds  and  property  held  for  the  purpose  of  theologi- 
cal instruction  shall  be  used  only  for  theological  education  in  the  doc- 
trines set  forth  in  the  Standards  of  the  Presbyterian  Church  in  the 
United  States  of  America. 

The  Committee  recommends  the  adoption  of  the  following  resolutions: 

1.  That  each  and  all  of  the  seminaries  of  the  Church  be  requested  to 
secure,  at  the  earliest  moment  practicable,  such  changes  in  their  charters, 
or  amendments  thereto,  as  will  provide: 

(a)  That  all  of  their  funds  and  property,  subject  to  the  terms  and 
conditions  of  existing  or  specific  trusts,  shall  be  declared  to  be  held  by 
them  in  trust  for  the  Presbyterian  Church  in  the  United  States  of 
America,  for  the  purposes  of  theological  education  according  to  the 
Standards  of  said  Church,  and  that  no  part  of  the  funds  and  property  so 
held  in  trust  shall  be  used  for  any  other  purpose  than  for  theological 
education  in  the  doctrines  set  forth  in  the  Standards  of  the  Presbyterian 
Church  in  the  United  States  of  America. 

(6)  That  the  election  of  the  trustees,  directors  or  commissioners,  or 
whatever  the  bodies  governing  the  teaching  or  property  shall  be  named, 
shall  be  subject  to  the  approval  of  the  next  succeeding  General  Assem- 
bly, and  that  no  election  shall  take  effect  until  approved  by  the  General 
Assembly;  failure  of  the  General  Assembly  to  which  said  elections  are 
reported  for  approval  to  act  thereon  shall  be  regarded  as  approval  of 
said  elections. 

(c)  That  the  election,  appointment  or  transfer  of  all  professors  and 
teachers  in  all  seminaries  shall  be  submitted  to  the  next  succeeding  Gen- 
eral Assembly  for  its  approval,  and  that  no  such  election,  appointment  or 
transfer  shall  take  effect,  nor  shall  any  professor  or  teacher  be  inducted 
into  office  until  his  election,  appointment  or  transfer  shall  have  been 
approved  by  the  said  General  Assembly;  failure  of  the  General  Assem- 
bly to  which  the  said  elections,  appointments  or  transfei's  are  reported  for 
approval  to  act  thereon  shall  be  regarded  as  approval  thereof,  and  that 
all  of  said  professors  and  teachers  shall  be  either  ministers  or  members 
in  good  standing  of  the  Presbyterian  Church  in  the  United  States  of 
America. 

{d)  That  in  the  event  of  the  violation  of  any  of  the  terms  of  said 
amendments,  or  the  misuse  or  the  diversion  of  the  funds  or  property 
held  by  them,  then  the  General  Assembly  shall  be  empowered  to  provide 
against  such  violation  of  the  provisions  of  said  charters,  and  for  the 
enforcement  of  the  same,  and  for  the  protection  of  the  trusts  on  which 
said  property  and  funds  are  held,  in  such  manner,  and  in  the  name  of 
such  person  or  coqDoration,  as  it  may  direct  by  resolution  certified  by  its 
Clerk,  in  any  civil  court  having  jurisdiction  over  the  corporations  whose 
charters  are  so  amended. 

2.  That  all  seminaries  hereafter  estabUshed  or  organized  shall  contain 
in  their  charters  the  foregoing  provisions  as  an  essential  part  thereof, 
before  they  shall  be  recognized  as  in  connection  with  the  Presbyterian 
Church  in  the  United  States  of  America, 

3.  That  the  General  Assembly,  having  adopted  the  foregoing  resolu- 
tions, shall  appoint  a  Committee  of  fifteen  persons  to  confer  with  the 
various  seminaries,  with  a  view  to  securing  their  approval  of  said  resolu- 
tions, and  their  consent  to  said  changes  in  their  charters,  and  for  the 


OF    THE    GENERAL    ASSEMBLY.  419 

purpose  of  aiding  them  by  counsel  and  otherwise  in  securing  the  neces- 
sary changes  and  amendments  to  the  respective  charters  herein  recom- 
mended; it  being  understood  that  the  adoption  of  said  resokitions  is 
without  impairment  of  any  of  the  rights  of  the  General  Assembly,  or 
of  said  seminaries,  that  may  have  accrued  by  the  compact  of  1870;  and 
said  Committee  to  make  report  to  the  next  General  Assembly  for  final 
action  on  this  whole  subject  by  the  Assembly. — 1894,  pp.  60,  65-67. 

[Note. — The  report  of  the  Committee  was  adopted  by  a  vote  of  444  in  the  affirma- 
tive to  117  in  the  negative.  For  tiie  full  report,  see  Minutes,  1894,  pp.  56-67 ;  also  for 
report  of  the  minority  of  the  Committee,  pp.  201-205.] 

10.   Committee  on  Theological  Seminaries,  Report,  1895. 

In  view  of  the  answers  of  the  seminaries,  as  published  in  the  Appen- 
dix, the  Committee  reports  that  Omaha  and  Dubuque  have  adopted  all 
of  the  recommendations  of  the  General  Assembly. 

The  directors  and  trustees  of  Princeton  declare  that  they  "  do  not 
antagonize,  but,  on  the  contrary,  cordially  acquiesce  in  and  are  in  the 
fullest  sympathy  with  the  sentiment  of  the  resolutions  contained  in  the 
report  of  the  Genei-al  Assembly's  Committee  of  Conference  with  the 
Theological  Seminaries  made  to  the  General  Assembly  at  its  session  in 
1894,  namely,  '  That  the  Church  should  control  the  instruction  given  in 
its  theological  seminaries  and  that  the  funds  held  for  the  purposes  of 
theological  instruction  should  be  used  only  for  such  education  in  the 
doctrines  set  forth  in  the  Standards  of  the  Church.'  " 

The  directors  and  trustees  further  say  that  they  are  advised  by  counsel 
learned  in  the  law,  and  believe,  that  the  charter  of  the  seminary  now 
embodies  substantially  all  that  the  Assembly  seeks  to  accomplish  by  its 
recommendations,  and  therefore  deem  the  amendment  of  the  charter, 
by  the  insertion  of  the  same,  unwise  and  unnecessary. 

But,  they  further  say,  "  if  the  Assembly  should  still  be  of  the  opinion 
that  such  an  amendment  should  be  obtained,  the  Boards  will  endeavor 
to  secure  such  action  as  will  insure  to  the  General  Assembly  the  right  to 
be  represented  in  the  courts  and  to  enforce  its  proper  control  over  the 
seminary  and  its  property." 

The  Committee  recommends  the  Assembly  to  reply  to  Princeton's  offer, 
that  while  respecting  the  judgment  of  the  Boards,  and  not  prepared  to 
say  that  it  is  incorrect,  the  Assembly  is  of  the  opinion  that  in  order  to 
put  the  matter  beyond  all  possible  question,  it  would  be  well  for  the 
Boards  to  do  what  they  express  their  willingness  to  do,  viz.,  to  endeavor 
to  secure  such  action  as  will  insure  to  the  General  Assembly  the  right  to 
be  represented  in  the  courts,  and  to  enforce  its  proper  control  over  the 
seminary  and  its  property. 

The  Board  of  Directors  of  the  Western  Seminary,  at  Allegheny, 
"  being  satisfied  that  the  seminary  now  stands  in  such  close  relation  to 
the  Presbyterian  Church  that  both  its  teaching  and  its  use  of  all  its- 
property  can  be  controlled  by  the  General  Assembly,  sees  no  reason  to 
ask  any  change  in  existing  relations  to  the  Assembly. ' '  The  Board  of 
Trustees  has  declared  its  hearty  agreement  with  the  principles  set  forth 
in  the  action  of  the  Assembly  of  1894,  and  its  readiness  to  secure  the 
necessary  legislation  to  enable  the  General  Assembly  to  carry  out  said 
principles.  The  Committee  recommends  the  General  Assembly  to  request 
these  Boards  to  take  such  action. 

The  Board  of  Directors  of  Danville  has  resolved  to  adopt  the  recom- 


420  FORM  OF  GOVERNMENT,  CHAP.  XII. 

mendations  as  to  By-Laws,  and  as  a  part  of  their  Constitution,  The 
Board  of  Trustees  states  that  it  has  an  irrepealable  charter,  which  can- 
not be  amended  without  danger  of  forfeiture.  It  declares  its  approval  of 
the  substance  of  the  recommendations,  and  while  not  deeming  the  same 
necessary,  in  view  of  the  control  the  Assembly  now  has  over  the  funds  of 
said  corporation,  expresses  its  willingness  to  give  the  General  Assembly 
the  apjDroval  of  the  election  of  the  members  of  the  Board. 

The  Committee  recommends  the  Assembly  to  request  the  Board  of 
Trustees  at  Danville  to  secure  such  legislation,  not  imperiling  the  charter, 
as  will  insure  to  the  General  Assembly  the  right  to  be  represented  in  the 
courts,  and  to  enforce  its  proper  supervision  over  the  seminary  and  its 
property. 

San  Francisco,  being  under  Synodical  care,  has  deemed  it  best  to  defer 
action  on  the  recommendations  until  after  the  next  meeting  of  the  Synod. 

In  regard  to  the  seminaries  which  have  simply  answered  that  action  is 
not  expedient,  or  the  proposed  amendments  would  be  of  doubtful  valid- 
ity, or  the  way  is  not  clear  to  act,  as  at  present  informed,  no  opinion  is 
expressed,  inasmuch  as  these  seminaries  assigned  no  specific  reasons  for 
their  action.  The  Assembly  cannot,  therefore,  make  any  suggestions  to 
these  seminaries,  beyond  the  earnest  request  that  they  reconsider  their 
action,  since  the  adoption,  substantially,  of  the  Assembly's  plan,  by  all 
the  seminaries,  will  give  assurance  to  every  donor,  and  to  all  our  mem- 
bers, that  these  institutions  are  amply  secured  to  the  Presbyterian  Church. 

The  Committee  respectfully  recommends  the  adoption  of  the  following 
resolutions: 

1.  That  it  is  the  sense  of  this  Assembly  that  the  Assembly  of  1894 
did  not  intend  to  prepare  the  way  for  any  change  in  the  tenure  or  man- 
agement of  the  property  of  the  seminaries,  or  to  do  anything  which  can 
affect  the  autonomy  of  the  seminaries,  and  that  the  said  recommenda- 
tions were  intended  to  have  the  meaning  and  effect  as  recited  in  this 
Committee's  report.  This  Assembly,  in  reaffirming  the  resolution  of  the 
Assembly  of  1894,  does  so  with  the  avowed  purpose  of  leaving  the  tenure 
and  title  to  all  property  of  the  seminaries  exactly  where  they  are  now,  in 
the  hands  of  the  various  Boards  of  Trustees,  and  with  the  further  pur- 
pose of  securing  the  veto  power  to  the  Assembly,  as  an  effective  force,  by 
charter  provision,  and  of  safeguarding  by  charter  declaration,  the  trusts 
held  and  to  be  held  by  Boards  of  Trustees  against  perversion  or  misuse. 

2.  That  this  General  Assembly  reaffirms  the  action  of  the  Assembly 
of  1894,  and  in  view  of  the  progress  made,  and  the  importance  of  the 
interests  involved,  declares  that  in  its  judgment  the  effort  should  be 
continued  to  secure  the  adoption,  in  substance,  of  the  Assembly's  plan 
by  all  the  seminaries. 

3.  That  a  Committee  be  appointed  to  have  further  charge  of  this 
matter,  and  to  make  report  to  the  next  General  Assembly. 

Adopted  unanimously,  and  respectfully  submitted,  in  behalf  of  the 
Committee. — 1895,  pp.  31-34. 

[Note. — The  report  of  the  Committee  was  adopted  by  a  vote  of  432  in  the  affirma- 
tive to  99  in  the  negative.    For  the  full  report  see  Minutes,  1895,  pp.  29-34.] 

11.    Committee  on  Theological  Seminaries,  Report,  1896. 

The  Committee  presented  its  report,  which  was  received,  and  on  its 
recommendation  the  following  resolutions  were  adopted: 

1.  This  General  Assembly  reaffirms  the  action  of  the  General  Assera- 


OF   THE   GENEKAL   ASSEMBLY,  421 

bly  of  1895,  and,  in  view  of  tlie  importance  of  the  interests  involved, 
declares  that  in  its  judgment  the  plan  ajjproved  by  the  General  Assembly 
of  1895  should  be  substantially  adopted  by  all  of  the  seminaries. 

2.  The  General  Asseml)ly  highly  appreciates  the  readiness  of  the 
Boards  of  Control  in  some  of  our  theological  seminaries  shown  during 
the  past  year  to  carry  out  the  plan  approved  by  the  General  Assembly 
of  1895;  and  whilst  others  of  the  Boards  of  Control  have  not  seen  their 
way  clear  as  yet  to  adopt  the  general  provisions  of  that  plan  and  carry 
them  into  legal  effect,  the  General  Assembly  cannot  but  hope  that  upon 
further  consideration  they  may  see  their  way  clear  to  come  to  such  a 
conclusion  that  all  the  funds  and  property  in  their  hands,  and  the  teach- 
ing in  said  seminaries,  may  be  so  completely  safeguarded  to  the  Church 
that  benevolent  persons  contemplating  making  gifts  or  bequests  to  these 
institutions  may  have  the  fullest  confidence  in  the  future  security  of 
such  gifts  or  bequests.  With  entire  confidence  in  the  integrity  and 
wisdom  of  the  beloved  brethren  in  control  of  our  theological  seminaries, 
we  urge  them  to  take  such  measures  as  will  secure  this  most  desirable 
result;  and,  also,  that  these  several  Boards  be  requested  to  report  to  the 
next  General  Assembly  what  progress  they  have  made  in  this  direction. 

3.  That  the  Committee  be  discharged  from  further  service. — 1896, 
pp.  123,  124. 

[Note.— For  tlie  letter  of  the  Committee  to  the  Boards  of  the  theological  semina- 
ries, see  Minutes,  1896,  p.  186.  For  the  answers  of  the  Boards  of  the  theological 
seminaries  to  the  letter  of  the  Committee  of  Conference,  see  Mhmtes,  1896,  pp.  187-196.] 

12.  Committee  on  Theological  Seminaries,  Report,  1897. 

The  Committee  are  fully  persuaded  that  while  these  seminaries 
have  not  complied  in  letter  with  the  requests  made  by  the  General 
Assembly  in  1894  and  reaffirmed  in  1895  and  1896,  yet  the  Boards 
of  Control  of  the  seftiiuaries  have  made  conscientious  and  persistent 
investigation  of  the  matter  in  hand,  with  the  desire  to  comply  with  the 
wish  of  the  Assembly.  They  find,  however,  many  diflficulties,  and 
believe  that  such  changes  would  disturb  rather  than  establish  confidence, 
thereby  diminishing  future  gifts,  and  also  entailing  upon  the  seminaries 
litigations  which  would  probably  deprive  them  of  bequests  which  are 
now  their  main  support.  They  are  also  convinced  that  the  teaching 
and  properties  of  these  seminaries  are  already  so  fully  safeguarded  to  the 
Presbyterian  ('hurch  that,  in  the  judgment  of  able  jurists,  the  changes 
suggested  would  be  wholly  without  advantage. 

Resolved,  That  this  Assembly  accepts  as  sincere  the  repeated,  posi- 
tive and  explicit  written  declarations  of  the  above-named  seminaries, 
that  they  are  loyal  to  the  Church,  and  that  their  teachings  and  proper- 
ties are  in  their  judgment  fully  safeguarded  to  the  General  Assembly, 
but  if  at  any  time  in  the  future  these  seminaries  should  find  that  the 
changes  could  be  made  in  their  respective  charters  as  the  General  As- 
sembly has  desired,  it  will  be  gratifying  to  the  whole  Church  to  have 
such  changes  made. — 1897,  p.  110. 

[Note.— The  seminaries  above  referred  to  are  Lane,  Auburn,  McCormick  and  New- 
ark German.] 

13.  Approval  or  veto  of  elections  of  officers  and  professors. 

[Note. — Tlie  elections  of  professors  in  the  following  institutions  require  the  ap- 
proval of  the  General  Assembly  :  Auburn  Theological  Seminary,  German  Theologi- 
cal School  of  the  Northwest,  and  Omaha  Theological  Seminary.    In  addition,  the 


422  FORM    OF   GOVERNMENT,    CHAP.    Xlf. 

Assembly  has  a  veto  over  the  appointment  and  removal  of  professors  in  Princeton, 
Western,  McCormick  and  Danville  Seminaries,  and  a  veto  over  the  elections  of 
directors  in  the  same  institutions.  The  elections  of  directors  in  the  two  German 
Theological  Schools  are  subject  to  the  approval  of  the  Assembly,  and  the  appoint- 
ment of  professors  in  Lane,  San  Francisco  and  Newark  Seminaries,  and  Lincoln 
University,  is  subject  to  the  veto  of  the  Assembly. 

The  Assembly  is  also  entitled  by  the  provisions  of  the  charters  of  Princeton  and 
Western  Seminaries  to  change  one-third  of  the  trustees  at  any  annual  meeting,  and 
by  the  charter  of  Danville  to  change  one-third  of  the  trustees  at  any  meeting  in  the 
State  of  Kentucky.] 

11.  THE  THEOLOGICAL  SEMINARIES. 

I.    Princeton  Theological  Seminary. 

[Note. — See  Baird's  Digest,  1858,  pp.  434-444,  for  the  original  Constitution  of  the 
seminary,  election  of  professors,  organization,  etc. ;  also  Moore's  Diqest,  1886,  pp.  375- 
381,  for  the  plan  as  amended  by  the  Assembly  of  1870;  see  Digest,  1886,  pp.  381-383; 
Minutes.  1870,  pp.  6.5,  66,  and  1K71,  p.  579. 

The  following  is  "The  Plan  of  the  Theological  Seminary  of  the  Presbyterian 
Church  in  the  United  States  of  America,  located  at  Princeton,  New  .Jersey.  Adopted 
by  the  General  Assembly  of  1811  and  amended  by  subsequent  Assemblies."] 

1.    Plan  of  Princeton  Theological  Seminary. 

Article  I.      Of  the   General  Assembly. 

Section  1.  As  this  institution  derives  its  origin  from  the  General 
Assembly,  that  body  is  to  be  considered  its  patron  and  the  fountain  of 
its  power. 

Sec.  2.  The  Board  of  Directors  appointed  by  the  Assembly  shall  have 
the  immediate  control  of  the  seminary. 

Sec.  3.  The  General  Assembly  shall,  at  all  times,  have  the  power  of 
adding  to  the  constitutional  articles  of  the  seminary,  and  of  abrogating, 
altering,  or  amending  them ;  but  in  the  exercise  of  this  power,  the  con- 
templated additions,  abrogations,  alterations  or  amendments,  shall,  in 
every  case,  be  proposed  at  one  Assembly,  and  not  adopted  till  the  Assem- 
bly of  the  subsequent  year,  except  by  a  unanimous  vote. 

Article  II.      Of  the  Board  of  Directors. 

Section  1.  The  Board  of  Directors  shall  consist  of  twenty -one  minis- 
ters and  nine  ruling  elders ;  of  whom  one-third,  or  seven  ministers  and 
three  I'uling  elders,  shall  be  chosen  by  the  said  Board  annually,  to  con- 
tinue in  office  three  years;  and  the  Board  shall  also  have  power  to  fill 
all  vacancies  which  may  occur  in  its  body ;  all  these  elections,  however, 
shall  be  subject  to  the  veto  of  the  General  Assembly,  to  whom  they 
shall  be  reported  at  its  next  meeting  thereafter. 

Sec.  2,  The  Board  of  Directors  shall  have  power  to  elect  the  profes- 
sors, and  to  remove  them  from  office,  such  election  and  removal  to  be 
subject  to  the  veto  of  the  General  Assembly.  The  said  Board  shall  also 
have  power  to  suspend  temporarily  a  professor,  preliminary  to  and 
pending  an  investigation  of  charges  against  his  life  or  doctrine. 

Sec.  3.  The  Board  of  Directors  shall  meet  statedly,  at  least  once  in 
each  year  at  the  close  of  the  session;  and  oftener  on  their  own  adjourn- 
ments, if  they  shall  judge  it  expedient.  Nine  members  of  the  Board 
shall  be  a  quorum;  Provided,  always,  That  of  this  number  five  at  least 
be  ministers  of  the  Gospel. 

Sec.  4.  The  Board  shall  choose,  out  of  their  own  number,  a  President, 
two  Vice-Presidents,  and  a  Secretary.  In  the  absence  of  the  President 
and  Vice-Presidents  the  senior  member  present  shall  preside. 

Sec.  5.  The  President  of  the  Board,  or,  in  the  event  of  his  death. 


OF    THE    GENERAL    ASSEMBLY.  423 

absence  or  inability  to  act,  the  first  Vice-President  shall,  at  the  request 
of  any  three  members,  expressed  to  him  in  writing,  call  a  special  meet- 
ing of  the  Board  of  Directors  by  a  circular  letter  addressed  to  each ;  in 
which  letter  notice  shall  be  given,  not  only  of  the  place  and  time  of 
meeting,  but  of  the  business  intended  to  be  transacted  at  the  meeting 
notified;  and  this  letter  shall  be  sent  at  least  ten  days  before  the  time  of 
said  meeting. 

Sec.  6.  The  Secretary  of  the  Board  shall  keep  accurate  records  of 
all  the  proceedings  of  the  directors;  and  it  shall  be  his  duty  to  lay  these 
recoi'ds,  or  a  faithful  transcript  of  the  same,  before  the  General  Assem- 
bly, annually,  for  the  unrestrained  inspection  of  all  the  members. 

Sec.  7.  Every  meeting  of  the  Board  of  Directors  shall  be  opened  and 
closed  with  prayer. 

Sec.  8.  The  Board  of  Directors  may  make  rules  and  regulations  for 
the  performance  of  the  duties  assigned  them,  or  for  the  preservation  of 
order,  not  inconsistent  with  the  prescriptions  of  this  plan,  or  the  orders 
of  the  General  Assembly. 

Sec.  9.  The  Board  shall  direct  the  professors  of  the  seminary  in 
regard  to  the  subjects  and  topics  on  which  they  are  severally  to  give 
instructions  to  the  pupils,  so  far  as  the  same  shall  not  be  prescribed  by 
this  plan,  or  by  the  orders  of  the  General  Assembly. 

Sec.  10.  It  shall  be  the  duty  of  the  Board  of  Directors  to  inaugurate 
the  professors  of  the  seminary,  and  to  direct  what  forms  shall  be  used, 
and  what  services  performed,  on  such  occasions. 

Sec.  11.  Every  director,  previously  to  his  taking  his  seat  as  a  member 
of  the  Board,  shall  solemnly  subscribe  the  following  formula,  viz. : 
"  Approving  the  plan  of  the  theological  seminary  of  the  Presbyterian 
Church  in  the  United  States  of  America,  I  solemnly  declare  and  promise, 
in  the  presence  of  God,  and  of  this  Board,  that  I  will  faithfully  endeavor 
to  cai'ry  into  effect  all  the  articles  and  provisions  of  said  plan,  and  to 
promote  the  great  design  of  the  seminary. ' ' 

Sec.  12.  It  shall  be  the  duty  of  the  Board  of  Directors  to  watch  over 
the  conduct  of  the  students;  to  redress  grievances;  to  examine  into  the 
whole  course  of  instruction  and  study  in  the  seminary;  and  generally  to 
superintend  and  endeavor  to  promote  all  its  interests. 

Sec.  13.  The  Board  of  Directors  shall  make,  in  writing,  a  detailed 
and  faithful  report  of  the  state  of  the  seminary  to  every  General  Assem- 
bly; and  they  may,  at  the  same  time,  recommend  such  measures  for  the 
advantage  of  the  seminary  as  to  them  may  appear  proper. 

Sec.  14.  At  every  stated  meeting  of  the  Board  of  Directors,  unless 
particular  circumstances  render  it  inexpedient,  there  shall  be  at  least  one 
sermon  delivered  in  the  presence  of  the  Board,  the  professors,  and 
students,  by  a  director  or  directors  previously  appointed  for  the  purpose. 

Article  III.      Of  the  Professors. 

Section  1.  The  number  of  the  professors  in  the  seminary  shall  be 
increased  or  diminished  as  the  Board  of  Directors  shall  from  time  to  time 
direct.  But  when  the  seminary  shall  be  completely  organized,  there 
shall  not  be  less  than  three  professors. 

Sec.  2.  No  person  shall  be  inducted  into  the  o'fliee  of  Professor  of 
Divinity  but  an  ordained  minister  of  the  Gospel. 

Sec.  3.  Every  person  elected  to  a  professorship  in  this  seminary  shall, 
on  being  inaugurated,  solemnly  subscribe  the  Confession  of  Faith  Cate- 


424  FORM  OF  GOVERNMENT,  CHAP.  XII, 

cliisms  and  Form  of  Government  of  the  Presbyterian  Church,  agreeably 
to  the  following  formula,  viz. :  "  In  the  presence  of  God  and  of  the 
directors  of  this  seminary,  I  do  solemnly  and  ex  animo  adopt,  receive 
and  subscribe  the  Confession  of  Faith  and  Catechisms  of  the  Presby- 
terian Church  in  the  United  States  of  America  as  the  confession  of  my 
faith,  or  as  a  summary  and  just  exhibition  of  that  system  of  doctrine 
and  religious  belief,  which  is  contained  in  Holy  Scripture,  and  therein 
revealed  by  God  to  man  for  his  salvation ;  and  I  do  solemnly,  ex  animo, 
profess  to  receive  the  Form  of  Government  of  said  Church,  as  agreeable 
to  the  inspired  oracles.  And  I  do  solemnly  promise  and  engage  not  to 
inculcate,  teach,  or  insinuate  anything  which  sliall  appear  to  me  to  con- 
tradict or  contravene,  either  directly  or  impliedly,  anything  taught  in  the 
said  Confession  of  Faith  or  Catechisms,  nor  to  oppose  any  of  the  funda- 
mental principles  of  Presbyterian  Church  government,  Avhile  I  shall 
continue  a  professor  in  this  seminary. ' ' 

Sec.  4.  The  salaries  of  the  professors  shall  be  fixed  by  the  Board  of 
Directors. 

Sec.  5.  The  professors  may  accompany  their  lectures  and  recitations 
Avith  prayer  as  frequently  as  they  may  judge  propei*,  in  addition  to  those 
daily  seasons  of  prayer,  in  which  all  the  students  will  unite. 

Sec.  6.  Each  professor  shall  lay  before  the  Board  of  Directors,  as  soon 
as  practicable  after  his  appointment,  a  detailed  exhibition  of  the  system 
and  method  which  he  proposes  to  pursue,  and  the  subjects  which  he  pro- 
poses to  discuss,  in  conducting  the  studies  of  the  youth  that  shall  come 
under  his  care ;  and  in  this  system  he  shall  make  such  alterations  or 
additions  as  the  Board  shall  direct,  so  that  eventually  the  whole  course 
through  which  the  pupils  shall  be  carried,  shall  be  no  other  than  that 
which  the  Board  of  Directors  shall  have  approved  and  sanctioned 
conformably  to  Sec.  9,  Art.  ii.  And  as  often  as  any  professor  shall 
think  that  variations  and  additions  of  importance  may  be  advantageously 
introduced  into  his  course  of  teaching,  he  shall  submit  the  same  to  the 
Board  of  Directors  for  their  approbation  or  rejection. 

Sec.  7.  Every  class  shall,  if  practicable,  have  at  least  one  lecture  or 
recitation  every  day. 

Sec.  8.  Any  professor  intending  to  resign  his  office  shall  give  six 
months'  notice  of  such  intention  to  the  Board  of  Directors. 

Sec.  9.  The  professore  of  the  institution  shall  be  considered  as  a 
faculty.  They  shall  meet  at  such  seasons  as  they  may  judge  proper. 
In  every  meeting  the  senior  professor  present  shall  preside.  The  faculty 
shall  choose  a  clerk,  and  keep  accurate  records  of  all  their  proceedings, 
which  records  shall  be  laid  before  the  directors  at  every  stated  meeting  of 
the  Board.  The  president  of  the  faculty  shall  call  a  meeting  whenever 
he  shall  judge  it  expedient,  and  whenever  he  shall  be  requested  to  do  so 
by  any  other  member.  By  the  faculty,  regularly  convened,  shall 
be  determined  the  hours  and  seasons  at  which  the  classes  shall  attend  the 
professors  severally,  so  as  to  prevent  interference  and  confusion,  and  to 
afford  to  the  pupils  the  best  opportunities  of  improvement.  The  faculty 
shall  attend  to  and  decide  on  all  cases  of  discipline  and  all  questions  of 
order,  as  they  shall  arise.  They  shall  agree  on  the  rules  of  order,  deco- 
rum, and  duty  (not  inconsistent  with  any  provision  in  the  plan  of  the 
seminary,  nor  with  any  order  of  the  Board  of  Directors),  to  which  the 
students  shall  be  subjected,  and  these  they  shall  reduce  to  writing,  and 
cause  to  be  publicly  and  fretpieutly  read.     They  shall  determine  the 


OP   THE   GENERAL    AaSEMBLY.  425 

houi-s  at  which  the  whole  of  the  pupils  shall,  morning  and  evening,  attend 
for  social  worship,  and  the  manner  in  which,  and  the  person  or  persons 
of  their  own  number,  by  Avhom  the  exercises  of  devotion  shall  be  con- 
ducted. 

Sec.  10.  The  faculty  shall  be  empowered  to  dismiss  from  the  seminary 
any  student  who  shall  prove  unsound  in  his  religious  sentiments,  immoral 
or  disorderly  in  his  conduct,  or  who  may  be,  in  their  opinion,  on  any 
account  whatsoever,  a  dangerous  or  unprofitable  member  of  the  insti- 
tution. 

Sec.  11.   Each  member  of  the  faculty  shall  have  an  equal  vote. 

Sec.  12.  It  shall  be  the  duty  of  the  professors,  under  the  direction  of 
the  Board  of  Directors,  to  supply  the  pupils  of  the  institution  with  the 
preaching  of  the  Gospel,  and  the  administration  of  the  sacraments  of 
the  Christian  Church,  if  this  supply  shall  not,  in  the  judgment  of  the 
directors,  be  satisfactorily  furnished  by  a  church  or  churches  in  the  place 
where  the  institution  shall  be  established. 

Article  IV.      Of  Study  and  Attainments. 

As  the  particular  course  of  study  pursued  in  any  institution  will  and 
perhaps  ought  to  be  modified  in  a  considerable  degree,  by  the  views  and 
habits  of  the  teachers,  and  ought,  moreover,  to  be  varied,  altered,  or 
extended,  as  experience  may  suggest  improvements,  it  is  judged  proper  to 
specify,  not  so  precisely  the  course  of  study  as  the  attainments  which 
must  be  made.     Therefore, 

Section  1.  Every  student,  at  the  close  of  his  course,  must  have  made 
the  following  attainments,  viz. ,  he  must  be  well  skilled  in  the  original 
languages  of  the  Holy  Scriptures.  He  must  be  able  to  explain  the 
principal  difiiculties  which  arise  in  the  perusal  of  the  Scriptures,  either 
from  erroneous  translations,  apparent  inconsistencies,  real  obscurities,  or 
objections  arising  from  history,  reason  or  argument.  He  must  be  versed 
in  Jewish  and  Christian  antiquities,  which  serve  to  explain  and  illustrate 
Scripture.  He  must  have  an  acquaintance  with  ancient  geography  and 
wdth  Oriental  customs,  which  throw  light  on  the  sacred  records.  Thus 
he  will  have  laid  the  foundation  for  becoming  a  sound  Biblical  critic. 

He  must  have  read  and  digested  the  principal  arguments  and  writings 
relative  to  what  has  been  called  the  deistical  controversy.  Thus  will  he 
be  qualified  to  become  a  defender  of  the  Christian  faith. 

He  must  be  able  to  support  the  doctrines  of  the  Confession  of  Faith 
and  Catechisms,  by  a  ready,  pertinent  and  abundant  quotation  of  Scrip- 
ture texts  for  that  purpose.  He  must  have  studied,  carefully  and 
correctly,  natural,  didactic,  polemic  and  casuistic  theology.  He  must 
have  a  considerable  acquaintance  with  general  history  and  chronology, 
and  a  particular  acquaintance  with  the  history  of  the  Christian  Church. 
Thus  he  will  be  preparing  to  become  an  able  and  sound  divine  and  casuist. 

He  must  have  read  a  considerable  number  of  the  best  practical  writers 
on  the  subject  of  religion.  He  nmst  have  learned  to  compose  with 
correctness  and  readiness  in  his  own  language  and  to  deliver  what  he  has 
composed  to  others  in  a  natural  and  acceptable  manner.  He  must  be  well 
acquainted  with  the  several  parts,  and  the  proper  structure  of  popular 
lectures  and  sermons.  He  must  have  composed  at  least  two  lectures  and 
four  popular  sermons,  that  shall  have  been  approved  by  the  professors. 
He  must  have  carefully  studied  the  duties  of  the  pastoral  care.  Thus 
he  will  be  prepared  to  become  a  useful  preacher  and  a  faithful  pastor. 


426  FORM  OF  GOVERNMENT,  CHAP.  XII. 

He  must  have  studied  attentively  the  form  of  Church  government 
authorized  by  the  Scriptures,  and  the  administration  of  it  as  it  has  taken 
place  in  Protestant  Churches.  Thus  he  Avill  be  qualified  to  exercise  disci- 
pline, and  to  take  part  in  the  government  of  the  Church  in  all  its 
judicatories. 

Sec.  2.  The  period  of  continuance  in  the  theological  seminary  shall,  in 
no  case,  be  less  than  three  years,  previously  to  an  examination  for  a  cer- 
tificate of  approbation.  But  students  may  enter  the  seminary,  and  enjoy 
the  course  of  instruction  for  a  shorter  time  than  three  years,  provided 
they  in  all  other  respects  submit  to  the  laws  of  the  seminary,  of  which 
facts  they  may  receive  a  written  declaration  from  the  professors. 

Sec.  3.  There  shall  be  an  examination  of  all  the  pupils  in  the  semi- 
nary, under  the  direction  of  the  Board  of  Directors,  at  least  once  every 
year.  Those  pupils  who  shall  have  regularly  and  diligently  studied  for 
three  years,  shall  be  admitted  to  an  examination  on  the  subjects  sjiecified 
in  this  article.  All  examinations  shall  be  conducted  by  the  professors,  in 
the  presence  of  the  directors,  or  a  Committee  of  them.  Every  director 
present  shall  be  at  liberty,  during  the  progress  of  any  examination,  or 
after  the  same  shall  have  been  closed  by  the  professors,  to  put  to  any 
pupils  such  questions  as  he  shall  deem  proper.  Every  pupil  that  shall 
have  passed  his  final  examination  to  the  satisfaction  of  the  directore 
present  shall  receive  a  certificate  of  the  same,  signed  by  the  professors, 
Avith  which  he  shall  be  remitted  to  the  Presbytery,  under  whose  care  he 
is  placed,  to  be  disposed  of  as  such  Presbytery  shall  direct.  Those  who 
do  not  pass  a  satisfactory  examination  shall  remain  a  longer  space  in  the 
seminary. 

Sec.  4.  It  shall  be  the  object  of  the  professors  to  make  such  arrange- 
ments in  the  instruction  of  their  pupils  as  shall  be  best  adapted  to  enable 
them,  in  the  space  of  three  years,  to  be  examined  w'ith  advantage  on  the 
subjects  specified  in  this  article. 

Article    V.      OJ  Devotion  and  Improvement  in  Practical  Piety. 

It  ought  to  be  considered  as  an  object  of  primary  importance  by  every 
student  in  the  seminary,  to  be  careful  and  vigilant  not  to  lose  that 
inward  sense  of  the  power  of  godliness  which  he  may  have  attained; 
but,  on  the  contrary,  to  grow  continually  in  a  spirit  of  enlightened 
devotion  and  fervent  piety;  deeply  impressed  with  the  recollection,  that 
without  this,  all  his  other  acquisitions  will  be  comparatively  of  little 
worth,  either  to  himself,  or  to  the  Church  of  which  he  is  to  be  a  minister. 

He  must  remember,  too,  that  this  is  a  species  of  improvement  which 
must  of  necessity  be  left,  in  a  great  measure,  with  himself,  as  a  concern 
between  God  and  his  own  soul. 

It  is  proper,  however,  to  delineate  the  path  of  duty,  express  the  wishes 
and  expectations  of  the  founders  of  the  seminary,  and  to  make  such 
requirements  as  the  nature  of  the  subject  will  permit. 

Section  1.  It  is  expected  that  every  student  in  the  theological  seminary 
will  spend  a  portion  of  time  every  morning  and  evening  in  devout 
meditation  and  self -recollection  and  examination;  in  reading  the  Holy 
Scriptures,  solely  with  a  view  to  a  personal  and  practical  application  of 
the  passage  read  to  his  own  heart,  character  and  circumstances ;  and  in 
humble,  fervent  prayer  and  praise  to  God  in  secret. 

The  whole  of  every  Lord's  day  is  to  be  devoted  to  devotional  exercises, 
either  of  a  social  or  secret  kind.     Intellectual  pursuits,  not  immediately 


OF   THE   GENERAL   ASSEMBLY,  427 

connected  with  devotion  or  the  religion  of  the  heart,  are  on  that  day  to 
be  f 0 reborn  e.  The  books  to  be  read  are  to  be  of  a  practical  nature. 
The  conversations  had  with  each  other  are  to  be  chiefly  on  religious 
subjects.  Associations  for  prayer  and  praise,  and  for  religious  confer- 
ence, calculated  to  promote  a  growth  in  grace,  are  also  proper  for  this 
day ;  subject  to  such  regulations  as  the  professors  and  directors  may  see 
proper  to  prescribe.  It  is  wished  and  recommended,  that  each  student 
should  ordinarily  set  apart  one  day  in  a  month  for  special  prayer  and 
self-examination  in  secret,  and  also  that  he  should,  on  suitable  occasions, 
attend  to  the  duty  of  fasting. 

Sec.  2.  If  any  student  shall  exhibit,  in  his  general  deportment,  a  levity 
or  indifference  in  regard  to  practical  religion,  though  it  do  not  amount  to 
any  overt  act  of  irreligion  or  immorality,  it  shall  be  the  duty  of  the 
professor  who  may  observe  it  to  admonish  him  tenderly  and  faithfully  in 
private,  and  endeavor  to  engage  him  to  a  more  holy  temper,  and  a  more 
exemplary  deportment. 

Sec.  3.  If  a  student,  after  due  admonition,  persist  in  a  system  of 
conduct  not  exemplary  in  regard  to  religion,  he  shall  be  dismissed  from 
the  seminary. 

Sec.  4.  The  professors  are  particularly  charged,  by  all  the  proper 
means  in  their  power,  to  encourage,  cherish,  and  promote  devotion  and 
personal  piety  among  their  pupils,  by  warning  and  guarding  them,  on 
the  one  hand,  against  formality  and  indifference,  and  on  the  other, 
against  ostentation  and  enthusiasm;  by  inculcating  practical  religion  in 
their  lectures  and  recitations;  by  taking  suitable  occasions  to  converse 
with  their  pupils  privately  on  this  interesting  subject ;  and  by  all  other 
means  incapable  of  being  minutely  specified,  by  which  they  may  foster 
true  experimental  religion,  and  unreserved  devotedness  to  God. 

Article   VL      Of  the  Students. 

Section  1.  Every  student  applying  for  admission  to  the  theological 
seminary  shall  produce  satisfactory  testimonials  that  he  possesses  good 
natural  talents,  and  is  of  a  prudent  and  discreet  deportment ;  that  he  is 
in  full  communion  with  some  regular  church ;  that  he  has  passed  through 
a  regular  course  of  academical  study ;  or,  wanting  this,  he  shall  submit 
himself  to  an  examination  in  regard  to  the  branches  of  literature  taught 
in  such  a  course. 

Sec.  2.  The  first  six  months  of  every  student  in  the  seminary  shall  be 
considered  as  probationary ;  and  if  at  the  end  of  this  period,  any  student 
shall  appear  to  the  professors  not  qualified  to  proceed  in  his  studies,  they 
shall  so  report  him  to  the  Board  of  Directors,  who,  if  they  are  of  the 
same  opinion  with  the  professors,  shall  dismiss  him  from  the  seminary. 

Sec.  3.  The  hours  of  study  and  of  recreation  for  the  students  shall  be 
fixed  by  the  professors,  with  the  concurrence  of  the  directors ;  and  every 
student  shall  pay  a  strict  regard  to  the  rules  established,  relative  to  this 
subject. 

Sec.  4.  Every  student  shall  be  obliged  to  write  on  such  theological  and 
other  subjects,  as  may  be  prescribed  to  him  by  the  professors,  once  a 
month ;  and  shall  also  commit  to  memory  a  piece  of  his  own  composition, 
and  pronounce  it  in  public,  before  the  professors  and  students. 

Sec.  5.  Every  student  shall  not  only  preserve  an  exemplary  moral 
character,  but  shall  be  expected  to  treat  his  teachers  with  the  greatest 
deference  and  respect,  and  all  other  persons  with  civility. 


428  FORM  OF  GOVERNMENT,  CHAP.  XII. 

Sec.  6.  Every  student  shall  yield  a  prompt  and  ready  obedience  to  all 
the  lawful  requisitions  of  the  professors  and  directors. 

Sec.  7.  Diligence  and  industry  in  study  shall  be  considered  as  indispen- 
sable in  every  student,  unless  the  want  of  health  shall  prevent,  of  which 
the  professors  shall  take  cognizance,  and  make  the  suitable  allowance. 

Sec.  8.  Strict  temperance  in  meat  and  drink  is  expected  of  every 
student,  with  cleanliness  and  neatness  in  his  dress  and  habits ;  while  all 
excessive  expense  in  clothing  is  strictly  prohibited. 

Sec.  9.  Every  student,  before  he  takes  his  standing  in  the  seminary, 
shall  subscribe  the  following  declaration,  viz.,  "  Deeply  impressed  with  a 
sense  of  the  importance  of  improving  in  knowledge,  prudence  and 
piety,  in  my  preparation  for  the  Gospel  ministry,  I  solemnly  promise,  in  a 
reliance  on  divine  grace,  that  I  will  faithfully  and  diligently  attend  on  all 
the  instructions  of  this  seminary,  and  that  I  will  conscientiously  and 
vigilantly  observe  all  the  rules  and  regulations  specified  in  the  plan  for  its 
instruction  and  government,  so  far  as  the  same  relate  to  the  students; 
and  that  I  will  obey  all  the  lawful  requisitions,  and  readily  yield  to  all 
the  wholesome  admonitions  of  the  professors  and  directors  of  the  semi- 
nary, while  I  shall  continue  a  member  of  it." 

Sec.  10.  The  exercises  of  the  seminary  shall  be  suspended  during 
eighteen  weeks  in  every  year  ;  the  number  of  vacations,  and  the  times  at 
which  they  shall  begin  and  end,  to  be  determined  by  the  Board  of  Directors. 

Article   VII.      Of  the  Funds. 

Section  1.  The  Board  of  Directors  are  authorized  to  exercise  all 
control  of  the  funds  belonging  to  this  institution,  hitherto  exercised  by 
the  General  Assembly,  as  tax  as  can  be  done  consistently  with  the  will 
of  the  testators  or  donors;  such  as  fixing  the  salary  of  the  professors, 
regulating  the  amount  required  for  endowment  of  scholarships  or 
professorships,  and  keeping  sacred  and  distinct  the  different  funds 
already  created,  or  to  be  hereafter  created,  for  the  specific  objects  for 
which  they  are  given. 

Sec.  2.  All  matters  relating  to  finance,  fixing  the  salaries  of  profes- 
sors, the  extent  of  endowment  and  aid  of  students,  shall  be,  by  the 
Board  of  Directors,  submitted  to  the  trustees  of  the  seminary  for  their 
approval . 

Sec.  3.  Fair  statements  shall  be  annually  presented  to  the  Assembly, 
by  the  Board  of  Directors  and  by  the  trustees,  of  the  amount  of  funds 
belonging  to  the  seminary,  of  the  items  that  constitute  that  amount,  and 
of  the  expenditures,  in  detail,  for  the  preceding  year. 

Sec.  4.  The  intention  and  directions  of  testators  or  donors,  in  regard 
to  moneys  or  other  property  left  or  given  to  the  seminary,  shall,  at  all 
times,  be  sacredly  regarded.  And  if  any  individual,  or  any  number  of 
individuals,  not  greater  than  three,  shall  by  will,  or  during  his  or  their 
lives,  found  or  endow  a  pi'ofessorship  or  professorships,  a  scholarship  or 
scholarships,  or  a  fund  or  funds,  destined  to  special  purposes,  said  profes- 
sorships, scholarships  or  funds  shall  forever  afterwards  be  called  and 
known  by  the  name  or  names  of  those  who  founded  or  endowed  them; 
and  if  any  congregation,  Presbytery,  Synod  or  association  shall  found  a 
professorship  or  professorships,  a  scholarship  or  scholarships,  or  a  fund 
or  funds,  said  professorships,  scholarships  or  funds  shall  forever  after- 
wards be  called  and  known  by  such  names  as  the  body  founding  them 
shall  give. 


OF    THE   GENERAL   ASSEMBLY.  429 

Sec.  5.  After  supporting  the  professors,  and  defraying  the  other  nec- 
essary charges  of  the  seminary,  the  funds  shall  be  applied  as  far  as 
circumstances  will  admit,  to  defray  or  diminish  the  expenses  of  those 
students  who  may  need  pecuniary  aid,  as  well  as  to  lessen,  generally, 
the  expense  of  a  residence  at  the  seminary. 

2.    Property  to  be  held  by  trustees  of  the  Assembly. 

That  the  trustees  of  this  Assembly  be  directed  to  receive  and  hold,  for 
the  use  of  the  theological  seminary,  the  transfers  which  have  been  made, 
or  shall  be  made,  of  property  bequeathed  to  the  seminary. — 1814,  p. 
562. 

3.    Directors  ordered  to  secure  charter. 

The  following  resolution  was  submitted  to  the  Assembly,  and  adopted, 
viz. : 

Whereas,  The  real  estate  of  this  General  Assembly  in  the  State  of 
New  Jersey,  appertaining  to  the  theological  seminary  at  Princeton,  is  at 
present  secured  to  the  Assembly  by  the  constituting  of  certain  individ- 
uals trustees  of  such  property;  and 

Whereas,  There  is  a  manifest  inconvenience,  if  not  hazard,  in  holding 
said  property  by  such  an  expedient,  ' 

Resolved,  That  the  Board  of  Directors,  if  they  judge  it  expedient, 
endeavor  to  obtain  an  act  of  incorporation  from  the  Legislature  of  said 
State,  as  a  measure  of  prudence  and  safety,  and  that  they  be  instructed 
to  endeavor  to  obtain  an  act  similar  to  that  obtained  in  the  State  of 
Pennsylvania,  and  report  the  charter  to  the  Assembly  for  adoption. — 
1821,  p.  22. 

4.    Charter  at  first  declined  by  the  Assembly. 

That  the  General  Assembly  respectfully  decline,  for  the  present,  to 
accept  the  act  of  incorporation  of  the  Legislature  of  New  Jersey,  entitled 
' '  An  act  for  incorporating  trustees  of  the  Theological  Seminary  of 
the  Presbyterian  Church  at  Princeton,  in  the  State  of  New  Jersey, ' '  and 
that  the  act  be  referred  to  the  Board  of  Directors  to  procure,  if  practica- 
ble, a  repeal  of  the  last  clause  of  the  act. — 1823,  p.  81. 

5.    Orders  given  in  connection  with  the  charter. 

The  Committee  on  the  Charter  of  the  Theological  Seminary  at 
Princeton  reported  and  recommended  the  following  resolutions,  which  were 
adopted,  viz. : 

1.  Resolved,  That  the  charter,  with  its  supplement,  be  published  in 
the  Appendix  to  the  Minutes  of  the  present  year. 

2.  Resolved,  That  the  trustees  of  the  Theological  Seminary  of  the 
Presbyterian  Church  be  directed  to  hold  their  first  meeting  at  Princeton, 
on  Tuesday  preceding  the  next  annual  commencement  of  New  Jersey 
College,  and  the  present  Temporary  Clerk  of  this  Assembly  is  hereby 
directed  to  give  notice  to  each  member  at  least  ten  days  previous  to  said 
meeting. 

3.  Resolved,  That  the  individual  trustees,  who  hold  in  trust  the  real 
estate  at  Princeton,  transfer  said  property  to  the  incorporated  trustees  of 
the  seminary. 

4.  Resolved,  That  in  voting  for  trustees  of  the  Theological  Seminary 
of  the  Presbyterian  Church,  the  Assembly  adopt  the  rules  which  exist  in 
relation  to  voting  for  trustees  of  the  General  Assembly,  found  in  the 
Digest,  pp.  198,  199.— 1824,  p.  117. 


430  FORM  OF  GOVERNMENT,  CHAP.  XII. 

6.    Trustees  elected  by  the  Assembly. 

Agreeably  to  the  order  of  the  day,  the  Assembly  proceeded  to  the 
election  of  trustees  of  the  Theological  Seminary  at  Princeton,  when  the 
Hon.  Jonas  Piatt  was  elected  in  the  room  of  John  Condict,  Esq. ;  Dr. 
John  T.  Woodhull,  in  the  room  of  Ebenezer  Elmer,  Esq. ;  Horace 
Stockton,  Esq.,  in  the  room  of  John  Beatty,  Esq.  ;  Rev.  James  Carna- 
han,  D.D.,  in  the  room  of  the  Rev.  Alexander  McClelland;  and  the 
Rev.  Joseph  McElroy  in  the  room  of  the  Rev.  Samuel  B.  How. — 1826, 
p.  186. 

Resolved,  That  the  Assembly  will  make  no  further  change  in  the 
Board  this  year. — 1826,  p.  186. 

7.    Agreement  with  the  trustees  of  New  Jersey  College. 

a.  An  extract  from  the  minutes  of  the  trustees  of  the  College  of  New 
Jersey,  stating  the  appointment  of  a  Committee  of  their  Board  to  confer 
with  a  Committee  of  this  Assembly  on  the  establishment  of  a  theological 
school,  being  received,  was  read,  and  Drs.  Alexander  and  Nott,  the 
Rev.  John  P.  Campbell,  Messrs.  Connelly  and  Bethune,  were  appointed 
a  Committer  to  confer  with  the  Committee  of  the  trustees. — 1811,  p. 
466. 

b.  This  Committee  reported  among  other  things  that  they  deem  it 
expedient  on  the  part  of  this  Assembly  to  appoint  a  Committee,  with 
ample  powers,  to  meet  a  Committee  on  the  part  of  the  trustees  of  the 
College  of  New  Jersey,  invested  with  similar  powers,  to  frame  the  plan 
of  a  Constitution  for  the  theological  seminary,  containing  the  fundamen- 
tal principles  of  a  union  with  the  trustees  of  that  college  and  the  semi- 
nary already  established  by  them,  which  shall  never  be  changed  or  altered, 
without  the  mutual  consent  of  both  pai'ties,  provided  that  it  should  be 
deemed  proper  to  locate  the  Assembly's  seminary  at  the  same  place  with 
that  of  the  college.  [The  Committee  was  appointed.] — 1811,  pp.  470, 
471. 

Terms  of  Agreement. 

The  following  plan  of  agreement  between  a  Committee  appointed  by 
the  last  General  Assembly  and  a  Committee  of  the  trustees  of  the  College 
of  New  Jersey  for  the  location  and  establishment  of  a  theological  semi- 
nary, was  submitted  to  this  Assembly,  and  was  adopted: 

1.  That  the  theological  seminary  about  to  be  erected  by  the  General 
Assembly  shall  have  its  location  in  Princeton  or  its  immediate  vicinity, 
in  the  State  of  New  Jersey,  and  in  such  connection  with  the  College  of 
New  Jersey  as  is  implied  in  the  following  articles : 

2.  That  the  trustees  of  the  college  engage  that  the  General  Assembly 
and  directors  to  be  by  them  appointed  shall  carry  into  complete  and  full 
effect,  without  any  interposition,  interference,  let  or  hindrance  from 
them,  the  trustees  or  their  successors,  the  whole  plan  of  a  theological 
seminary,  as  laid  down  and  agreed  upon  at  a  meeting  of  the  Assembly  in 
the  present  year  of  our  Lord  1811.  That  is  to  say,  that  the  General 
Assembly  shall  appoint  their  directors,  choose  their  professors,  crrry  on 
their  instruction,  govern  their  pupils  and  manage  their  funds  as  to  them 
shall  appear  best. 

3.  That  the  trustees  of  the  college  engage  to  the  General  Assembly 
freely  to  allow  them  to  erect  at  their  own  expense,  on  the  grounds  belong- 
ing to  the  college,  such  buildings  for  the  accommodation  of  pupils  and 


OF   THE    GENERAL   ASSEMBLY.  431 

professors  as  they  may  judge  proper,  and  which  may  not  interfere  with 
the  buihlings  and  their  conveniences  already  erected  by  the  trustees;  and 
to  prevent  all  future  dissatisfaction  on  this  subject,  that  it  be  agreed  that 
when  the  General  Assembly  or  the  directors  of  the  theological  seminary 
may  wish  to  erect  any  building  on  the  college  grounds,  and  there  shall 
be  any  discordance  of  views,  relative  to  the  same,  then  the  General 
Assembly  or  the  directors  aforesaid  shall  appoint  three  men  and  the  Board 
of  Trustees  the  same  number,  and  these  six  shall  choose  one  man  not 
belonging  to  either  body;  and  these  seven  men,  by  a  majority  of  votes, 
shall  determine  whether  said  building  can  be  properly  erected  on  said 
grounds,  and  if  so,  what  shall  be  the  site  and  size  of  the  same;  and  that 
this  determination  shall  be  conclusive  and  final  with  both  parties.  Pro- 
vided, nothing  contained  in  this  article  shall  be  understood  to  prohibit  the 
General  Assembly  or  the  directors  of  the  theological  seminary  from  making 
use  of  any  other  ground,  within  the  limits  prescribed  in  article  first,  for 
the  purposes  aforesaid. 

4.  That  the  trustees  engage  to  the  General  Assembly  to  grant  them 
every  practicable  accommodation  in  the  building  now  existing,  not  only 
till  others  may  be  erected  by  the  Assembly,  but  afterward,  so  long  as  the 
same  may  be  desirable. 

5.  That  the  trustees  engage  to  endeavor  to  receive  into  the  college  all 
the  youth  whom  the  Assembly,  or  the  directors  by  them  appointed,  may 
send  to  it  for  the  purpose  of  education,  subject  to  such  examination  at 
entrance  and  to  such  discipline  during  their  residence  in  college  as  the 
other  pupils  of  the  college  are  subjected  to,  the  trustees  to  receive  for  the 
expenses  of  board,  tuition  and  room-rent  the  same  as  for  others,  and 
giving  to  the  Assembly  the  assurance  that  as  pupils  increase  and  the 
funds  of  the  college  will  permit,  they  will  reduce  as  low  as  possible  all 
the  expenses  of  the  pupils  under  their  care. 

6.  That  the  trustees  agree  to  receive  and  hold  for  the  useof  the  Assem- 
bly such  sums  of  money  as  they  may  voluntarily  choose  to  deposit  in  the 
hands  of  the  trustees  for  improvement,  so  as  to  incur  no  inconvenience 
to  such  trustees  from  the  limitation  of  their  charter,  and  that  such  sums 
of  money  be  accordingly  invested  in  such  funds  as  the  Assembly  shall 
direct;  that  the  trustees  pay  the  interest  thereof,  when  received,  to  the 
order  of  the  Assembly,  keep  it  wholly  separate  from  the  funds  of  the 
college,  and  pay  over  or  transfer  to  the  order  of  the  Assembly  the  prin- 
cipal sura  whenever  they  shall  so  direct. 

7.  That  the  trustees  grant  to  the  professors  and  pupils  of  the  theologi- 
cal seminary  the  free  use  of  the  college  hbrary,  subject  to  such  rules  as 
may  be  adopted  for  the  preservation  of  the  books  and  the  good  order  of 
the  same. 

8.  That  if  the  General  Assembly  shall  wish  to  establish  at  Princeton 
an  elementary  school  for  the  instruction  of  youth  in  such  learning  as 
usually  precedes  their  entrance  into  college,  the  trustees  agree  to  aid 
them  in  this  undertaking,  by  every  accommodation  and  all  the  patronage 
in  their  power,  so,  however,  as  not  to  engage  to  make  drafts  on  the  funds 
of  the  college  for  that  purpose. 

9.  That  if  at  any  time  the  General  Assembly  shall  find  that  the  con- 
nection between  their  seminary  and  the  college  does  not  conduce  suffi- 
ciently to  the  great  purposes  contemplated  to  be  answered  by  the  said 
seminary,  they  shall  be  at  liberty  to  remove  it  to  some  other  place; 
and  the  trustees  engage  that  while   the  theological   seminary  shall  re- 


432  FORM    OF   GOVERNMENT,   CHAP,    XII. 

main  at  Princeton  no  professorship  of  theology  shall  be  established  in  the 
college. 

10.  That  whereas  the  trustees  of  the  college  have  in  their  hands  a 
fund,  the  annual  income  of  which  is  nearly  eighteen  hundred  dollars, 
appropriated  by  the  donors  to  the  education  of  poor  and  pious  youth  for 
the  gospel  ministry  of  the  Presbyterian  denomination,  the  trustees  give 
an  assurance  to  the  Assembly  that  if  the  first  of  these  articles  take  effect 
they  will  pay  a  high  regard  to  the  recommendation  of  the  Assembly  or 
of  their  directors  as  to  the  youth  who  shall  receive  the  benefit  of  this 
fund. 

AsHBEL  Green, 

Richard  Stockton, 

John  Woodhull, 

Committee  of  the  Trustees  of  New  Jersey  College. 

Archibald  Alexander, 
Jacob  J.  Janeway, 
Robert  Ralston, 
John  McDowell, 

Committee  of  the  General  Assembly. 
Princeton,  June  26,  1811.  —1812,  p.  499. 

8.  The  charter. 

An  act  for  incorporating  trustees  of  the  Theological  Seminary  of  the  Pres- 
byterian Church,  at  Princeton,  in  the  State  of  New  Jersey. 

1.  Be  it  enacted  by  tlie  Council  and  General  Assembly  of  this  Slate,  and  it 
is  hereby  enacted  by  the  authority  of  the  same,  That  Andrew  Kirkpatrick, 
Gabriel  H.  Ford,  Samuel  L.  Southard,  Robert  M'Neely,  John  Condict,  of 
Bergen,  Ebenezer  Elmer,  John  Beatty,  Alexander  Henry,  Benjamin  Strong, 
Charles  Ewing,  Samuel  Bayard,  John  Van  Cleve,  Ashbel  Green,  John 
M'Dowell,  David  Comfort,  George  S.  Woodhull,  Isaac  V.  Brown,  Alexander 
M'Cleland,  Jacob  J.  Janeway,  James  Richards  and  Samuel  B.  How  and  their 
successors,  duly  elected  and  appointed  in  manner  as  is  hereinafter  directed,  be 
and  they  are  hereby  made,  declared  and  constituted  a  corporation  and  body 
politic  and  corporate,  in  law  and  in  fact,  to  have  continuance  by  the  name, 
style  and  title  of  "  Trustees  of  the  Theological  Seminary  of  the  Presbyterian 
Church,"  and  by  the  name,  style  and  title  aforesaid,  shall  be  persons  able  and 
capable  in  law  as  well  to  take,  receive  and  hold  all  and  all  manner  of  lands, 
tenements,  rents,  annuities,  franchises  and  other  hereditaments  which  at  any 
time  or  times  heretofore  have  been  granted,  bargained,  sold,  enfeofled,  released, 
devised  or  otherwise  conveyed  for  use  of  the  Theological  Seminary  of  the 
Presbyterian  Church  in  the  United  States  of  America,  located  at  Princeton, 
in  the  State  of  New  Jersey,  or  any  other  person  or  persons,  to  the  use  of  the 
said  seminary,  or  in  trust  for  the  same  ;  and  the  same  lands,  tenements,  rents, 
annuities,  liberties,  franchises,  and  other  hereditaments  are  hereby  vested  and 
established  in  the  said  corporation  and  their  successors  according  to  the 
original  use  and  intent  for  which  such  devises,  gifts  and  grants  were  respec- 
tively made  ;  and  the  said  corporation  and  their  successors  are  hereby  declared 
to  be  seized  and  possessed  of  such  estate  and  estates  therein  as  in  and  by  the 
respective  grants,  bargains,  sales,  enfeoffments,  releases,  devises,  and  other 
conveyances  thereof  is  or  are  declared,  limited  and  expressed  ;  also,  that  the 
said  corporation  and  their  successors  shall  be  capable  and  able  to  purchase, 
have,  receive,  take,  hold  and  enjoy,  in  fee  simple,  or  of  lesser  estate  or  estates, 
any  lands,  tenements,  rents,  annuities,  franchises  and  other  hereditaments  by 
the  gift,  grant,  bargain,  sale,  alienation,  enfeoffment,  release,  confirmation  or 
devise  of  any  person  or  persons,  bodies  politic  and  corporate,  capable  and  able 
to  make  the  same  ;  and  further,  that  the  said  corporation  and  their  successors 
may  take  and  receive  any  sum  or  sums  of  money,  and  any  portion  of  goods 
and  chattels  that  have  been  given  to  and  for  the  use  of  the  Theological  Semi- 
nary at  Princeton,  or  to  the  directors  thereof,  or  to  any  other  person  or  per- 


OF   THE   GENERAL    ASSEMBLY.  433 

Bons,  body  politic  or  corporate,  in  trust  or  for  the  use  of  the  said  seminarj^, 
or  that  hereafter  shall  be  given,  sold,  leased  or  bequeathed  to  the  said  corpo- 
ration by  any  person  or  persons,  bodies  politic  or  corporate,  that  is  able  or 
capable  to  make  a  gift,  sale,  bequest  or  other  disposal  of  the  same  ;  such 
money,  goods  or  chattels  to  be  laid  out  and  disposed  of  for  the  use  and  benefit 
of  the  aifbresaid  corporation  agreeably  to  the  intention  of  the  donors  and 
according  to  the  objects,  articles  and  conditions  of  this  act. 

2.  And  be  it  enacted,  That  no  misnomer  of  the  said  corporation  and  their 

■  successors  shall  defeat  or  annul  any  gift,  grant,  devise  or  bequest  to  or  for  the 

said  corporation;  Frovided,  The  intent  of  the  parly  or  parties  shall  sufficiently 

appear  upon  the  face  of  the  gift,  will,  grant  or  other  writing  whereby   any 

estate  or  interest  was  intended  to  pass  to  or  for  the  said  corporation. 

B.  And  be  it  enacted,  That  the  said  corporation  and  their  successors  shall 
have  full  power  and  authority  to  make,  have  and  use  a  common  seal,  with 
such  device  and  inscription  as  Ihey  shall  think  tit  and  proper,  and  the  same  to 
break,  alter  and  renew  at  their  pleasure. 

4.  And  be  it  enacted.  That  the  said  corporation  and  their  successors,  by  the 
name,  style  and  title  aforesaid,  shall  be  able  and  capable  to  sue  and  be  sued, 
plead  and  be  impleaded,  in  any  court  of  law  or  equity  in  this  State. 

5.  And  be  it  enacted.  That  the  said  corporation  and  their  successors  shall  be 
and  hereby  are  authorized  and  empowered  to  make,  ordain  and  establish  by- 
laws and  ordinances,  and  do  everything  incident  and  needful  for  the  support 
and  due  government  of  the  said  corporation  and  managing  the  funds  and 
revenues  thereof ;  Provided,  The  said  by-laws  be  not  repugnant  to  the  Constitu- 
tion and  laws  of  the  United  States,  to  the  Constitution  and  laws  of  this  State, 
or  to  this  act. 

6.  And  be  it  enacted,  That  the  said  corporation  shall  not,  at  any  time,  con- 
sist of  more  than  one-and-twentj  persons,  twelve  of  whom  shall  at  all  times 
be  laymen  and  citizens  of  this  State,  whereof  the  General  Assembly  of  the 
Presbyterian  Church  in  the  United  States  .may,  at  their  annual  meetings, 
change  one-third,  in  such  manner  as  to  the  said  General  Assembly  shall  seem 
proper  ;  and  the  corporation  aforesaid  shall  have  power  and  authority  to  man- 
age and  dispose  of  all  moneys,  goods,  chattels,  lands,  tenements  and  heredi- 
taments, and  other  estate  whatsoever,  committed  to  their  care  and  trust  by 
the  said  General  Assembly  ;  but  in  cases  where  special  instructions  for  the 
management  and  disposal  thereof  shall  be  given  by  the  said  General  Assembly 
in  writing,  under  the  hand  of  their  clerk,  it  shall  be  the  duty  of  the  said  cor- 
poration to  act  according  to  such  instructions  ;  Proolded,  The  said  instructions 
shall  not  be  repugnant  to  the  Constitution  and  laws  of  the  United  States,  or 
to  the  Constitution  and  laws  of  this  State,  or  to  this  act. 

7.  And  be  it  enacted,  That  seven  members  of  this  corporation,  whereof  the 
president,  or,  in  his  absence,  the  vice-president,  to  be  one,  shall  he  a  sufficient 
number  to  transact  the  business  thereof  and  to  make  by-laws,  rules  and  regu- 
lations ;  Provided,  That  previous  to  any  meeting  of  the  board  or  corporation 
for  such  purposes,  not  appointed  by  adjournment,  ten  days'  notice  shall  be 
previously  given  thereof,  by  the  secretary  or  clerk  of  the  said  corporation,  to 
each  of  the  members  of  the  same  ;  and  the  said  corporation  shall  and  may,  as 
often  as  they  shall  see  proper,  and  according  to  the  rules  by  them  to  be  pre- 
scribed, choose  out  of  their  number  a  president  and  vice-president  and  secre- 
tary, and  shall  have  authority  to  appoint  a  treasurer  and  such  other  officers 
and  servants  as  shall  by  them,  the  said  corporation,  be  deemed  necessary,  to 
which  officers  the  said  corporation  may  assign  such  a  compensation  for  their 
services  and  such  duties  to  be  performed  by  them,  to  continue  in  office  for 
such  time  and  to  be  succeeded  by  others  in  such  way  and  manner  as  the  said 
corporation  shall  direct. 

8.  And  be  it  enacted.  That  all  questions  before  the  said  corporation  shall  be 
decided  by  a  plurality  of  votes,  whereof  each  member  present  shall  have  one, 
except  the  president,  or  vice-president  when  acting  as  president,  who  shall 
have  only  the  casting  vote  and  voice  in  case  of  an  equality  in  the  votes  of  the 
other  members. 

9.  And  be  it  enacted,  That  the  said  corporation  shall  keep  regular  and  fair 
entries  of  their  proceedings,  and  a  just  account  of  their  receipts  and  disburse- 
ments, in  a  book  or  books  to  be  provided  for  that  purpose,  and  shall,  once  in  a 
year,  exhibit  to  the  General  Assembly  of  the  Presbyterian  Church  in  the 
United  States  of  America,  an  exact  state  of  the  accounts  and  funds  of  said 
corporation,  and  also  to  the  Legislature  of  this  State,  every  five  years. 

28 


434  FORM    OF   GOVERNMENT,    CHAP.    XII. 

10.  And  be  it  enacted,  That  the  said  corporation  may  take,  receive,  purchase, 
possess  and  enjoy  messuages,  lands,  tenements,  rents,  annuities  and  other 
hereditaments,  real  and  personal  estate  of  any  amount  ;  Provideil,  That  the 
same  do  not  jdeld  an  annual  income  exceeding  the  sum  of  fifteen  thousand 
dollars. 

11.  Provided,  nevertheless,  and  it  is  hereby  enacted.  That  nothing  herein  con- 
tained shall  prevent  the  Legislature  from  altering,  amending  or  repealing  this 
act,  whenever  in  their  opinion  the  public  good  requires  it. 

Passed  November  15,  182a. 

A  supplement  to  an  act  entitled  "  An  act  for  incorporating  trustees  of  the 
Theological  Seminary  of  the  Presbyterian  Church,  at  Princeton,  in  the 
State  of  New  Jersey." 

Whereas,  by  the  eleventh  section  of  the  act  to  which  this  is  a  supplement, 
the  Legislature  of  this  State  has  retained  the  power  to  alter,  amend  or  repeal 
the  said  act,  whenever  in  their  opinion  the  public  good  requires  it ;  and 
whereas,  the  exercise  of  that  power  may  leave  the  property  which  may  then 
be  vested  in  the  said  corporation  without  proper  trustees  to  manage  and  dis- 
pose ot  the  same  ;  therefore, 

1.  Be  it  enacted  by  the  Council  and  General  Assembly  of  this  State,  and  it  is 
hereby  enacted  by  the  authority  of  the  same.  That  in  case  the  Legislature  of  this 
State  shall,  at  any  time  hereafter,  alter,  amend  or  repeal  the  act  to  which  this  is 
a  supplement,  the  trusteesof  the  said  seminary  for  the  time  being  shall  be,  and 
they  are  hereby  authorized  and  empowered  at  any  time  within  one  year  after 
any  such  alteration,  amendment  or  repeal,  to  convey  all  the  property  belonging 
to  them,  as  trustees  aforesaid,  to  any  number  of  citizens  of  this  State,  not  less 
than  three,  nor  more  than  five,  whom  they  may  select,  their  heirs  and  assigns, 
who  shall  hold  the  said  property  thus  conveyed  to  them,  their  heirs  and 
assigns,  in  trust,  for  the  sole  use  of  said  seminary,  anything'  in  the  said  act  to 
the  contrary  notwithstanding. 

Passed  December  9,  1823. 

A  farther  supplement  to  the  act  entitled  "An  act  for  incorporating  trustees 
of  the  Theological  Seminary  of  the  Presbyterian  Church,  at  Princeton,  in 
the  State  of  New  Jersey,"  approved  the  fifteenth  day  of  November, 
eighteen  hundred  and  twenty-two. 

1.  Be  it  enacted  by  the  Senate  and  General  Assembly  of  the  State  of  New 
Jersey,  That  the  said  "Trustees  of  the  Theological  Seminary  of  the  Presby- 
terian Church"  may  take,  receive,  purchase,  possess  and  enjoy  messuages, 
lands,  tenements,  rents,  annuities  and  other  hereditaments,  real  and  personal 
estate  of  any  amount ;  Provided,  That  the  same  do  not  yield  an  annual  income 
exceeding  the  sum  of  fifty  thousand  dollars. 

2.  And  be  it  enacted.  That  the  tenth  section  of  the  act  to  which  this  is  a  sup- 
plement be  and  the  same  is  hereby  repealed. 

Approved  Febrdary  27,  1866. 

An  act  to  authorize  the  corporations  of  Theological  Seminaries  in  this  State 
to  increase  the  number  of  their  trustees. 

1.  Be  it  enacted  by  the  Senate  and  General  Assembly  of  the  State  of  New 
Jersey,  That  whenever  by  the  charter  of  any  Theological  Seminary  of  this 
State'the  number  of  trustees  thereof  is  limited,  it  shall  be  lawful  for  the  said 
corporation  or  the  trustees  thereof,  to  increase  the  number  of  such  trustees  by 
appointing  at  least  six  additional  trustees,  dividing  them  into  classes  in  the 
same  manner  as  provided  in  such  charter. 

3    And  be  it  enacted,  That  this  act  shall  take  effect  immediately. 

xipproved  April  20,  1876. 

An  act  to  amend  an  act  entitled  "An  act  to  increase  the  number  of  trustees 
in  Theological  Seminaries  in  New  Jersey." 

1.  Be  it  enacted  by  the  Senate  and  General  Assembly  of  the  State  of  New 
Jersey  That  whenever,  by  the  charter  of  any  Theological  Seminary  in  this 
State  the  number  of  trustees  thereof  is  limited,  it  shall  be  lawful  for  the  said 
corporation  or  the  trustees  thereof  to  increase  the  number  of  such  trustees  by 


OF   THE   GENERAL    ASSEMBLY.  435 

appointing  at  least  six  and  not  more  than  twelve  additional  trustees,  dividing 
them  into  classes  in  the  same  manner  as  provided  in  such  charter. 

2.  And  be  it  enacted,  That  this  act  shall  take  effect  immediately. 

Approved  March  2,  1877. 

An  act  to  authorize  corporations  organized  for  religious,  educational  or  benev- 
olent purposes  to  procure  an  increase  of  their  capacity  to  acquire  and 
hold  real  and  personal  property. 

1.  Be  it  enacted  by  the  Senate  and  General  Assembly  of  the  State  of  New 
Jersey,  That  whenever  any  corporation  of  this  State,  incorporated  for  religious, 
educational  or  benevolent  purposes,  shall,  by  its  charter  or  any  supplement 
thereto,  or  otherwise,  be  limited  in  the  amount  or  value  of  real  or  personal 
property  which  it  may  acquire,  have,  hold  and  enjoy  for  the  use  and  purposes 
of  such  corporation,  and  the  board  of  trustees,  directors  or  managers  of  such 
corporation  shall  desire  to  obtain  for  such  corporation  legal  capacity  to  acquire, 
have,  hold,  use  and  enjoy  a  larger  amount  than  that  to  which  it  is  or  shall 
be  so  limited,  that  it  shall  be  lawful  for  such  trustees,  directors  or  managers 
at  any  stated  meeting  of  said  board,  and  from  time  to  time,  to  adopt  by  vote 
of  a  majority  of  the  whole  number  of  such  trustees,  directors  or  managers,  a 
resolution  declaring  their  desire  to  have  the  amount  so  enlarged,  and  stating 
the  amount  to  which  it  is  to  be  so  increased,  and  to  cause  a  copy  of  such  res- 
olution, authenticated  and  verified  as  by  this  act  directed,  to  be  filed  in  the 
office  of  the  secretary  of  State. 

2.  And  be  it  enacted,  Tliat  the  copy  of  the  resolution  authorized  by  the  first 
section  of  this  act  to  be  filed  with  the  secretary  of  State  shall  be  certified  and 
authenticated  under  the  common  seal  of  said  corporation,  and  shall  be  verified 
by  the  oath  of  the  clerk  or  secretary  of  said  corporation  that  tlie  seal  affixed 
to  said  copy  is  the  common  seal  of  said  corporation,  that  the  said  copy  is  a  true 
copy  of  the  original  resolution  as  recorded  on  the  minutes  of  said  board, 
and  that  it  was  passed  as  directed  in  the  first  section  of  this  act. 

3.  And  be  it  enacted.  That  on  filing  said  copy  of  such  resolution  in  the  office 
of  the  secretary  of  State,  it  shall  be  thereafter 'lawful  for  the  said  corporation 
to  take  and  receive  by  gift,  grant,  devise,  bequest  or  purchase,  and  to  have, 
hold  and  enjoy  for  the  uses  and  purposes  of  the  said  corporation  any  real  or 
personal  estate  not  exceeding  the  increased  amount  named  in  said  resolution, 
any  provision  of  the  charter  of  said  corporation,  or  any  supplement  thereto, 
to  the  contrary  notwithstanding. 

4.  And  be  it  enacted,  That  this  act  shall  be  a  public  act  and  shall  take  effect 
immediately. 

Approved  March  27,  1889. 

9.    Answer  of  the  Princeton  Boards  to  the  Assembly,  1895. 

[Note. — See  for  the  opening  paragraphs  of  the  answer,  Minutes,  1895,  p.  152.] 
These  Boards  do  not  understand  that  the  Assembly  expects  or  desires 
absolute  uniformity  in  the  charters  and  administration  of  the  seminaries, 
but  that  what  is  desired  is: 

1.  That  the  property  of  the  seminaries  should  be  absolutely  and  irrev- 
ocably secured  to  the  Presbyterian  Church  and  its  faith  and  government. 

2.  That  the  actual  workings  and  teachings  of  the  seminaries  should  be 
in  true  accord  with  the  Standards  of  our  Church ;  and, 

3.  That  the  Assembly  shall  possess  some  distinct  and  feasible  mode  of 
enforcing  its  control  in  case  of  any  violation  of  duty  by  those  to  whom 
has  been  committed  the  immediate  administration  of  these  sacred  trusts. 

The  directors  and  trustees  of  the  Theological  Seminary  of  the  Presby- 
terian Church  at  Princeton  do  not  antagonize,  but,  on  the  contrary, 
cordially  acquiesce  in,  and  are  in  fullest  sympathy  with,  the  sentiment  of 
the  resolutions  contained  in  the  report  of  the  General  Assembly's 
Committee  of  Conference  with  the  Theological  Seminaries,  made  to  the 
General  Assembly  at  its  session  in  1894,  namely:  That  the  Church 
should  control  the  instruction  given  in  its  theological  seminaries,  and 
that  the  funds  held  for  the  purpose  of  theological  instruction  should  be 


436  FORM  OF  GOVERNMENT,  CHAP.  XII. 

used  ouly  for  such  education  iu  the  doctrines  set  forth  in  the  Standards 
of  tlie  Church. 

I.   As  to  Item  a,  relating  to  the  funds  and  property: 

The  General  Assembly,  in  May,  1811,  adopted  the  "  Plan  of  the 
Theological  Seminary  of  the  Presbyterian  Church  in  the  United  States 
of  America,  located  at  Pi'inceton,  N.  J.,"  which  had  been  reported  to 
it  by  a  Committee  appointed  by  the  previous  Assembly  in  1810. 

In  the  Introduction  to  that  Plan,  it  stated :  ' '  Influenced  by  the  views 
and  considerations  now  recited,  the  General  Assembly,  after  mature 
deliberation,  have  resolved,  in  reliance  on  the  patronage  and  blessing  of 
the  great  Head  of  the  Church,  to  establish  a  new  institution,  consecrated 
solely  to  the  education  of  men  for  the  Gospel  ministry,  to  be  denominated 
*  The  Theological  Seminary  of  the  Presbyterian  Church  in  the  United 
States  of  America.'  And  to  the  intent  that  the  true  design  of  the  founders 
of  this  institution  may  be  known  to  the  public,  both  now  and  in  time  to 
come,  and  especially  that  this  design  may  at  all  times  be  distinctly  viewed 
and  sacredly  regarded,  both  by  the  teachers  and  the  pupils  of  the  semi- 
nary, it  is  judged  proper  to  make  a  summary  and  explicit  statement  of  it. 

"  It  is  to  form  men  for  the  Gospel  ministry  who  shall  truly  believe  and 
cordially  love,  and  therefore  endeavor  to  propagate  and  defend,  in  its 
genuineness,  simplicity  and  fullness,  that  system  of  religious  belief  and 
practice  which  is  set  forth  in  the  Confession  of  Faith,  Catechisms,  and 
Plan  of  Government  and  Discipline  of  the  Presbyterian  Church,  and 
thus  to  perpetuate  and  extend  the  influence  of  true  evangelical  piety  and 
Gospel  order. 

"  It  is  to  provide  for  the  Church  men  who  shall  be  able  to  defend  her 
faith  against  infidels  and  her  doctrines  against  heretics. 

"  It  is  to  preserve  the  unity  of  our  Church  by  educating  her  ministers 
in  an  enlightened  attachment  not  only  to  the  same  doctrines,  but  to  the 
same  plan  of  government." 

After  thus  founding  the  seminary  and  publishing  this  Plan  to  the 
public,  the  General  Assembly  proceeded  to  collect  funds  to  endow  and 
build  the  seminary. 

In  1815,  with  some  of  these  moneys,  it  purchased  the  six  acres  of 
ground  upon  which  the  main  seminary  building  was  erected ;  and  subse- 
quently the  other  buildings,  or  most  of  them,  were  built  thereon.  The 
title  was  held  by  individual  trustees,  for  the  seminary,  as  ordered  by  the 
General  Asseml3ly. 

In  1821  it  directed  a  charter  to  be  obtained  for  the  seminary.  This 
was  procured  in  1822  and  submitted  to  the  General  Assembly  in  1828 
and  was  disapproved  by  it.  An  amendment  was  procured,  and  in  1824 
the  charter  and  amendment  were  submitted  to  and  accepted  by  the 
General  Assembly,  which  at  the  same  session  adopted  rules  as  to  the 
election  by  it  of  the  trustees  of  this  corporation.  It  also  directed  the 
individual  trustees  to  convey  the  real  estate  in  Princeton  to  the  corpora- 
tion, which  was  done. 

This  corporation  was  called  "  Trustees  of  the  Theological  Seminary 
of  the  Presbyterian  Church."  It  was  authorized  to  receive  all  real  and 
personal  estate  given  to  or  acquired  by  it  "  for  use  of  the  Theological 
Seminary  of  the  Presbyterian  Church  in  the  United  States  of  America, 
located  at  Princeton,  in  the  State  of  New  Jersey,  or  any  other  person 
or  persons,  to  the  use  of  the  said  seminary,  or  in  trust  for  the  same." 

The  concluding  paragraphs  of  Section  i  of  the  charter  are:    "  And 


OF   THE    GENERAL   ASSEMBLY.  437 

further,  that  the  said  corporation  and  their  successors  may  take  and 
receive  any  sum  or  sums  of  money,  and  any  portion  of  goods  and  chat- 
tels that  have  been  given  to  and  for  the  use  of  the  Theological  Seminary 
at  Princeton,  or  to  the  directors  thereof,  or  to  any  other  person  or  per- 
sons, body  politic  or  corporate,  in  trust  or  for  the  use  of  the  said  semi- 
nary, or  that  hereafter  shall  be  given,  sold,  leased  or  bequeathed  to  the 
said  corporation  by  any  person  or  persons,  bodies  politic  or  corporate ; 
that  is  able  or  capable  to  make  a  gift,  sale,  bequest  or  other  disposal  of 
the  same ;  such  money,  goods  or  chattels  to  be  laid  out  and  disposed  of 
for  the  use  and  benefit  of  the  aforesaid  corporation  agreeably  to  the 
intention  of  the  donors,  and  according  to  the  objects,  articles  and  condi- 
tions of  this  act." 

Such  objects  clearly  are,  and  forever  must  be  held  to  be,  the  objects  ; 
set  forth  in  the  Introduction  to  the  plan  of  this  seminary.  They  and  I 
they  only  are  the  objects  for  which  the  act  of  incorporation  was  procured, 
at  the  instance  and  desire  of  the  General  Assembly ;  and  with  the  view 
and  for  the  purpose  of  effectually  and  forever  securing  the  funds  of  the 
seminary  for  theological  instruction  according  to  the  Standards  of  our 
Church.  It  is  for  such  purpose,  under  the  terms  of  the  charter  itself, 
all  funds  given  to  this  institution,  without  any  specific  trust  named  by 
the  donor,  must  be  held.  And  to  such  use  and  application  the  courts 
would  certainly  and  strictly  hold  the  trustees. 

By  the  sixth  section,  the  General  Assembly  was  authorized  to  change, 
at  its  annual  meeting,  one-third  of  the  twenty-one  trustees  of  which  the 
corporation  was  to  consist,  "  in  such  manner  as  to  the  said  General  Assem- 
bly shall  seem  proper. ' '  And  the  corporation  was  empowered  to  manage 
and  dispose  of  the  property  "  committed  to  their  care  and  trust  by  the 
said  General  Assembly;  but  in  cases  where  special  instructions  for  the 
management  and  disposal  thereof  shall  be  given  by  the  said  General 
Assembly  in  writing  under  the  hand  of  their  Clerk,  it  shall  be  the  duty 
of  said  corporation  to  act  according  to  such  instructions." 

The  ninth  section  directed  that  the  corporation  should  * '  once  in  a  year 
exhibit  to  the  General  Assembly  of  the  Presbyterian  Church  in  the 
United  States  of  America,  an  exact  state  of  the  accounts  and  funds  of 
said  corporation." 

This  history  has  been  given  in  order  to  show  how  singularly  careful  the 
General  Assembly  and  the  men  who  founded  the  seminary  were,  so  to 
lay  its  foundations  that  then  and  in  all  time  to  come — or,  to  quote  the 
exact  words,  "  now  and  in  time  to  come" — the  "  public"  and  "  the 
teachers  and  the  pupils  of  the  seminary"  might  know  that  it  was 
established  solely  for  the  education  of  men  for  the  Gospel  ministry, 
"  who  shall  truly  believe  and  cordially  love,  and  therefore  endeavor  to 
propagate  and  defend,  in  its  genuineness,  simplicity  and  fullness,  that 
system  of  religious  belief  and  practice  which  is  set  forth  in  the  Confession 
of  Faith,  Catechisms,  and  Plan  of  Government  and  Discipline  of  the 
Presbyterian  Church. ' ' 

As  these  Boards  understand  this  history  and  the  charter  of  the  semi- 
nary, all  the  property  of  every  kind  given  to  the  General  Assembly, 
either  directly  or  to  its  corporation  since  1811,  and  now  held  in  any 
way  for  this  seminary,  is  sacredly  and  absolutely  devoted  to  the  educa- 
tion of  men  for  the  Gospel  ministry,  according  to  the  Standards  of  our  Pres- 
byterian Church;  and  that  no  property  thus  held,  or  that  may  hereafter 
be  given  to  the  seminary,  or  for  it,  can  be  used  for  any  other  purpose. 


438  FORM  OF  GOVERNMENT,  CHAP.  XII. 

This,  also,  we  are  instructed  by  those  learned  in  the  law,  is  their 
opinion  upon  the  subject. 

These  facts  now  recited  are  so  inseparably  interwoven  into  the  history 
of  our  Church  and  of  this  seminary,  and  are  so  susceptible  of  easy 
proof,  that  it  is  not  necessary,  in  the  opinion  of  these  Boards,  to  make 
any  amendment  to  the  charter  of  the  corporation.  Even  if  the  proposed 
amendment  was  inserted  in  the  charter,  it  would  not  make  it  more  effec- 
tive than  it  now  is. 

It  is  respectfully  submitted  that  the  words  used  in  the  Plan  of  this 
seminaiy  and  already  quoted  are  fuller,  stronger  and  more  explicit  for 
the  purposes  sought  to  be  attained  by  the  Assembly  than  those  used  in 
Item  a.  And,  as  they  are  so  ineffaceably  engraved  upon  the  foundation 
stones  of  the  seminary,  it  is  believed  by  these  Boards  that  it  is  unneces- 
sary and  unwise  to  endeavor  to  add  to  them. 

II.  As  to  Item  6,  relating  to  the  election  of  trustees,  directors  or  com- 
missioners : 

In  so  far  as  this  proposed  amendment  relates  to  this  seminary  practi- 
cally the  mode  suggested  is  in  substantial  accordance  with  the  mode  of 
election  now  in  force.  These  Boards  are  distinctly  of  opinion,  and  have 
been  for  many  years,  that  local  Boards  of  Directors  and  Trustees  are  best 
suited  to  the  proper  government  and  control  of  the  educational  and  fiscal 
affairs  of  the  seminaries.  As  at  present  constituted,  the  General  Assem- 
bly can  change  both  Boards  in  the  course  of  a  little  over  one  year. 

III.  As  to  Item  c,  relating  to  the  election  of  professors  in  the  semi- 
nary : 

Virtually  the  amendment  proposed  is  in  accordance  with  the  mode  of 
procedure  now  existing,  with  the  exception  that  in  the  Plan  of  the 
seminary  the  only  limit  to  the  qualifications  of  professors  is  in  Article 
iii,  Sec.  2,  viz. :  "  No  person  shall  be  inducted  into  the  office  of  Profes- 
sor of  Divinity  but  an  ordained  minister  of  the  Gospel." 

If  any  amendment  is  to  be  made  like  that  contemplated,  it  would  seem 
that  c  should  contain  at  least  a  proviso  that  the  directors  should  have 
the  power  to  provide  such  instruction  as  they  may  deem  necessary,  till 
the  next  succeeding  meeting  of  the  General  Assembly. 

IV.  As  to  Item  d,  relating  to  the  mode  of  enforcing  the  views  of  the 
Assembly  in  case  of  a  supposed  violation  of  their  duties  by  the  Board 
of  Directors  or  Trustees: 

This  seminary  is  the  creation  of  the  General  Assembly,  and  it  is  right 
that  it  should  have  a  complete  mode  of  enforcing  its  control  of  the 
Boards  to  whom  has  been  committed  the  actual  management  of  the 
educational  and  financial  affairs  of  the  seminary. 

Should  the  case  arise,  that  the  General  Assembly  was  of  opinion  that 
the  directors  or  trustees  were  not  performing  their  duties  aright,  it  could, 
in  a  short  time,  redress  the  supposed  wrong  by  turning  out  of  office  all 
the  directors  and  trustees.  This  amendment  would  strip  the  Assembly 
of  this  power  and  limit  it  to  an  appeal  to  an  impartial  court  of  justice, 
which  would  decide  as  to  the  alleged  violation  of  duty. 

If  the  Assembly  should  still  be  of  opmion  that  such  an  amendment 
should  be  obtained,  the  Boards  will  endeavor  to  secure  such  action  as  will 
insure  to  the  General  Assembly  the  right  to  be  represented  in  the  courts, 
and  to  enforce  its  proper  control  over  the  seminary  and  its  property. 

The  foregoing  expresses  the  views  of  these  Boards  in  regard  to  the 
proposed  amendments. 


OF    THE    GENERAL    ASSEMBLY.  439 

The  General  Assembly,  however,  has  appointed  the  Committee  of 
Conference,  in  order  to  secure  the  ' '  approval  ' '  and  ' '  consent ' '  of  these 
Boards  to  these  amendments.  This  necessarily  implies  their  hearty 
"approval"  and  "consent."  The  Boards,  therefore,  feel  justified  in 
expressing  most  respectfully  their  judgment,  that,  so  far  as  the  proposed 
amendments  apply  to  this  seminary,  they  are  not  necessaiy,  and  it  is 
better  that  they  should  not  be  made,  and  for  the  following  reasons: 

First. — As  has  already  been  fully  shown,  all  of  the  property  now  held 
by  the  seminary  corporation,  or  that  may  be  hereafter  acquired  by  it  in 
any  way,  is  distinctly  and  ineffaceably  dedicated  to  the  education  of  men 
for  the  Gospel  ministry  who  shall  truly  believe  and  cordially  love  "  in  its 
genuineness,  simplicity  and  fullness,  that  system  of  religious  belief  and 
pi'actice  which  is  set  forth  in  the  Confession  of  Faith,  Catechisms  and 
Plan  of  Government  and  Discipline  of  the  Presbyterian  Church ;' '  and 
can  be  used  for  no  other  purpose. 

This  has  already  been  so  fully  stated  that  no  more  need  be  added. 

Second.  — The  proposed  amendments  as  to  the  election  of  directors  and 
trustees  and  professors  are  substantially  what  now  exist,  and  have  been 
successfully  in  operation  during  the  last  twenty-five   years. 

Third. — As  to  the  control  of  the  General  Assembly  over  both  Boards, 
the  proposed  amendments  lessen  rather  than  increase  the  power  of  the 
Assembly. 

Under  the  Plan  of  the  seminary  as  now  existing,  the  Assembly  can, 
by  a  unanimous  vote  at  any  of  its  sessions,  change  the  plan,  and  abolish 
the  whole  Board  of  Directors,  and  commit  the  educational  control  of 
the  seminary  to  others;  and  if  no  unanimous  vote  can  then  be  procured, 
at  its  next  session  it  can  accomplish  this  result.  This  is  a  more  speedy 
and  efficient  remedy  than  any  court  of  justice  can  supply. 

Fourth. — As  to  the  control  over  the  trustees,  the  Assembly  now  has 
the  power,  in  the  opinion  of  learned  counsel,  to  give  them  special 
instructions  for  the  management  and  disposal  of  the  property  of  the 
seminary,  which  they  are  bound  to  obey,  if  not  repugnant  to  law  oi-  to 
the  provisions  of  any  specific  trust. 

In  addition,  it  can,  at  any  of  its  sessions,  turn  out  one-third  of  the 
number,  and  put  in  an  equal  number  of  its  own  selection,  which  might 
give  the  Assembly  at  once  a  majority  of  the  trustees.  And  if  it  did 
not,  then  at  the  next  annual  meeting  of  the  Assembly  it  could  turn  out 
another  third  and  appoint  others  in  their  places,  and  thus  secure  an 
undoubted  majority  in  but  little  over  a  year.  Thi.s  is  a  more  speedy 
and  effective  remedy  than  any  which  any  coui't  of  justice  could  supply. 

Fifth.  — Should  the  directors  and  trustees  still  refuse  to  obey  the  Assem- 
bly, and  to  give  place  to  the  directors  or  trustees  thus  elected  by  the 
Assembly,  we  believe  that  a  court  of  justice  would  furnish  the  General 
Assembly  a  proper  remedy. 

Lastly. — During  nearly  eighty-four  years  the  General  Assembly  has 
been  in  complete  harmony  with  the  Board  of  Directors.  During  nearly 
seventy-one  years  precisely  the  same  relations  have  existed  between  the 
General  Assembly  and  the  Board  of  Trustees.  There  has  been  no  jar 
with  either  Board.  During  these  eighty  and  more  years,  the  Board  of 
Directors  and  the  Board  of  Trustees,  under  the  wise  supervision  of  the 
General  Assembly,  have  so  managed  the  educational  and  financial  aflfairs 
of  the  seminaiy  that  it  has  wonderfully  prospered;  and  a  great  army  of 
ministers  of  the  Gospel  have  been  educated  and  sent  forth,  all  of  whom, 


440  FORM  OF  GOVERNMENT,  CHAP.  XII. 

with  but  few  exceptions,  have  cordially  loved  and  sincerely  l)elieved 
"  the  system  of  religious  belief  and  practice  which  is  set  forth  in  the 
Confession  of  Faith,  Catechisms,  and  Plan  of  Government  and  Disci- 
pline of  the  Presbyterian  Church." 

In  all  of  these  years  the  professors  and  teachers  in  this  seminary  have 
taught  and  maintained,  faithfully  and  unswervingly,  the  same  beloved 
Standards  of  the  Presbyterian  Church. 

And  at  no  time  in  all  its  history  has  the  fidelity  of  the  seminary,  its 
professors,  teachers,  directors  and  trustees,  to  the  entire  Standards  of 
the  Church  been  more  clear,  absolute  and  pronounced  than  at  this  very 
time.  And  never  before  has  its  list  of  pupils  been  so  great  as  at  the 
present  session. 

Is  it  not  the  wisest  thing  to  do  to  let  the  Plan  and  the  charter — both 
venerable  in  years — stand  untouched  ?  They  have  been  tried  and  have 
not  been  found  wanting. 

For  the  reasons  herein  above  fully  set  forth,  the  trustees  and  directors 
of  Princeton  Theological  Seminary  very  earnestly  express  the  hope  and 
desire  that  the  Committee  of  Conference,  in  making  their  report  to  the 
General  Assembly,  will  concur  with  them  in  the  belief  that  as  to  the 
charter  of  this  seminary  no  further  legislation  is  needed  or  desirable  to 
secure  the  purposes  declared  in  the  Committee's  report,  adopted  by  the 
General  Assembly,  or  to  secure  the  application  of  the  funds  and  prop- 
erty now  held  in  furtherance  of  the  theological  education  contemplated 
by  the  original  founders  of  the  seminary. — 1895,  pp.  153-157. 

10.    Action  of  the  Assembly,  1895. 

The  Committee  recommends  the  Assembly  to  reply  to  Princeton's  offer, 
that  while  respecting  the  judgment  of  the  Boards,  and  not  prepared  to 
say  that  it  is  incorrect,  the  Assembly  is  of  the  opinion  that  in  order  to 
put  the  matter  beyond  all  possible  question,  it  would  be  well  for  the 
Boards  to  do  what  they  express  their  willingness  to  do,  viz. ,  to  endeavor 
to  secure  such  action  as  will  insure  to  the  General  Assembly  the  right  to 
be  represented  in  the  courts,  and  to  enforce  its  proper  control  over  the 
seminary  and  its  property. — 1895,  p.  32. 

11.    Answer  of  the  Princeton  Boards,  1896. 

Resolved,  That  the  two  legislative  bills  prepared  by  the  Joint  Com- 
mittees of  the  Directors  and  Trustees,  touching  the  power  of  the  General 
Assembly  to  appear  and  sue  in  the  courts  of  New  Jersey,  and  to  enforce 
the  civil  rights  of  the  Church,  be  approved  and  be  transmitted  to  the 
General  Assembly's  Committee  of  Conference  for  consideration, — 1896, 

p.  187. 

12.    Action  of  the  Assembly,  1896. 

The  Committee  have  considered  the  two  bills  sent  to  the  Assembly  by 
Princeton  Seminary  in  order  that  the  Assembly  might  decide  which  of 
the  two  bills  submitted  it  prefers.  Of  these  two  bills  the  Committee 
recommend  the  Assembly  to  prefer  the  one  of  three  sections.— 1896,  p. 

122. 

13.    Request  of  the  Princeton  Boards,  1897. 

Resolved,  That  the  Boards  of  the  seminary  very  respectfully  express 
the  hope  that  the  General  Assembly  will  concur  in  the  view  entertained 
by  the  Boards  that  all  that  is  necessary  to  secure  the  control  desired  by 
the  Assembly  over  the  seminary  will  be  fully  attained  by  the  shorter  of 


OF   THE    GENERAL    ASSEMBLY.  441 

the  two  bills  already  submitted  to  the  Assembly  by  the  Boards. — 1897, 
p.  169. 

14.    Action  of  the  Assembly,  1897. 

Princeton  Seminary  again  asks  the  Assembly  to  designate  which  of  the 
two  legislative  bills  submitted  to  the  last  General  Assembly  should  be 
adopted.  This  Assembly  I'efers  the  dii'ectors  to  the  decision  of  tliQ 
Assembly  of  1896,  recorded  on  p.  122  of  the  Minutes,  declaring  prefer- 
ence for  the  short  bill  of  three  sectious  as  printed  in  the  Appendix  of 
the  Minutes  of  the  last  Assembly  on  p.  187,  which  decision  we  recom- 
mend this  Assembly  to  reaffirm. — 1897,  p.  105. 

II.      THE   THEOLOGICAL   SEMINARY    AT   AUBURN. 

[Note. — The  Seminary  at  Auburn  was  founded  in  the  year  1819,  for  the  purpose  of 
training  up  a  ministry  in  what  was  then  known  as  "  The  Western  Country." — 1871, 
p.  579.  Its  charter  is  given  here.  There  is  no  other  printed  Plan.  Tlie  Seminary  is 
under  the  control  of  a  Board  of  Trustees  and  a  Board  of  Commissioners.  The  latter 
is  composed  of  three  members  from  each  Presbytery  of  the  Synods  of  Albany,  Utica, 
Geneva  and  Western  New  York. — 1873,  p.  528.  The  Presbyteries  are  eighteen  in 
number,  and  now  included  in  the  Synod  of  New  York.] 

1.    The  Charter. 

An  act  to  incorporate  the  Presbyterian  Theological  Seminary,  established  by 
the  Synod  of  Geneva,  at  Auburn,  in  the  County  of  Cayuga.  Passed 
April  14,  1820. 

Whereas,  It  has  been  represented  to  this  Legislature,  by  the  Committee  ap- 
pointed by  and  on  behalf  of  the  said  Synod,  that  they  have  established  a  Theo- 
logical Seminary  at  Aubiirn,  in  the  County  of  Cayuga,  for  the  purpose  of  com- 
pleting the  education  of  pious  young  men  for  the  Gospel  ministry,  and  have 
obtained  funds  to  a  considerable  amount ;  and  that  an  act  of  incorporation 
would  better  enable  them  to  obtain  and  manage  the  necessary  funds  for  the 
accomplishment  of  their  benevolent  object.     Therefore  : 

Be  it  enacted  by  the  people  of  the  State  of  New  York,  represented  in  Senate 
and  Assembly,  Tliat  John  Lincklaen,  Glen  Cuyler,  Henry  Davis,  David  Hyde, 
Thaddeus  Edwards,  Henry  M'Neil,  Levi  Parsons,  Benjamin  B.  Stockton,  Dirck 
C.  Lansing,  William  Wisner,  Henry  Axtel,  Ebenezer  Fitch,  David  Higgins, 
Setli  Smith  and  William  Brown  and  their  successors,  to  be  appointed  as  herein- 
afteris  provided,  shall  be  and  herebyare  constituted  a  body  corporate  and  politic 
in  fact  and  in  name,  by  the  name  of  "The  Trustees  of  the  Theological  Semi- 
nary of  Auburn,  in  the  State  of  New  York,"  and  by  that  shall  have  succes- 
sion and  be  in  law  capable  of  suing  and  being  sued,  defending  and  being  de- 
fended, in  all  courts  and  places,  and  in  all  manner  of  action,  suits  and  causes 
whatsoever,  and  may  have  a  common  seal,  and  change  the  same  at  pleasure  ; 
and  by  that  name  and  style  be  capable  in  law  of  taking,  purchasing,  holding 
and  conveying,  both  in  law  and  equity,  any  estate,  real  or  personal  ;  Pro- 
vided nevertheless,  That  the  clear  annual  value  or  income  of  their  real  estate 
shall  not  exceed  three  thousand  dollars,  and  that  of  their  personal  estate  seven 
thousand  dollars. 

And  be  it  further  enacted.  That  there  shall  forever  hereafter  be  fifteen 
Trustees  of  the  said  corporation,  who  shall  be  divided  into  three  classes,  to  be 
numbered  one,  two  and  three.  The  places  of  the  first  class  shall  become 
vacant  on  the  first  Wednesday  of  September,  in  the  year  eighteen  hundred 
and  twenty-one  ;  the  places  of  the  second  class  in  one  year  thereafter,  and  the 
places  of  the  third  class  in  one  year  from  that  time ;  and  the  vacancies  in  the 
said  several  classes  occasioned  by  the  expiration  of  the  time  of  service  as 
aforesaid,  or  by  resignation,  death  or  otherwise,  shall  be  from  time  to  time  filled 
up  in  the  manner  hereinafter  mentioned  and  provided. 

And  be  it  further  enacted.  That  the  said  trustees  and  their  successors  shall 
have  the  immediate  care  of  the  said  seminary  and  the  management  of  the 
estate,  both  real  and  personal,  of  the  said  institution,  and  shall  have  power  to 
sell  and  otherwise  dispose  of  the  same,  for  the  purpose  of  benefiting  the  funds 
of  the  said  institution,  and  of  applying  the  avails  of  those  funds  from  time  to 
time  to  the  purposes  of  the  said  institution,  in  such  way  and  manner  only,  and 
in  such  sums  as  shall  be  appointed  and  directed  b}^  the  Board  of  Commission- 
ers hereinafter  mentioned,  and  shall  have  power  to  make  necessary  by-laws 


442  FORM  OF  GOVERNMENT,  CHAP.  XII. 

and  ordinances  for  the  management  of  the  said  seminary  ;  Provided,  That  the 
same  be  not  inconsistent  with  the  laws  or  Constitution  of  this  State  or  of  the 
United  States.  And  further,  it  shall  be  the  duty  of  the  said  trustees  to  keep  a 
record  and  make  an  annual  report  to  the  said  Board  of  Commissioners,  of  their 
doings,  of  the  state  of  their  funds  and  of  the  names  of  those  whose  term  of  ser- 
vice is  about  to  expire,  and  of  such  other  matters  as  they  shall  think  proper, 
and  also  to  report  the  state  of  their  funds  to  the  Legislature  as  often  as  they  shall 
be  thereunto  required.  Provided,  however.  That  no  student  of  any  Christian 
denomination  shall  be  excluded  from  a  participation  in  the  privileges  of  this 
institution  on  the  ground  of  his  religious  persuasion. 

And  be  it  further  enacted,  That  the  aforesaid  John  Lincklaen,  Glen  Cuyler, 
Henry  Davis,  David  Hyde,  Thaddeus  Edwards,  Henry  M'Neil,  Levi  Parsons, 
Benjamin  B.  Stockton,  Dirck  C.  Lansing,  William  Wisner,  Henry  Axtel, 
Ebenezer  Fitch,  David  Higgins,  Seth  Smith  and  William  Brown  be  the  first 
trustees  of  the  said  corporation,  and  that  they  shall  hold  their  first  meeting  at 
Lynch's  Inn,  in  the  village  of  Auburn,  on  the  second  Wednesday  of  July 
next,  when  they  shall  proceed  to  divide  themselves  by  lot  into  three  classes, 
as  aforesaid ;  and 

Whereas,  The  said  Committee,  on  behalf  of  the  said  Synod,  have  further 
represented  that  there  are  other  Presbyteries  within  the  State  of  New  York, 
not  connected  with  the  said  Synod,  who  are  disposed  to  associate  with  them 
for  the  purpose  of  aiding  in  the  accomplishment  of  the  aforesaid  benevolent 
object ;  therefoi-e. 

Be  it  further  enacted.  That  a  representation,  annually  to  be  chosen,  of  two 
clergymen  and  one  layman  from  each  of  the  following  Presbyteries  (and 
such  other  Presbyteries  as  shall  hereafter  associate  with  the  said  Synod  for  the 
purpose  aforesaid),  to  wit  :  The  Presbyteries  of  Niagara,  Genesee,  Rochester, 
Bath,  Ontario,  Geneva,  Cayuga,  Onondaga,  Oneida  and  St.  Lawrence,  shall 
compose  a  Board  of  Commissioners,  who  shall  have  the  general  superintend- 
ence, management  and  control  of  the  aforesaid  institution  ;  and  who  shall 
have  authority  to  fill  the  places  of  the  aforesaid  trustees  as  they  shall  become 
vacant ;  to  appoint  the  tutors,  professors  and  other  officers  of  the  said  institu- 
tion ;  to  fix  and  determine  the  salary  and  other  compensation  of  the  said  otfl- 
cers  ;  to  authorize  and  direct  all  such  appropriations  of  their  funds  as  they 
shall  think  proper  ;  to  make  by-laws  and  regulations  for  themselves  ;  to  choose 
their  own  president  and  other  officers  and  to  determine  what  number  of  their 
Board  shall  form  a  quorum  for  doing  business. 

And  be  it  further  enacted,  That  tlie  first  meeting  of  the  said  Board  of  Com- 
missioners shall  be  holden  at  Lynch's  Inn,  in  the  village  of  Auburn,  on  tlie 
second  Wednesday  of  July  next,  at  two  o'clock  in  the  afternoon,  and  that  the 
said  Board  of  Commissioners  shall  meet  afterwards  on  their  own  adjourn- 
ment. 

And  be  it  further  enacted.  That  in  case  the  funds  of  the  aforesaid  institution 
shall  at  any  time  hereafter  be  applied  to  any  purpose  other  than  what  is 
hereby  expressed  or  intended,  then  and  in  that  case  all  the  privileges  and 
powers  hereby  granted  shall  cease  and  be  utterly  void. 

And  be  it  further  enacted,  That  this  act  shall  be  and  hereby  is  declared  to 
be  a  public  act,  and  that  the  same  shall  be  construed  benignly  and  favorably 
for  every  beneficial  purpose  hereby  intended  ;  nor  shall  any  non-user  of  the 
privileges  hereby  granted  to  the  said  corporation  create  or  produce  any  for- 
feiture of  the  same ;  and  no  misnomer  of  the  said  corporation  in  any  deed, 
will,  testament,  gift,  grant,  demise  or  other  instrument,  contract  or  convey- 
ance, shall  defeat  or  vitiate  the  same.  Provided,  The  said  corporation  shall 
be  sufficiently  described  to  ascertain  the  intention  of  the  parties. 

And  be  it  further  enacted,  That  the  Legislature  may  at  any  time  hereafter 
amend,  modify,  or  repeal  this  act. 

Amendment. 

An  act  to  amend  the  act  entitled,  "An  act  to  incorporate  the  Presbyterian 
Theological  Seminary,  established  by  the  Synod  of  Geneva,  at  Auburn,  in 
the  County  of  Cayuga,"  passed  April  fourteenth,  eighteen  hundred  and 
twenty.     Passed  March  thirteenth,  eighteen  hundred  and  fifty-seven. 

The  people  of  the  State  of  New  York,  represented  in  Senate  and  Assembly, 
do  enact  as  follows  : 
Section  1.  Section  five  of  said  act  is  amended^o  as  to  read  as  follows  : 


OF   THE    GENERAL   ASSEMBLY.  443- 

Sec.  5.  A  representation  of  two  clergymen  and  one  layman  from  each  of  the 
Presbyteries  comprised  in  the  bounds  of  the  Synods  of  Geneva,  Genesee,  Utica 
and  Susquehanna,  and  such  other  Presbyteries  as  shall  hereafter  associate  with 
said  Synods,  for  the  purposes  aforesaid,  shall  compose  a  Board  of  Commission- 
ers, who  shall  have  the  general  superintendence,  management  and  control  of 
the  aforesaid  institution,  and  who  shall  have  authority  to  fill  the  places  of  the 
aforesaid  trustees  as  they  shall  become  vacant ;  to  appoint  tutors,  professors 
and  other  officers  of  the  said  institution  ;  to  fix  and  determine,  with  the  con- 
currence of  the  Board  of  Trustees,  the  salaries  and  other  compensation  of  said 
officers,  and  with  the  like  concurrence,  make  all  other  necessary  appropria- 
tions of  their  funds  ;  to  make  by-laws  and  regulations  for  themselves  ;  to 
choose  their  own  president  and  other  officers  of  their  Board,  and  to  determine 
what  number  of  their  Board  shall  form  a  quorum  for  doing  business  ;  the  said 
commissioners  first  chosen  by  each  Presbytery,  after  this  act  shall  take  effect, 
shall  be  divided  into  three  classes  at  the  next  annual  meeting,  and  shall  be 
numbered  one,  two  and  three  ;  the  first  class  shall  hold  their  offices  for  one 
year,  the  second  class  for  two  years,  and  the  third  class  for  three  years  from 
the  time  of  their  respective  elections  ;  and  those  to  be  thereafter  chosen  to  fill 
the  vacancies  shall  hold  their  offices  for  three  years.  Should  vacancies  occur 
by  removal,  resignation  or  death,  the  same  may  be  filled  by  the  Presbyteries  in 
which  they  occur. 

Sec.  2.  Real  and  personal  property  may  be  granted  and  conveyed,  devised 
and  bequeathed  to  the  said  institution,  to  beheld  in  trust  for  the  uses  and  pur- 
poses contemplated  by  the  Act  hereby  amended,  provided  that  the  clear  an- 
nual income  of  their  real  estate  shall  not  exceed  twenty  thousand  dollars,  and 
that  of  their  personal  estate  forty  thousand  dollars. 

Sec.  3.  This  act  shall  take  effect  immediately,  and  the  Legislature  may  at 
any  time  alter,  amend  or  repeal  the  same. 

State  of  New  York,  \ 
Secretary's  Office.  ) 

I  have  compared  the  preceding  with  the  original  law  on  file  in  this  office, 
and  do  hereby  certify  the  same  to  be  a  correct  transcript  therefrom  and  of  the 
whole  of  said  original  law. 

Given  under  my  hand  and  seal  of  office,  at  the  city  of 
Albany,  the  twenty-ninth  day  of  May,  in  the  year  one 
thousand  eight  hundred  and  fifty -seven. 

A.  N.  Wakefield, 
Deputy  Secretary  of  State,  pro  tern. 

2.  Action  of  the  trustees  and  commissioners  of  Auburn  Theological 

Seminary,  1871. 

At  the  annual  meeting  of  the  trustees  and  commissioners  of  the  theo- 
logical seminary  at  Auburn,  May  11,  1871,  it  was 

Resolved,  That  the  Boards  of  commissioners  and  trustees  of  the  Auburn 
Theological  Seminary  are  anxious  to  comply  with  the  proposal  of  the  last 
General  Assembly  to  submit  the  election  of  professors  in  this  institution 
to  the  concurrence  of  that  body,  and  that  a  joint  Committee  be  appointed 
to  consider  whether  the  proposal  of  the  General  Assembly  can  be  com- 
plied with  without  a  change  of  the  chai'ter  of  this  seminary ;  and  if  in 
the  judgment  of  this  Committee  such  a  change  in  the  charter  is  neces- 
sary, the  Prudential  Committee  is  hereby  authorized  to  apply  to  the 
coming  Legislature  in  the  name  of  these  two  Boards  to  make  it. 

They  further  intimate  that  one  of  the  embarrassments  in  their  action 
was  that  no  time  was  fixed  for  the  action  of  the  General  Assembly  in  the 
exercise  of  their  proposed  veto  power. — 1871,  p.  579. 

3.    The  Assembly  to  approve  professors. 

The  commissioners  and  trustees,  at  their  annual  meeting  in  May,  1873, 
took  final  action,  declaring,  "That,  hereafter,  the  appointments  of  pro- 
fessors in  this  seminary  be  primarily  made  conditional  upon  the  approval 


444  FORM  OF  GOVERNMENT,  CHAP.  XII. 

of  the  General  Assembly  of  the  Presbyterian  Church  in  the  United 
States,  and  that  such  appointments  be  complete  and  authoritative  only  upon 
securing  such  approval;"  and  the  Assembly  of  1873  recognized  this 
action. — See  Minutes,  p.  529  ;  1874,  p.  104. 

4.    Answer  of  the  Auburn  Boards,  1895. 

The  Board  of  Commissioners  of  the  Theological  Seminary  of  Auburn, 
in  the  State  of  New  York,  being  met  in  their  annual  session  on  this  9th 
day  of  May,  1895,  express  their  gratification  that  several  members  of 
the  General  Assembly's  Committee  of  Conference  with  tlie  Theological 
Seminaries  have  accepted  the  invitation  to  meet  and  confer  with  them 
at  this  time.  The  commissioners  have  listened  with  interest  and  pleasure 
to  the  explanations  given  by  these  gentlemen  of  the  various  changes  in 
the  charters  and  methods  of  control  of  the  theological  seminaries 
recommended  by  the  Assembly  of  1894;  and  express  the  sincere  trust 
that  this  cordial  conference,  with  its  frank  interchange  of  opinion,  has 
resulted  in  a  better  mutual  understanding  of  both  the  views  and  purposes 
of  the  Assembly,  and  of  the  peculiar  and  advantageous  position  occupied 
by  this  seminary. 

Tlie  Board  desires  to  remind  the  Committee  of  Conference,  and 
through  them  the  General  Assembly,  that  the  Theological  Seminary  of 
Auburn  is,  by  its  charter,  under  the  direct  and  efficient  control  of  eigh- 
teen adjacent  Presbyteries  within  the  State  of  New  York.  With  these 
Presbyteries  rests  the  absolute  and  exclusive  right  to  elect  from  their 
own  number  the  members  of  this  Board  of  Commissioners,  by  whom  in 
turn  the  trustees  and  professors  of  the  seminary  are  selected. 

This  constitutes  a  method  of  direct  ecclesiastical  control  by  which  this 
seminary  Avas  already,  within  the  meaning  of  Article  ix,  of  the  concur- 
rent declarations  of  1868  of  the  Reunion  compact,  under  Synodical 
supervision;  and  which,  we  believe,  must  afford  a  more  effective  safe- 
guard against  any  possible  perversion  of  funds  or  franchises  than  restraint 
by  the  General  Assembly  could  possibly  secure.  This  method  has  also 
approved  and  commended  itself  by  its  successful  and  harmonious  opera- 
tion for  three-quarters  of  a  century. 

In  view  of  these  facts,  whereby  the  charter  and  government  of 
Auburn  Theological  Seminary  seem  already  to  secure  all  these  substantial 
ends  desired  by  the  Genei'al  Assembly,  and  in  view  also  of  the  difficul- 
ties and  dangers  unavoidably  attendant  upon  any  attempt  to  modify  a 
venerable  charter,  this  Board  is  constrained  to  reaffirm  its  judgment,  as 
expressed  in  November  last,  that  it  is  inexpedient  to  take  any  action 
which  may  have  in  view  any  changes  in  the  charter,  relations  or  methods 
of  control  of  this  seminary. 

I  am  directed  by  the  trustees  of  Auburn  Theological  Seminary  to 
transmit  the  following  resolution,  which  was  unanimously  adopted  at 
our  annual  meeting.  May  9 : 

Resolved,  That  it  is  the  sense  of  this  Board  that  it  is  not  expedient  to 
consent  to  any  change  in  the  custody  and  care  of  the  funds  of  this  insti- 
tution, or  in  the  mode  of  the  election  of  members  of  this  Board. — 1895, 
pp.  158,  159. 

5.    Action  of  the  Assembly,  1895. 

[Note.— See  No.  11,  p.  419,  this  Digest.'] 


OF    THE   GENERAL   ASSEMBLY.  445 

6.    Answer  of  the  Auburn  Boards,  1896. 

In  view  of  your  instructions  that  ' '  effort  should  be  continued  to  secure 
the  adoption,  in  substance,  of  the  Assembly's  plan  by  all  the  seminaries," 
and  that  you  "  shall  fully  consider  No.  9  of  the  Concurrent  Declara- 
tions of  the  Reunion  Compact, ' '  we  make  the  following  historical  state- 
ment : 

After  the  opening  of  Princeton  Theological  Seminary  in  1812  the 
Presbyteries  of  Central  and  Western  New  York  gave  to  that  seminary 
their  loyal  support,  sending  both  students  and  money.  A  great  need 
was  felt,  however,  of  a  theological  school  in  this  portion  of  the  Church. 
This  need  became  manifest  after  the  founding  of  the  Western  Education 
Society  in  1817  to  aid  students  for  the  ministry.  Accordingly,  in  1818, 
a  resolution  was  adopted  by  the  Presbytery  of  Cayuga,  favoring  the 
establishment  of  a  theological  seminary  within  the  bounds  of  the  Synod 
of  Geneva.  An  overture  to  the  Synod  brought  the  matter  before  that 
body  in  February,  1818.  After  long  deliberation  the  Synod  voted  to 
take  steps  preparatory  to  the  establishment  of  a  seminary.  A  Committee 
was  appointed  to  secure  the  approval  of  the  General  Assembly.  The 
General  Assembly,  sitting  in  Philadelphia  in  May,  1818,  repUed  that 
' '  they  were  not  prepared  to  give  any  opinion  or  advice  on  the  overture, 
believing  that  the  said  Synod  are  the  best  judges  of  what  may  be  their 
duty  in  this  important  business. ' ' 

At  its  next  meeting  the  Synod  voted  to  establish  a  theological  semi- 
nary. Auburn  was  chosen  as  the  site.  A  charter  was  prepared,  and, 
after  approval  by  the  Synod,  was  passed  by  the  Legislature  of  New  York 
State  on  the  14th  of  April,  1820.  Under  the  provisions  of  that  charter 
the  governing  Boards  of  the  seminary  were  organized,  endowments 
secured,  buildings  erected,  professors  appointed,  and  at  length,  in 
October,  1821,  students  were  received  and  the  woi-k  of  teaching  was 
begun.  In  1857  the  charter  was  amended  in  a  few  particulars,  but  in 
no  wise  changed  as  to  its  fundamental  principles. 

The  charter  of  Auburn  creates  no  self-perpetuating  Board  of  Control. 
Auburn  Seminary  has  no  autonomy.  Its  founders  were  intent  on 
making  it  organically  a  part  of  the  Presbyterian  Church.  Their  plan, 
set  in  order  by  the  Synod  and  Avith  full  permission  of  the  General  Assem- 
bly, was  yet  wholly  Presbyterial.  The  charter  provides  that  the  govern- 
ment of  the  seminary  shall  be  vested  in  a  board  of  fifty -four  commis- 
sioners (chosen  three  each  from  eighteen  Presbyteries),  "  who  shall 
have  the  general  superintendence,  management  and  control  of  the 
aforesaid  institution,  and  who  shall  have  authority  to  fill  the  places  of 
the  aforesaid  trustees,  as  they  shall  become  vacant;  to  appoint  tutors, 
professors  and  other  officei's  of  the  said  institution ;  to  fix  and  determine, 
with  the  concurrence  of  the  Board  of  Trustees,  the  salaries  and  other 
compensation  of  said  officers,  and,  with  the  like  concurrence,  make  all 
other  necessary  appropriations  of  their  funds;  to  make  by-laws  and 
regulations  for  themselves;  to  choose  their  own  president  and  other 
officers  of  their  Board,  and  to  determine  what  number  of  their  Board 
shall  form  a  quorum  for  doing  business. ' '  A  Board  of  fifteen  Trustees  is 
elected  (five  each  year)  by  the  Board  of  Commissioners,  to  act  as  the 
})ody  corporate  and  to  manage  the  estate  of  the  seminary. 

The  supreme  control  of  the  seminary  is  thus  entirely  in  the  hands  of 
the  Board  of  Commissioners.     This  Board  is  composed  of  two  ministers 


446  ,  FORM  OF  GOVERNMENT,  CHAP.  XII. 

and  one  layman  from  each  of  the  eighteen  Presbyteries.  As  elders  are 
the  only  laymen  having  seats  in  the  Presbyteries,  it  has  followed  that  the 
Board  of  Commissioners  is  composed  of  thirty-six  ministers  and  eighteen 
elders,  who  have  all,  in  their  ordination  as  ministers  and  elders,  solemnly 
declared  their  adherence  to  the  doctrines  and  constitution  of  the  Presby- 
terian Chui'ch  in  the  United  States  of  America.  Moreover,  the  power 
of  their  election  rests  back  on  the  eighteen  Presbyteries,  which  are  com- 
posed of  636  ministers  and  their  associated  elders,  rej)resenting  96,546 
members  of  the  Presbyterian  Church.  May  not  that  number  of  Pres- 
byterians in  good  standing,  being  more  than  one-tenth  of  the  total 
communicants  of  the  Church,  be  trusted  to  manage  aright  the  affairs  of 
a  theological  seminary  ? 

It  is  readily  seen  from  the  above  account  that  the  charter  of 
Auburn  Seminary  is  a  simple  device  whereby  the  Presbyterian  Church 
itself  holds  the  funds  and  controls  the  teaching  of  the  seminaiy. 
It  provides,  not  simply  for  a  correction  of  abuses  if  such  should 
arise  (which  is  the  principal  virtue  of  the  Assembly's  plan  you 
were  appointed  to  further),  but  for  a  direct  and  constant  exercise  of 
supreme  authority  through  regularly  constituted  Presbyteries  over  all  the 
affairs  of  the  seminary.  It  makes  Auburn  Seminary  as  much  a  part  of 
the  Presbyterian  Church  as  a  branch  is  a  part  of  the  vine  whose  life  it 
shares. 

Under  this  charter  the  government  of  Auburn  Seminary  has  been 
administered  for  seventy-six  years,  during  which  the  history  of  our 
Church  has  been  eventful  and  varied.  The  seminary  has,  of  course, 
shared  the  fate  of  its  governing  Presbyteries.  When  they  wese 
exscinded,  it  was  exscinded;  when  they  joined  in  the  Reunion,  the 
seminary  came  in  along  with  them,  and  was  acknowledged  as  a  trustwor- 
thy Presbyterian  institution.  Concurrent  Declaration  No.  9  of  the 
Reunion  Compact  covers  Auburn's  case.     It  is  as  follows: 

"  In  order  to  a  uniform  system  of  ecclesiastical  super^'ision,  those 
theological  seminaries  that  are  now  under  Assembly  control  may,  if  their 
Boards  of  Direction  so  elect,  be  transferred  to  the  watch  and  care  of 
one  or  more  of  the  adjacent  Synods;  and  the  other  seminaries  are 
advised  to  introduce  as  far  as  may  be,  into  their  Constitutions,  the 
principle  of  Synodical  or  Assembly  supervision;  in  which  case  they  shall 
be  entitled  to  an  official  recognition  and  approbation  on  the  part  of  the 
General  Assembly." 

We  regard  this  as  the  seal  of  the  Church"' s  api^roval  upon  the  govern- 
ment of  our  seminary. 

To  press  upon  Auburn  the  Assembly's  plan  is  plainly  contrary  to  the 
provisions  of  this  Declaration,  for  according  to  the  Assembly's  plan  the 
final  control  of  the  funds  and  teaching  of  every  seminary  which  adopts 
it  will  be  vested  in  the  General  Assembly,  which,  as  far  as  any  such 
seminary  is  concerned,  is  made  a  legal  entity  with  power  to  sue  and 
enforce  its  rights.  This  we  regard  as  subversive  of  the  Auburn  princi- 
ple of  government  by  Presbyteries. 

The  efficiency  of  Auburn's  government  has  been  proven  by  three- 
quarters  of  a  century  of  successful  operation.  It  has  besides  served  to 
bind  the  seminary  very  closely  to  the  churches  of  Northern  and  Western 
New  York,  arousing  their  interest  in  the  seminary's  Avork,  calling  out 
their  prayers  in  its  behalf  and  encouraging  a  generous  financial  support. 
In  times  of  theological  differences,  Auburn  Seminary  has  been  in  some 


OF    THE   GENERAL    ASSEMBLY,  447 

measure  relieved  of  annoyance.  No  one  is  authorized  to  define  its  posi- 
tion. It  has  no  position  of  its  own,  save  as  it  is  identified  with  the  Pres- 
byteries which  absolutely  control  its  policy. 

Never  has  the  government  of  Auburn  ever  proved  itself  more  flexible 
and  efficient  than  in  this  present  time  when  the  Avoi'k  of  the  seminary  is 
greatly  expanding.  In  view  of  all  these  considerations  we  most  warmly 
and  enthusiastically  hold  to  our  present  charter,  as  attaining,  more  fully 
than  does  the  Assembly's  plan,  the  worthy  object  for  which  your  Com- 
mittee was  originally  appointed,  and  which  was  reaffirmed  in  your 
instructions  by  the  Assembly  of  1895,  viz.  :  "  That  the  Assembly  is 
persuaded  that  the  Church  should  have  direct  connection  with  and  control 
over  its  theological  seminaries." 

In  conclusion,  we,  the  Board  of  Commissioners,  express  our  firm 
conviction  that  Auburn  Seminary  ought  to  be  continued  under  its  present 
form  of  government,  which  was  devised  and  instituted  wdth  the  full 
knowledge  and  permission  of  the  General  Assembly,  which,  being  Pres- 
byterial,  has  accorded  well  with  the  spirit  and  methods  of  the  Presby- 
terian Church  through  seventy-six  years  of  successful  administration, 
and  which  is  distinctly  recognized  and  commended  in  Concurrent  Decla- 
ration No.  9  of  the  Reunion  Compact  referred  to  in  your  instructions. — 
1896,  pp.  189,  190. 

7.    Action  of  the  Assembly,  1896. 

The  Committee  of  Conference  with  the  Theological  Seminaries  also 
reported  in  reference  to  the  scope  and  effect  of  Concurrent  Resolution  No. 
9,  of  the  Assemblies  of  1869,  including  an  answer  to  a  communication 
from  Auburn  Seminary.     The  report  was  adopted  and  is  as  follows : 

The  General  Assembly  of  1895  instructed  its  Committee  on  Theological 
Seminaries  by  the  following  resolution: 

"  That  this  Committee  be  instructed  that  in  the  prosecution  of  its 
work,  and  in  its  rejDort  to  the  next  General  Assembly,  it  shall  fully  con- 
sider No.  9  of  the  Concurrent  Declarations  of  the  Reunion  Compact  in 
relation  to  those  seminaries  now  under  Synodical  and  Presbyterial 
control. ' ' 

No.  9  of  the  Concurrent  Declarations  here  referred  to  was  adopted  by 
the  General  Assembly  of  1869,  and  is  in  the  following  words: 

"  In  order  to  a  uniform  system  of  ecclesiastical  supervision,  those  theo- 
logical seminaries  that  are  now  under  Assembly  control  may,  if  their 
Boards  of  Directors  so  elect,  be  transferred  to  the  watch  and  care  of  one 
or  more  of  the  adjacent  Synods ;  and  the  other  seminaries  are  advised  to 
introduce,  as  far  as  may  be,  into  their  constitutions,  the  principle  of 
Synodical  or  Assembly  supervision ;  in  which  case  they  shall  be  entitled 
to  an  official  recognition  and  approbation  on  the  part  of  the  General 
Assembly." 

Declaration  No.  9  sets  forth  (1)  a  principle,  viz.,  a  uniform  system 
of  ecclesiastical  supervision  of  the  seminaries,  (2)  methods  of  securing 
such  supervision  by  Synod  or  Assembly,  and  (3)  the  offer  of  official 
recognition  and  approbation  on  the  part  of  the  General  Assembly. 

It  was  found  that  while  all  of  the  seminaries  approved  of  the  principle 
of  uniform  supervision,  most  of  them  disapproved  of  the  method  of 
direct  Assembly  control  by  which  the  Assembly  elected  the  professors, 
and  no  seminary  approved  of  Synodical  supervision.  The  next  year 
Union  Seminary  suggested  a  method  which  has  since  been  known  as  the 


448  FORM  OF  GOVERNMENT,  CHAP.  XII. 

Compact  of  1870.  This  is  the  method  of  giving  the  Assembly  the  veto 
powei',  and  was  acceptable  to  all  of  the  seminaries.  All  went  well  until 
it  was  found  that  the  Assembly  could  not  make  its  veto  power  effective. 

Then  the  Assembly  was  compelled  in  righteousness  and  self-defense  to 
say  to  all  of  the  seminaries  that  it  was  necessary  to  put  the  Compact  of 
1870  into  legal  form,  so  that,  in  the  event  of  any  seminary  refusing  to 
be  bound  by  the  veto  of  the  Assembly,  such  veto  could  be  enforced. 

The  answer  of  Auburn  Seminary  made  to  this  Assembly  seems  to  your 
Committee  to  be  in  error  in  two  points :  ( 1 )  In  supposing  that  the  intent 
or  effect  of  the  Assembly's  recommendations  is  to  vest  in  the  Assembly 
the  final  control  of  the  funds  of  our  seminaries.  This  is  replied  to  in  the 
main  report  of  this  Committee.  (2)  In  affirming  that  the  "  Presbyterial 
relation  of  Auburn  Seminary  is  distinctly  recognized  and  commended  in 
Concurrent  Declaration  No.  9."  That  declaration  sets  forth  Synodical 
or  Assembly  supervision  and  not  Presbyterial.  Auburn  Seminary  never 
amended  its  charter  so  as  to  come  under  the  supervision  of  any  Synod. 
The  Presbytei'ies  which  elected  the  Commissioners  of  Auburn  Seminary 
constituted  the  Synod  of  Geneva,  but  the  Synod,  as  such,  never  had  any 
relation  to,  much  less  supervision  of,  Auburn  Seminary.  The  Assembly 
heartily  recognizes  the  fact  that  the  history  of  Auburn  Seminary  puts  it 
into  a  difi'erent  situation  from  that  of  some  of  the  other  seminaries.  It  is 
in  the  control  of  eighteen  Presbyteries,  but  the  only  relation  existing 
between  the  Assembly  and  the  seminary  is  a  resolution  of  its  Board 
giving  the  right  of  approval  to  the  election  of  its  professors.  The  Assem- 
bly has  found  that  a  simple  resolution  of  a  seminary  Board  may  become 
invalid  by  subsequent  action  of  that  Board  and  thus  be  of  no  effect. 
While  there  is  not  now  and  never  has  been  any  difference  of  judgment 
between  the  Assembly  and  the  Auburn  Board,  yet  the  Assembly  desires 
to  know  if  there  should  arise  a  difference  of  judgment  which  judgment 
should  prevail  ?  We  believe  that  those  who  at  present  have  charge  of 
Auburn  Seminary  would  reply  that  the  judgment  of  the  Assembly  should 
prevail.  As  the  General  Assembly  has  no  assurance  that  a  subsequent 
Board  would  not  feel  at  liberty  to  disregard  the  Assembly's  judgment, 
the  Assembly  asks  Auburn  Seminary  that  the  agreement  which  now 
exists  under  the  form  of  a  simple  resolution  be  made  legally  effective  and 
binding.— 1896,  pp.  124,  125. 

8.    Answer  of  the  Auburn  Boards,  1897. 

Resolved,  That  the  following  reply  be  sent  to  the  General  Assembly  of 
1897,  in  view  of  the  instructions  voted  by  the  General  Assembly  of 
1896,  to  the  Boards  of  Control  of  Theological  Seminaries: 

Having  duly  considered  the  recommendations  of  the  last  General 
Assembly,  regarding  the  safeguarding  of  the  funds  and  teaching  in 
the  several  theological  seminaries,  we,  the  Board  of  Commissioners  of 
Auburn  Theological  Seminary,  are  happy  to  announce  that  another  suc- 
cessful year  of  seminary  administration  has  confirmed  us  in  the  truth  of 
our  statement  made  to  the  Assembly  of  1896: 

' '  The  control  of  Auburn  Seminary,  at  first  exercised  by  the  Synod  of 
Geneva,  through  its  ten  Presbyteries,  and  later  by  the  Sjmods  of  Geneva, 
Genesee,  Utica  and  Susquehanna,  through  their  eighteen  Presbyteries, 
and  now  through. those  same  eighteen  Presbyteries,  forming  a  part  of  the 
great  Svnod  of  New  York,  and  which  we  believe  is  referred  to  in 
resolution  No.  9  of   the  Reunion  Compact,  is  so  sure,  so  flexible,   so 


OF    THE    GENERAL    ASSEMBLY.  449 

thoroughly  Presbyterian,  and  has  been  administered  with  so  remarkable 
success  during  seventy-six  years,  that  we  can  devise  no  changes,  which, 
in  our  judgment,  will  enable  the  Church  to  have  a  more  effective  control 
of  our  seminary." 

We,  therefore,  with  great  pleasure,  assure  you  of  our  fulfillment  of 
the  instruction  of  the  General  Assembly  of  1896  to  the  Boards  of  con- 
trol of  the  various  seminaries,  viz.:  "  That  they  may  see  their  way  clear 
to  come  to  such  a  conclusion,  that  all  the  funds  and  property  in  their 
hands,  and  the  teaching  in  said  seminaries,  may  be  so  completely  safe- 
guarded to  the  Church,  that  benevolent  persons  contemplating  making 
gifts  or  bequests  to  these  institutions  may  have  the  fullest  confidence  in 
the  future  security  of  said  gifts  or  bequests. ' ' 

Adopted  May  6,  1897. 

A  true  copy  of  the  original  on  file. 

[1897,  p.  107.]  Frederick  W.  Palmer,  Stated  Clerk 

9.    Action  of  the  Assembly,  1897. 

[Note.— See  No.  13,  p.  421,  this  Digest.]  ' 

III.   WESTERN  THEOLOGICAL  SEMINARY  AT  ALLEGHENY,  PA. 

[Note. — For  the  history  of  its  founding,  etc.,  see  Baird's  Digest,  1858,  pp.  411-117, 
and  Moore's  Digest,  1886,  pp.  387-389  ;  also  pp.  393-395.] 

1.  The  Plan  of  the  Western  Seminary. 
Article  I.      Of  the   General  Assembly. 

1.  As  this  institution  derives  its  origin  from  the  General  Assembly, 
that  body  is  to  be  considered  its  patron  and  the  fountain  of  its  powers. 

2.  The  Board  of  Directors  shall  have  the  immediate  control  of  the 
seminary. 

3.  The  General  Assembly  shall,  at  all  times,  have  the  power  of  adding 
to  the  Constitutional  articles  of  the  seminary,  and  of  abrogating,  alter- 
ing or  amending  them ;  but,  in  the  exercise  of  this  power,  the  contem- 
plated additions,  abrogations,  alterations  or  amendments,  shall,  in  every 
case,  be  proposed  at  one  Assembly,  and  not  adopted  till  the  Assembly 
of  the  subsequent  year,  except  by  unanimous  vote. 

Article  IT.      Of  the  Board  of  Directors. 

1 .  The  Board  of  Directors  shall  consist  of  forty  members,  twenty -eight 
ministers  and  twelve  ruling  elders ;  one-fourth  to  be  chosen  annually,  and 
shall  have  power  to  fill  any  vacancies  which  may  hereafter  occur  in 
the  body,  subject  always,  however,  to  the  veto  of  the  General  Assembly, 
the  election  to  be  (by  ballot)  at  the  regular  spring  meeting. 

2.  The  Board  of  Directors  shall  have  power  to  elect  the  professors, 
and  to  remove  them  from  office,  such  election  and  removal  to  be  subject 
to  the  veto  of  the  General  Assembly.  The  said  Board  shall  also  have 
power  to  suspend  temporarily  a  professor  preliminary  to  and  pending  an 
investigation  of  charges  against  his  life  or  doctrine. 

3.  The  Board  of  Directors  shall  meet  statedly  twice  in  each  year,  once 
in  the  spring  and  once  in  the  fall,  and  oftener  on  their  own  adjourn- 
ments, if  they  shall  judge  it  expedient.  Eleven  members  of  the  Board 
shall  be  a  quorum;  Provided,  alivays,  That  of  this  number,  five,  at 
least,  be  ministers  of  the  Gospel, 

4.  The  Board  shall  choose  out  of  their  own  number,  a  president,  vice- 

1'9 


450  FOKM  OF  GOVERNMENT,  CHAP.  XII. 

president  and  secretary.     In  the  absence  of  the  president  and  vice-presi- 
dent, the  senior  member  present  shall  preside. 

5.  The  president  of  the  Board,  or  in  the  event  of  his  death,  absence, 
or  inability  to  act,  the  vice-president  shall,  at  the  request  of  any  three 
members,  expressed  to  him  in  writing,  call  a  special  meeting  of  the 
Board  of  Directors  by  a  circular  letter  addressed  to  each;  in  which  letter 
notice  shall  be  given,  not  only  of  the  place  and  time  of  meeting,  but  of 
the  business  intended  to  be  transacted  at  the  meeting  notified;  and  this 
letter  shall  be  sent  at  least  ten  days  before  the  time  of  said  meeting. 

6.  The  secretary  of  the  Board  shall  keep  accurate  records  of  all  the 
proceedings  of  the  directors;  and  it  shall  be  his  duty  to  lay  these 
records,  or  a  faithful  transcript  of  the  same,  before  the  General  Assem- 
bly, when  required,  for  the  unrestrained  inspection  of  all  the  members. 

7.  The  Board  shall  direct  the  professors  of  the  seminary,  in  regard  to 
the  subjects  and  topics  on  which  they  are  severally  to  give  instructions 
to  the  pupils,  so  far  as  the  same  shall  not  be  prescribed  by  this  plan. 

8.  It  shall  be  the  duty  of  the  Board  of  Directors  to  inaugurate  the 
professors  of  the  seminary,  and  to  direct  what  forms  shall  be  used,  and 
what  services  performed,  on  such  occasions. 

9.  Every  director,  previously  to  his  taking  his  seat  as  a  member  of 
the  Board,  shall  solemnly  subscribe  the  following  formula,  viz.:  "Ap- 
proving the  plan  of  the  Western  Theological  Seminary  of  the  Presby- 
terian Church  in  the  United  States  of  America,  I  solemnly  declare  and 
promise,  in  the  presence  of  God  and  of  this  Board,  that  I  will  faithfully 
endeavor  to  carry  into  effect  all  the  articles  and  provisions  of  said  plan, 
and  to  promote  the  great  design  of  the  seminary." 

10.  The  Board  of  Directors  shall  inspect  the  fidelity  of  the  professors, 
especially  in  regard  to  the  doctrines  actually  taught;  and  if,  after  due 
inquiry  and  examination,  they  shall  judge  that  any  professor  is  either 
unsound  in  the  faith,  opposed  to  the  fundamental  principles  of  Presby- 
terian Church  government,  immoral  in  his  conduct,  unfaithful  to  his  trust, 
or  incompetent  to  the  discharge  of  his  duties,  they  shall  forthwith 
remove  him,  and  appoint  another  in  his  place. 

11.  It  shall  be  the  duty  of  the  Board  of  Directors  to  watch  over  the 
conduct  of  the  students;  to  redress  grievances;  to  examine  into  the  whole 
course  of  instruction  and  study  in  the  seminary,  and  generally  to  super- 
intend and  endeavor  to  promote  all  its  interests. 

Article  HI.      Of  the  Professors. 

1.  The  number  of  the  professors  in  the  seminary  shall  be  increased  or 
diminished  as  the  Board  of  Directors  shall,  from  time  to  time,  direct. 

2.  No  person  shall  be  inducted  into  the  office  of  professor  of  divinity 
but  an  ordained  minister  of  the  Gospel. 

3.  Every  person  elected  to  a  professorship  in  the  seminary  shall,  upon 
being  inaugurated,  solemnly  subscribe  the  Confession  of  Faith,  Cate- 
chisms and  Form  of  Government  of  the  Presbyterian  Church,  agreeably 
to  the  following  formula,  viz. :  "  In  the  presence  of  God  and  of  the 
directors  of  this  seminary,  I  do  solemnly  and  ex  animo  adopt,  receive 
and  subscribe  the  Confession  of  Faith  and  Catechisms  of  the  Presby- 
terian Church  in  the  United  States  of  America,  as  the  confession  of 
ray  faith,  or  as  a  summary  and  just  exhibition  of  that  system  of  doctrine 
and  religious  belief  which  is  contained  in  Holy  Scripture,  and  therein 
revealed  by  God  to  man  for  his  salvation;  and  I  do  solemnly  ex  animo 


OF   THE   GENERAL   ASSEMBLY.  451 

profess  to  receive  the  Form  of  Government  of  said  Church,  as  agreeable 
to  the  inspired  oracles.  And  I  do  solemnly  promise  and  engage,  not  to 
inculcate,  teach  or  insinuate  anything  which  shall  appear  to  me  to  con- 
tradict or  contravene,  either  directly  or  impHedly,  anything  taught  in  the 
said  Confession  of  Faith  or  Catechisms;  nor  to  opj)ose  any  of  the 
fundamental  principles  of  Presbyterian  Church  govermnent  while  I  shall 
continue  a  professor  in  this  seminary. ' ' 

4.  The  salaries  of  the  professors  shall  be  fixed  by  the  Board  of  Directors. 

5.  Each  professor  shall  lay  before  the  Board  of  Directors,  as  soon  as 
practicable  after  his  appointment,  a  detailed  exhibition  of  the  system 
and  method  which  he  proposes  to  pursue,  and  the  subjects  which  he 
proposes  to  discuss  in  conducting  the  studies  of  the  youth  that  shall 
come  under  his  care;  and  in  this  system  he  shall  make  such  alterations 
or  additions  as  the  Board  shall  direct,  so  that  eventually  the  whole  course 
through  which  the  pupils  shall  be  carried,  shall  be  no  other  than  that 
which  the  Board  of  Directoi's  shall  have  approved  and  sanctioned  con- 
formably to  Art.  II,  Sec.  7.  And  as  often  as  any  professor  shall  think 
that  variations  and  additions  of  importance  may  be  advantageously 
introduced  into  his  course  of  teaching,  he  shall  submit  the  same  to  the 
Board  of  Directors  for  approbation  or  rejection. 

6.  Any  professor  intending  to  resign  his  office,  shall  give  six  months' 
notice  of  such  intention  to  the  Board  of  Directors. 

7.  The  professors  of  the  institution  shall  be  considered  as  a  faculty. 
They  shall  meet  at  such  seasons  as  they  may  judge  proper.  In  every 
meeting  the  senior  professor  present  shall  preside.  The  faculty  shall 
choose  a  clerk,  and  keep  accurate  records  of  all  their  proceedings,  which 
records  shall  be  laid  before  the  directors  at  every  meeting  of  the  Board. 
The  president  of  the  faculty,  ^.  e.,  the  senior  professor,  shall  call  a  meet- 
ing whenever  he  shall  judge  it  expedient,  and  whenever  requested  by  any 
other  member.  By  the  faculty,  regularly  convened,  shall  be  determined 
the  hours  and  seasons  at  which  the  classes  shall  attend  the  professors 
severally,  so  as  to  prevent  interference  and  confusion,  and  to  afford  to 
the  pupils  the  best  opportunities  of  improvement.  The  faculty  shall 
attend  to  and  decide  on  all  cases  of  discipline,  and  all  questions  of  order, 
as  they  shall  arise.  They  shall  agree  on  the  rules  of  order,  decorum  and 
duty  (not  inconsistent  with  any  provision  in  the  plan  of  the  seminary, 
nor  with  any  order  of  the  Board  of  Directors),  to  which  the  students 
shall  be  subjected,  and  these  they  shall  reduce  to  writing,  and  cause  to 
be  publicly  and  frequently  read.  They  shall  determine  the  hours  at 
which  the  whole  of  the  pupils  shall,  morning  and  evening,  attend  for 
social  worship ;  and  the  manner  in  which,  and  the  person  or  persons  of 
their  own  number  by  whom,  the  exercises  of  devotion  shall  be  con- 
ducted. 

8.  The  faculty  is  empowered  to  dismiss  from  the  seminary  any  student 
who  shall  prove  unsound  in  his  religious  sentiments,  immoral  or  disor- 
derly in  his  conduct,  or  who  may  be,  in  their  opinion,  on  any  account 
whatsoever,  a  dangerous,  or  unprofitable  member  of  the  institution. 

9.  It  shall  be  the  duty  of  the  professors,  under  the  direction  of  the 
Board  of  Directors,  to  supply  the  pupils  of  the  institution  with  the 
preaching  of  the  Gospel,  and  the  administration  of  the  sacraments  of 
the  Christian  Church ;  if  this  supply  shall  not,  in  the  judgment  of  the 
directors,  be  satisfactorily  furnished  by  a  church  or  churches  in  the  place 
where  the  institution  is  established. 


452  FORM    OF   GOVEPvNMENT,    CHAP.    XII. 

Article  IV.      Of  Study  and  Attainments. 

As  the  particular  course  of  study  pursued  in  any  institution  will,  and 
perhaps  ought  to,  be  modified  in  a  considerable  degree,  by  the  views 
and  habits  of  the  teachers,  and  ought,  moreover,  to  be  varied,  altered 
or  extended,  as  experience  may  suggest  improvements,  it  is  judged  proper 
to  specify,  not  so  precisely  the  course  of  study  as  the  attainments  which 
must  be  made.     Therefore, 

1.  Every  student,  at  the  close  of  his  course,  must  have  made  the 
following  attainments,  viz. :  He  must  be  well  skilled  in  the  original 
languages  of  the  Holy  Scriptures.  He  must  be  able  to  explain  the  prin- 
cipal difficulties  which  arise  in  the  perusal  of  the  Scriptures,  either  from 
erroneous  translations,  apparent  inconsistencies,  real  obscurities  or 
objections  arising  from  history,  reason  or  argument.  He  must  be  versed 
in  Jewish  and  Christian  antiquities,  which  serve  to  explain  and  illustrate 
Scripture.  He  must  have  an  acquaintance  with  ancient  geography,  and 
with  Oriental  customs,  which  throw  light  on  the  sacred  records.  Thus 
he  will  have  laid  the  foundation  for  becoming  a  sound  Biblical  critic. 

He  must  have  read  and  digested  the  principal  arguments  and  writings 
relative  to  what  has  been  called  the  deistical  controversy.  Thus  will  he 
be  qualified  to  become  a  defender  of  the  Christian  faith. 

He  must  be  able  to  support  the  doctrines  of  the  Confession  of  Faith 
and  Catechisms,  by  a  ready,  pertinent  and  abundant  quotation  of  Scrip- 
ture texts  for  that  purpose.  He  must  have  studied  carefully  and  correct- 
ly, natural,  didactic,  polemic  and  casuistic  theology.  He  must  have  a 
considerable  acquaintance  with  general  history  and  chronology,  and  a 
particular  acquaintance  with  the  history  of  the  Christian  Church.  Thus 
he  will  be  preparing  to  become  an  able  and  sound  divine  and  casuist. 

He  must  have  read  a  considerable  number  of  the  best  practical  writers 
on  the  subject  of  religion.  He  must  have  learned  to  compose  with 
correctness  and  readiness  in  his  own  language,  and  to  deliver  what  he 
has  composed  to  others  in  a  natural  and  acceptable  manner.  He  must 
be  well  acquainted  with  the  several  parts,  and  the  proper  structure  of 
popular  lectures  and  sermons.  He  must  have  composed  at  least  two 
lectures  and  four  popular  sermons,  that  shall  have  been  approved  by  the 
professors.  He  must  have  carefully  studied  the  duties  of  the  pastoral 
care.  Thus  he  will  be  prepared  to  become  a  useful  preacher  and  a 
faithful  pastor. 

He  must  have  studied  attentively  the  form  of  Church  government 
authorized  by  the  Scriptures,  and  the  administration  of  it  as  it  has  taken 
place  in  Protestant  Churches.  Thus  he  will  be  qualified  to  exercise 
discipline,  and  to  take  part  in  the  government  of  the  Church  in  all  its 
judicatories. 

2.  The  period  of  continuance  in  the  theological  seminary  shall,  in  uo 
case,  be  less  than  three  years,  previously  to  an  examination  for  a  certifi- 
cate of  approbation.  But  students  may  enter  the  seminary,  and  enjoy 
the  course  of  instruction  for  a  shorter  time  than  three  years;  Provided, 
They  in  all  other  respects  submit  to  the  laws  of  the  seminary,  of  which 
facts  they  may  receive  a  written  declaration  from  the  professors. 

3.  There  shall  be  an  examination  of  all  the  pupils  in  the  seminary  at 
every  stated  spring  meeting  of  the  Board  of  Directors.  These  pupils, 
who  shall  have  regularly  and  diligently  studied  for  tliree  yeai's,  shall  be 
admitted  to  an  examination  on  the  subjects  specified  in  this  article.     All 


OF    THE   GENERAL    ASSEMBLY.  453 

examinations  shall  be  conducted  by  the  professors,  in  the  presence  of  the 
directoi-s,  or  a  committee  of  them.  Every  director  pi'esent  shall  be  at 
liberty,  during  the  progress  of  any  examination,  or  after  the  same  shall 
have  been  closed  by  the  professors,  to  put  to  any  pupil  such  questions  as 
he  shall  deem  proper.  Every  pupil  who  shall  have  passed  his  final 
examination,  and  at  least  one  previous  annual  examination,  to  the  satis- 
faction of  the  directors  present,  shall  receive  a  certificate  of  the  same, 
signed  by  the  professors,  with  which  he  shall  be  remitted  to  the  Pres- 
bytery under  whose  care  he  is  placed,  to  be  disposed  of  as  such  Presby- 
tery shall  direct.  Those  who  do  not  pass  a  satisfactory  examination 
shall  remain  a  longer  space  in  the  seminary. 

4.  It  shall  be  the  object  of  the  professors  to  make  such  arrangements 
in  the  instruction  of  their  pupils  as  shall  be  best  adapted  to  enable  them 
in  the  space  of  three  years  to  be  examined  with  advantage  on  the 
subjects  specified  in  this  article. 

Article   V.      Of  Devotion  and  Improvement  in  Practical  Piety. 

It  ought  to  be  considered  as  an  object  of  primary  importance  by  every 
student  in  the  seminary,  to  be  careful  and  vigilant  not  to  lose  that 
inward  sense  of  the  power  of  godliness  which  he  may  have  attained ;  but, 
on  the  contrary,  to  grow  continually  in  a  spirit  of  enlightened  devotion 
and  fervent  piety;  deeply  impressed  with  the  recollection  that  without 
this,  all  his  other  acquisitions  will  be  comparatively  of  little  worth,  either 
to  himself  or  to  the  Church  of  which  he  is  to  be  a  minister. 

He  must  remember,  too,  that  this  is  a  species  of  improvement  which 
must  of  necessity  be  left,  in  a  great  measure,  with  himself,  as  a  concern 
between  God  and  his  own  soul. 

It  is  proper,  however,  to  delineate  the  path  of  duty,  to  express  the 
wishes  and  expectations  of  the  founders  of  the  seminary,  and  to  make 
such  requirements  as  the  nature  of  the  subject  will  permit.     Hence : 

1.  It  is  expected  that  every  student  in  the  theological  seminary  will 
spend  a  portion  of  time  every  morning  and  evening  in  devout  medita- 
tion and  self-recollection  and  examination ;  in  reading  the  Holy  Scrip- 
tures, solely  with  a  view  to  a  personal  and  practical  application  of  the 
passage  read,  to  his  own  heart,  character  and  circumstances;  and  in 
humble  fervent  prayer  and  praise  to  God  in  secret. 

The  whole  of  every  Lord' s  day  is  to  be  devoted  to  devotional  exercises, 
either  of  a  social  or  secret  kind.  Intellectual  pursuits,  not  immediately 
connected  with  devotion  or  the  religion  of  the  heart,  ai'e  on  that  day  to 
be  foreborne.  The  books  to  be  read  are  to  be  of  a  practical  nature. 
The  conversations  had  with  each  other  are  to  be  chiefly  on  religious 
subjects.  Associations  for  prayer  and  praise,  and  for  religious  conference, 
calculated  to  promote  a  growth  in  grace,  are  also  proper  for  this  day; 
subject  to  such  regulations  as  the  professors  and  directors  may  see  proper 
to  prescribe.  It  is  wished  and  recommended,  that  each  student  should 
ordinarily  set  apart  one  day  in  each  month  for  special  prayer  and  self- 
examination  in  secret  and  also  that  he  should,  on  suitable  occasions, 
attend  to  the  duty  of  fasting. 

2.  If  any  student  shall  exhibit  in  his  general  deportment,  a  levity  or 
indifference  in  regard  to  practical  religion,  though  it  do  not  amount  to 
any  overt  act  of  irreligion  or  immorality,  it  shall  be  the  duty  of  the 
professor  who  may  observe  it,  to  admonish  him  tenderly  and  faithfully  in 


454  FORM  OF  GOVERNMENT,  CHAP.  XII. 

private,  and  endeavor  to  engage  him  to  a  more  holy  temper,  and  a  more 
exemplary  deportment. 

3.  If  a  student,  after  due  admonition,  persist  in  a  system  of  conduct 
not  exemplary  in  regard  to  religion,  he  shall  be  dismissed  from  the 
seminary. 

4.  The  professors  are  particularly  charged,  by  all  the  proper  means  in 
their  power,  to  encourage,  cherish  and  promote  devotion  and  personal 
piety  among  their  pupils,  by  warning  and  guarding  them,  on  the  one 
hand,  against  formality  and  indifference,  and  on  the  other,  against  osten- 
tation and  enthusiasm ;  by  inculcating  practical  religion  in  their  lectures 
and  recitations;  by  taking  suitable  occasions  to  converse  with  their  pupils 
privately  on  this  interesting  subject;  and  by  all  other  means,  incapable 
of  being  minutely  specified,  by  which  they  may  foster  true  experimental 
reUgiou,  and  unresers^ed  devoteduess  to  God. 

Article  VI.      Of  the  Students. 

1.  Every  student  applying  for  admission  to  the  theological  seminary 
shall  produce  satisfactory  testimonials  that  he  possesses  good  natural 
talents,  and  is  of  a  prudent  and  discreet  deportment;  that  he  is  in  full 
communion  with  some  regular  church;  that  he  has  passed  through  a 
regular  course  of  academical  study,  or,  wanting  this,  he  shall  submit 
himself  to  an  examination  in  regard  to  the  branches  of  literature  taught 
in  such  a  course. 

2.  The  first  six  months  of  every  student  in  the  seminary  shall  be 
considered  as  probationary ;  and  if,  at  the  end  of  this  period,  any  student 
shall  appear  to  the  professors  not  qualified  to  proceed  in  his  studies,  they 
shall  so  report  him  to  the  Board  of  Directors,  who,  if  they  are  of  the 
same  opinion  with  the  professors,  shall  dismiss  him  from  the  seminary. 

3.  The  hours  of  study  and  of  recreation  for  the  students  shall  be  fixed 
by  the  professors,  with  the  concurrence  of  the  directors,  and  every 
student  shall  pay  a  strict  regard  to  the  rules  established  relative  to  this 
subject. 

4.  Every  student  shall  be  obliged  to  write  on  such  theological  and  other 
subjects  as  may  be  prescribed  to  him  by  the  professors.  In  the  first 
year,  every  student  shall  be  obliged  to  produce  a  written  composition  on 
such  subjects  at  least  once  in  every  month ;  in  the  second  year,  once  in 
three  weeks ;  in  the  third  year,  once  in  two  weeks.  Once  a  month  each 
student  shall  also  commit  to  memory  a  piece  of  his  own  composition,  and 
pronounce  it  in  public,  before  the  professors  and  students. 

5.  Every  student  shall  not  only  preserve  an  exemplary  moral  charac- 
ter, but  shall  be  expected  to  treat  his  teachers  with  the  greatest  deference 
and  respect,  and  aU  other  persons  with  civility. 

6.  Every  student  shall  yield  a  prompt  and  ready  obedience  to  all  the 
lawful  requisitions  of  the  professors  and  directors. 

7.  Diligence  and  industry  in  study  shall  be  considered  as  indispensable 
in  every  student,  unless  the  want  of  health  shall  prevent,  of  which  the 
professors  shall  take  cognizance,  and  make  the  suitable  allowance. 

8.  Strict  temperance  in  meat  and  drink  is  expected  of  every  student, 
with  cleanliness  and  neatness  in  his  dress  and  habits;  Avhile  all  excessive 
expense  in  clothing  is  strictly  prohibited. 

9.  Every  student,  before  he  takes  his  standing  in  the  seminary,  shall 
subscribe  the  following  declaration,  viz.:  "Deeply  impressed  with  a 
sense  of  the  importance  of  improving  in  knowledge,  prudence  and  piety. 


OF    THE    GENERAL    ASSEMBLY.  455 

in  my  preparation  for  the  Gospel  ministry,  I  solemnly  promise,  in  a 
reliance  on  divine  grace,  that  I  will  faithfully  and  diligently  attend  to 
all  the  instructions  of  this  seminary,  and  that  I  will  conscientiously  and 
vigilantly  observe  all  the  rules  and  regulations  specified  in  the  plan  for 
its  instruction  and  government,  so  far  as  the  same  relate  to  the  students ; 
and  that  I  will  obey  all  the  lawful  requisitions,  and  readily  yield  to  all 
the  wholesome  admonitions  of  the  professors  and  directors  of  the 
seminary,  while  I  shall  continue  a  member  of  it." 

10.  The  term  of  study  in  the  seminary  shall  commence  on  the  second 
Monday  in  September,  annually,  and  continue  till  Wednesday  before 
the  fourth  Tuesday  in  April  of  the  following  year. 

Article   VII.      Of  the  Funds.  . 

1.  The  Board  of  Directors  are  authorized  to  exercise  all  the  control  of 
the  funds  belonging  to  this  institution,  hitherto  exercised  by  the  General 
Assembly,  as  far  as  this  can  be  done  consistently  with  the  will  of  the 
testators  and  donors;  such  as  fixing  the  salary  of  the  professors, 
regulating  the  amount  required  for  endowment  of  scholarships  or  profes- 
sorships, and  keeping  sacred  and  distinct  the  different  funds  already 
created,  or  to  be  hereafter  created,  for  the  specific  objects  for  which  they 
are  given. 

2.  All  matters  relating  to  the  finances  except  fixing  the  salaries  of 
professors,  the  extent  of  endowment,  and  the  aid  of  students,  shall  be, 
by  the  Board  of  Directors,  submitted  to  the  trustees  of  the  seminary  for 
their  approval. 

3.  Fair  and  full  statements  shall  be  annually  presented  to  the  Assem- 
bly, by  the  Board  of  Directors  or  by  the  trustees,  of  the  amount  of 
funds  belonging  to  the  seminary,  of  the  items  which  constitute  that 
amount,  and  of  the  receipts  and  expenditures  in  detail  for  the  preceding 
year. 

4.  The  intention  and  directions  of  testators  or  donors,  in  regard  to 
moneys  or  other  property  left,  or  given  to  the  seminary,  shall,  at  all 
times,  be  sacredly  regarded.  And  if  any  individual  or  any  number  of 
individuals,  not  greater  than  three,  shall  by  will,  or  during  his  or  their 
lives,  found  or  endow  a  professorship  or  professoi'ships,  a  scholarship  or 
scholarships,  or  a  fund  or  funds,  destined  to  special  purposes,  said  pro- 
fessorships, scholarships  or  funds  shall  forever  afterwards  be  called  and 
known  by  the  name  or  names  of  those  who  founded  or  endowed  them, 
unless  otherwise  directed.  And  if  any  congregation,  Presbytery,  Synod 
or  association,  shall  found  a  professorship  or  professorships,  scholarship 
or  scholarships,  or  a  fund  or  funds,  said  professorship  or  professorships, 
or  scholarship  or  scholarships,  fund  or  funds,  shall  forever  afterwards 
be  called  or  known  by  such  name  as  the  body  founding  them  shall 
give.* 

5.  After  supporting  the  professors,  and  defraying  the  other  necessary 
charges  of  the  seminary,  the  funds  shall  be  applied,  as  far  as  circum- 
stances will  admit,  to  defray  or  diminish  the  expenses  of  those  students 
who  may  need  pecuniary  aid,  as  well  as  to  lessen,  generally,  the  expense 
of  a  residence  at  the  seminary. 

*  The  sum  necessary  to  endow  a  professorship  is  not  less  than  $25,000 ;  and  to  endow 
a  scholarsliip  not  less  than  $3000.  These  sums,  however,  taking  things  at  their 
present  value,  are  quite  too  small.  New  action  is  hence  called  for  on  this  subject. — 
Publishing  Committee. 


456  FORM  OF  GOVERNMENT,  CHAP,  XII. 

Article   VIII.      Of  the  Board  of  Trustees. 

1.  The  Board  of  Trustees  of  the  Western  Theological  Seminary,  as 
incorporated  by  the  Legislature  of  the  State  of  Pennsylvania,  consists  of 
thirty  members,  to  be  elected  by  the  General  Assembly  when  meeting 
in  the  State  of  Pennsylvania,  and  no  more  than  one-third  to  be  changed 
in  any  one  year. 

2.  To  the  trustees  is  committed  the  custody  and  disbursement  of  the 
funds  of  the  institution  for  the  purposes  for  wliich  they  were  appro- 
priated by  the  donors,  or  according  to  the  plan  of  the  seminary. 

3.  The  Board  of  Trustees  shall  meet  twice  in  each  year  (in  April  and 
in  November),  at  such  time  and  place  as  may  be  designated,  and  oftener 
on  their  own  adjournment,  or  on  the  call  of  the  president. 

4.  The  officers  of  the  Board  shall  consist  of  a  president,  vice-presi- 
dent, secretary  and  treasurer,  to  be  chosen  annually,  at  the  spring  meeting 
of  the  Board,  and  to  continue  in  office  until  their  successors  are  elected. 

2.  The  Charter  of  the  Western  Seminary. 

No.  116. 

An  act  incorporating  the  Trustees  of  the  Western  Theological  Seminary  of 
the  Presbyterian  Church  in  the  United  States  of  America,  at  the  City  of 
Allegheny,  in  the  State  of  Pennsylvania. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
Commonwealth  of  Pennsylvania  in  General  Assembly  met,  and  it  is  hereby 
enacted  by  the  authorit}-  of  the  same,  That  David  McConaughy,  A.  O.  Patter- 
son, Robert  Dnnlap,  A.  D.  Campbell,  N.  Gillett,  James  Culbertson,  Absalom 
McCready,  Robert  Johnson,  William  Jeftrey,  C.  C.  Beatty,  Samuel  McFar- 
ren,  Loyal  Young,  Geo.  Marshall,  Algernon  McMaster,  Alexander  Laughlin, 
Francis  G.  Bailey,  Thos.  Kiddoo,  Harmar  Denny,  Alexander  Seraple,  Malcom 
Leech,  Francis  Herron,  E.  P.  Swift,  Matthevv  Brown,  W.  B.  Mcllvaine,  John 
Stockton,  Ebenezer  Graham,  Jas.  Alexander,  Robert  Wray,  Benjamin  Wil- 
liams and  Frederick  Lorenz,  and  their  successors  duly  elected  and  appointed 
in  the  manner  as  is  hereinafter  directed,  be  and  they  are  hereby  made,  de- 
clared, and  constituted  a  corporation  and  body  politic  and  corporate  in  law 
and  in  fact,  to  have  continuance  forever,  by  the  name,  style  and  title  of  "  The 
Trustees  of  the  Western  Theological  Seminary  of  the  Presbyterian  Church  ia  the 
United  States  of  Ainevien"  and  by  the  name,  style  and  title  aforesaid  shall 
forever  hereafter  be  persons  able  and  capable  in  law,  as  well  to  take,  receive 
and  hold  all  and  all  manner  of  lands,  tenements,  rents,  annuities,  reversions, 
franchises,  and  other  hereditaments  whatsoever,  which  at  any  time  or  times 
heretofore  have  been  granted,  bargained,  sold,  enfeofted,  released,  devised  or 
otherwise  conveyed  or  veeted  for  the  use  of  the  Western  Theological  Semi- 
nary of  the  Presbyterian  Church  in  the  United  States  of  America,  located  at 
the  City  of  Allegheny,  State  of  Pennsylvania,  in  or  to  any  other  person  or 
persons,  to  the  use  of  said  seminary,  or  in  trust  for  the  same,  by  this  Common- 
wealth, or  by  any  person  or  persons  whomsoever ;  and  the  same  lands,  tene- 
ments, rents,  annuities,  reversions,  liberties,  franchises,  and  other  heredita- 
ments, are  hereby  vested  and  established  in  said  corporation  forever,  accord- 
ing to  the  original  use  and  intent  for  which  such  devises,  gifts,  grants, 
releases,  or  other  conveyances  were  respectively  made  ;  and  the  said  corpora- 
tion and  their  successors  are  hereby  declared  to  be  seized  and  possessed  of 
such  estate  and  estates  therein,  as  in  and  by  their  respective  grants,  bargains, 
sales,  enfeoffments,  gifts,  devises,  releases,  and  other  conveyances  thereof,  is 
or  are  declared,  limited  or  expressed  ;  also,  that  the  said  corporation  and  their 
successors  at  all  times  hereafter  shall  be  capable  and  able  to  purchase,  have 
and  receive,  take,  hold  and  enjoy  in  fee  simple,  or  of  lesser  estate  or  estates, 
all  and  all  manner  of  lands,  tenements,  rents,  annuities,  franchises  and  hered- 
itaments, by  the  gift,  grant,  bargain,  sale,  alienation,  enfeoffment,  release, 
confirmation  or  devise,  to  any  person  or  persons,  bodies  politic  and  corporate, 
capable  and  able  to  make  the  same  ;  and  further,  that  the  said  corporation  and 
their  successors  may  take  and  receive  any  sum  or  sums  of  money  and  any  por- 


OF    THE    GENKKAL    ASSEMBLY.  457 

tion  of  goods  and  chattels  that  have  been  given  or  bequeathed  to,  and  for  the 
use  of,  the  Western  Theological  Seminary  of  the  Presbyterian  Church  in  the 
United  States  of  America,  at  the  City  of  Allegheny,  or  to  the  Directors 
thereof,  or  to  any  other  person  or  persons,  body  politic  or  corporate,  in  trust 
or  for  the  use  of  said  seminary  ;  or  that  shall  hereafter  be  given,  sold,  leased, 
or  bequeathed  to  the  said  corporation,  by  any  person  or  persons,  body  politic 
or  corporate,  that  is  able  or  capable  to  make  sale,  lease,  bequeath  or  other  dis- 
posal of  the  same,  such  money,  goods  or  chattels,  to  be  laid  out  and  disposed 
of  for  the  use  and  benefit  of  the  aforesaid  corporation,  agreeably  to  the  will 
and  intention  of  the  donors,  and  according  to  the  objects  and  articles,  and 
conditions  of  this  act,  or  according  to  the  articles  and  by-laws  of  said 
corporation  ; 

Provided,  That  this  act  shall  not  be  so  construed  as  to  impair  or  affect  the 
right  of  other  persons  or  corporations,  or  to  vest  in  said  corporation  any  other 
estate,  right  or  title  in  the  lands  and  tenements  heretofore  held  by  any  person 
or  persons  for  the  use  of  said  Western  Theological  Seminary,  by  grant  from 
the  Commonwealth  or  conveyance  from  any  person  or  persons,  than  were  held 
and  enjoyed  by  such  person  or  persons  at,  or  before  the  passage  of  this  act  ; 
and  that  in  all  suits  now  pending,  or  hereafter  brought,  concerning  the  real 
estate  held  or  claimed  by  any  person  or  persons,  for  the  use  of  said  Seminary, 
prior  to  the  passage  of  this  act,  the  right  and  title  to  the  same  shall  be  tried 
and  determined  as  if  this  act  had  not  been  passed. 

Sec.  2.  And  be  it  further  enacted  by  the  authority  aforesaid,  That  no  mis- 
nomer of  the  said  corporation  and  their  successors  shall  defeat  or  annul  any 
gift,  grant,  devise  or  bequest,  to  or  for  the  said  corporation  ;  Provided,  The 
intent  of  the  party  or  parties  shall  sufficiently  appear  upon  the  face  of  the 
gift,  grant,  will  or  other  writing  whereby  any  estate  or  interest  was  intended 
to  pass  to  or  for  the  said  corporation. 

Sec.  3.  And  be  it  further  enacted  by  the  authority  aforesaid,  That  the  said 
corporation  and  their  successors  shall  have  full  power  to  make,  have  and  use 
one  common  seal,  with  such  device  and  inscription  as  they  shall  deem  proper, 
and  the  same  to  break,  alter  and  renew  at  their  pleasure. 

Sec.  4.  And  be  it  further  enacted  by  the  authority  aforesaid,  That  the  said 
corporation  and  their  successors  by  the  name,  style  and  title  aforesaid,  shall 
be  able  and  capable  in  law  to  sue  and  be  sued,  plead  and  be  impleaded  in  any 
court  or  courts,  before  any  judge  or  judges,  justice  or  justices,  in  all  and  in  all 
manner  of  suits,  complaints,  pleas,  causes,  matters  and  demands,  of  whatso- 
ever nature,  kind  or  form  they  may  be  ;  and  all  and  every  matter  and  thing  to 
do,  in  as  full  and  effectual  a  manner  as  any  other  person  or  persons,  body 
politic  and  corporate,  within  this  Commonwealth  may  or  can  do. 

Sec.  5.  And  be  it  further  enacted  by  the  authority  aforesaid.  That  the  said 
corporation  and  their  successors  shall  be,  and  hereby  are,  authorized  and  em- 
powered to  make,  ordain  and  establish  rules,  by-laws  and  ordinances,  and  do 
everything  needful  and  incident  for  the  due  and  good  government  and  support 
of  the  affairs  of  the  said  corporation,  and  managing  the  funds  and  revenues 
thereof;  Provided,  That  the  said  rules  and  by-laws  and  ordinances  be  not  repug- 
nant to  the  Constitution  and  laws  of  the  United  States,  to  the  Constitution 
and  laws  of  this  Commonwealth  or  to  this  act. 

Sec.  6.  And  be  it  further  enacted  by  the  authority  aforesaid.  That  the  said 
corporation  shall  not  consist  at  any  time  of  more  than  thirty  persons,  nine  of 
whom  shall  at  all  times  be  laymen,  and  citizens  of  the  State  of  Pennsylvania, 
whereof  the  General  Assembly  of  the  Presbyterian  Church  in  the  United 
States  of  America  may  at  their  annual  meeting  change  one-third  in  such  man- 
ner as  to  the  said  General  Assembly  shall  seem  proper ;  and  the  corpoi'ation 
aforesaid  shall  have  power  and  authority  to  manage  and  dispose  of  all  moneys, 
goods,  chattels,  lands,  tenements  and  hereditaments,  and  all  other  estates 
whatsoever,  committed  to  their  care  and  trust,  by  the  said  General  Assembly  ; 
but  in  cases  where  special  instructions  for  the  management  and  disposal 
thereof  shall  be  given  by  the  said  General  Assembly  in  writing  under  the 
hand  of  their  clerk,  it  shall  be  the  duty  of  the  said  corporation  to  act  accord- 
ing to  such  instructions  ;  Provided,  That  the  instructions  shall  not  be  repug- 
nant to  the  Constitution  and  laws  of  the  United  States,  or  to  the  Constitution 
and  laws  of  this  State,  or  to  this  act. 

Sec.  7.  And  be  it  further  enacted  by  the  authority  aforesaid.  That  seven 
members  of  this  corporation,  whereof  the   president,  or  in  his  absence,  the 


458  FORM  OF  GOVERNMENT,  CHAP.  XII. 

vice-president,  to  be  one,  shall  be  a  sufficient  number  to  transact  the  business 
thereof,  and  to  make  by-laws,  rules  and  regulations  ;  Provided,  That  previous 
to  any  meeting  of  the  Board  or  corporation  for  such  purposes,  not  appointed 
by  adjournment,  ten  days'  notice  shall  be  previously  given  thereof  by  the 
secretary  or  clerk  of  the  said  corporation  to  each  of  the  members  of  the  same  ; 
and  the  said  corporation  shall,  as  often  as  they  shall  see  proper,  and  according 
to  the  rules  by  them  to  be  prescribed,  choose  out  of  their  number  a  president, 
a  vice-president  and  secretary  ;  and  shall  have  authority  to  appoint  a  treas- 
urer and  such  other  officers  and  servants,  as  shall  by  them,  the  said  corpora- 
tion, be  deemed  necessary  ;  to  which  officers  the  said  corporation  may  assign 
such  a  compensation  for  their  services,  and  such  duties  to  be  performed  by 
them,  to  continue  in  office  for  such  a  time,  and  to  be  succeeded  by  others,  in 
such  a  way  and  manner,  as  the  said  corporation  may  direct. 

Sec.  8.  And  be  it  further  enacted  by  the  authority  aforesaid.  That  all  ques- 
tions before  the  said  corporation  shall  be  decided  by  a  plurality  of  votes, 
whereof  each  member  present  shall  have  one,  except  the  president,  or  vice- 
president  when  acting  as  president,  who  shall  have  only  the  casting  voice  or 
vote  in  case  of  an  equality  in  the  votes  of  the  other  members. 

Sec.  9.  And  be  it  further  enacted  by  the  authority  aforesaid.  That  the  said 
corporation  shall  keep  fair  and  regular  entries  of  their  proceedings,  and  a  just 
account  of  their  receipts  and  disbursements,  in  a  book  provided  for  that  pur- 
pose ;  and  shall,  once  in  a  year,  exhibit  to  the  General  Assembly  of  the  Pres- 
byterian Church  in  the  United  States  of  America  an  exact  state  of  the  ac- 
counts and  funds  of  the  said  corporation. 

Sec.  10.  And  be  it  further  enacted  by  the  authority  aforesaid.  That  the  said 
corporation  may  take,  receive,  purchase,  possess  and  enjoy  messuages,  houses, 
lauds,  tenements,  rents,  annuities  and  other  hereditaments,  real  and  personal 
estate  of  anj'^  amount ;  Provided,  That  the  clear  yearly  value  and  income  shall 
not  exceed  the  sum  of  fifteen  thousand  dollars. 

Sec.  11.  That  the  Legislature  expressly  reserves  the  right  at  any  time  here- 
after to  construe,  alter,  amend  or  repeal  all  or  any  of  the  provisions  of  this 
act.  Signed,  James  Ross  Snowden, 

Speaker  of  the  House  of  Representatives. 
William  Bigler, 

Speaker  of  the  Senate. 

Approved  the  twenty-ninth  day  of  March,  one  thousand  eight  hundred  and 
forty-four.  David  R.  Porter. 

A  Supplement  to  "An  act  incorporating  the  Trustees  of  the  Western  Theo- 
logical Seminary  of  the  Presbyterian  Church  in  the  United  States  of 
America,  at  the  City  of  Allegheny,  in  the  State  of  Pennsylvania." 

Whereas,  By  the  eleventh  section  of  the  act  to  which  this  is  a  supple- 
ment, the  Legislature  of  this  State  has  reserved  the  right  at  any  time  there- 
after to  construe,  alter,  amend  or  repeal  all  or  any  of  the  provisions  of  the  act 
to  which  this  is  a  supplement  ;  and 

Whereas,  The  exercise  of  that  right  may  leave  the  property  which 
may  be  vested  in  the  said  corporation  without  proper  trustees  to  manage  and 
dispose  of  the  same  ;  therefore, 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
Commonwealth  of  Pennsylvania,  in  General  Assembly  met,  and  it  is  hereby  en- 
acted by  the  authority  of  the  same.  That  in  case  the  Legislature  of  this  State 
shall  at  any  time  hereafter  construe,  alter,  amend  or  repeal  all  or  any  of  the 
provisions  of  said  act  to  which  this  is  a  supplement,  the  trustees  of  said  sem- 
inary for  the  time  being  sliall  be  and  they  are  hereby  authorized  and  empow- 
ered at  any  time  within  one  year  after  any  such  construction,  alteration  or 
amendment,  or  repeal,  to  convey  all  the  property  belonging  to  them  as  trustees 
as  aforesaid  to  any  number  of  citizens  of  this  State,  not  less  than  three  nor 
more  than  five,  whom  they  may  select,  their  heirs  and  assigns,  who  shall  hold 
the  said  property  thus  conveyed  to  them,  their  heirs  and  assigns,  for  the  sole 
use  of  the  said  seminary,  anything  in  the  said  act  to  the  contrary  not- 
withstanding. 

certificate. 

I  do  hereby  certify  that  the  above  is  a  copy  of  a  bill  which  passed  both 
branches  of  the  Legislature  and  was  signed  by  the  Governor. 

E.    S.    GOODWELL. 

Harrisbuug,  April  12,  1845.  Clerk  of  the  Senate. 


OF   THE   GENERAL   ASSEMBLY.  459 

3.    Acceptance  by  directors  of  the  plan  of  1870. 

At  a  meeting  of  the  Board  of  Directors  of  the  Western  Theological 
Seminary,  October  14,  1870,  it  was 

Resolved,  That  we  accept  the  powers  and  authority  offered  by  the  action 
of  the  General  Assembly  to  the  theological  seminaries  now  under  the 
control  of  the  General  Assembly,  as  contained  in  the  second  resolution  of 
the  report  of  the  Committee  on  Theological  Seminaries,  recorded  on 
p.  63  of  the  Mhmtes  of  1870.— 1871,  p.  579. 

4.    Assembly  to  approve  the  election  of  trustees. 

Your  Committee  recommend,  that  the  General  Assembly  give  its  con- 
sent to  a  proposed  modification  of  its  plan  for  theological  seminaries,  so  as 
to  meet  the  unanimous  request  of  the  Boards  of  Trustees  and  Directors, 
according  to  the  following  paper: 

Whereas,  By  the  plan  of  the  theological  seminary  trustees  can  be 
elected  by  the  General  Assembly  only  when  it  meets  in  Pennsylvania; 
and 

Whereas,  In  the  charter  of  the  Board  of  Trustees,  no  such  limitation 
is  embraced ;  therefore. 

Resolved,  That  the  General  Assembly  be  requested  to  so  modify  the 
' '  Plan, ' '  that  the  trustees  may  be  chosen  at  any  meeting  of  the  Assem- 
bly; also  to  consent  to  a  reduction  of  the  number  of  trustees  from  thirty 
to  twenty- one,  to  be  divided  into  three  classes,  one  class  to  be  removed 
each  year ;  and  to  such  modification  of  the  ' '  Plan  ' '  as  that  the  trustees 
shall  nominate  to  the  directors  persons  to  fill  vacancies,  and,  on  the 
approval  of  the  directors,  to  the  General  Assembly  for  its  approval. — 
1877,  p.  565. 

5.  Answer  of  the  Boards,  1895. 

The  Board  of  Directors  of  the  Western  Theological  Seminary,  being 
satisfied  that  the  seminary  now  stands  in  such  close  relation  to  the  Pres- 
byterian Church  that  both  its  teachings  and  its  use  of  all  its  property 
can  be  controlled  by  the  General  Assembly,  subject  only  to  a  reasonable 
lapse  of  time  and  such  legal  restrictions  set  forth  in  the  charter  as  have  not 
hitherto  called  out  objections,  sees  no  reasons  to  ask  in  behalf  of  this 
seminary  any  change  in  existing  relations  to  the  General  Assembly.  The 
Board  is  not  averse  to  an  effort  having  as  its  chief  end  the  bringing  of 
all  our  theological  seminaries  into  closer  relations  of  sympathy  and  confi- 
dence with  the  Church  at  large,  but  it  is  the  opinion  of  this  Board  that 
this  cannot  be  accomplished  successfully  except  through  some  plan  which 
is  acceptable  to  all  the  seminaries  now  approved  by  the  General  Assem- 
bly, and  it  deprecates  a  division  of  these  seminaries  into  different  classes 
as  regards  their  relations  to  the  General  Assembly. 

The  Board  of  Trustees  of  the  Western  Theological  Seminary,  at  its 
annual  meeting  in  Pittsburgh,  May  10,  took  the  following  action: 

The  Trustees  of  the  Western  Theological  Seminary,  after  a  careful 
consideration  of  the  suggestions  of  the  Committee  of  the  General 
Assembly  on  Theological  Seminaries,  would  affirm  their  hearty  agree- 
ment with  the  principles  when  this  Committee  was  appointed,  and  the 
end  sought,  as  both  the  Committee  of  the  General  Assembly  and  the 
trustees  of  this  seminary  are  agreed  that  the  charter  of  the  seminary  is 
one  of  the  strongest  that  could  be  framed  to  secure  the  property  to  the 


460  FORM  OF  GOVERNMENT,  CHAP.  XII. 

Presbyterian  Church  in  the  United  States  of  America,  and  that  sub- 
stantially the  only  way  in  which  the  purposes  of  the  Committee  can  be 
secured  is  in  the  way  of  general  legislation,  by  the  Legislature  of  Penn- 
sylvania, authorizing  various  denominations  and  associations  of  men  in 
case  of  threatened  or  actual  malfeasance  in  trust,  to  appear  in  court 
through  their  proper  officers  or  representatives  in  order  to  enforce  the 
execution  of  trusts  created  for  their  benefit,  in  pledging  ourselves  to 
cordially  unite  in  efforts  to  secure  such  general  legislation. — 1895,  pp. 
159,  160. 

6.  Action  of  the  Assembly,  1895, 

The  Board  of  Directors  of  the  Western  Seminary  at  Allegheny, 
"  being  satisfied  that  the  seminary  now  stands  in  such  close  relation  to 
the  Presbyterian  Church  that  both  its  teaching  and  the  use  of  all  its 
property  can  be  controlled  by  the  General  Assembly,  sees  no  reason  to 
ask  any  change  in  existing  relations  to  the  Assembly."  The  Board  of 
Trustees  has  declared  its  hearty  agreement  with  the  principles  set  forth 
in  the  action  of  the  Assembly  of  1894,  and  its  readiness  to  secure  the 
necessary  legislation  to  enable  the  General  Assembly  to  carry  out  said 
principles.  The  Committee  recommends  the  General  Assembly  to  request 
these  Boards  to  take  such  action. — 1895,  p.  32. 

7.    Answer  of  the  Boards,  1896. 

Whereas,  The  General  Assembly's  Committee  expressed,  through  their 
representative,  Thomas  McDougall,  the  opinion  that  the  property  of  the 
Western  Theological  Seminary  can  be  held  for  the  Presbyterian  Church 
under  the  existing  charter  without  change,  and  it  has,  as  a  matter  of 
fact,  always  been  so  held  and  administered,  and 

Whereas,  The  Committee  declared  that  it  would  be  sufficient  to  secure 
general  legislation  by  which  the  General  Assembly,  representing  the 
Presbyterian  Church,  can  be  recognized  in  the  courts,  without  appeal  to 
the  attorney-general  of  the  State,  and  this  Board  cordially  agreed  to 
make  due  effort  to  secui'e  such  legislation  at  the  earliest  possible  day  (the 
Legislature  meeting  only  bi-annually),  and,  in  case  of  unfaithfulness  of 
the  Board,  the  Assembly  has  power  to  remov^e  one-third  of  their  num- 
ber and  appoint  others  in  their  places,  guaranteeing  a  two-thirds  majority 
in  thirteen  months,  and  any  gift  to  the  seminary  can  be  made  specific,  as 
some  have  been,  so  that  the  donor  can  be  satisfied  as  to  the  use  to  be 
made  of  his  money,  and, 

Whereas,  A  question  exists  in  the  minds  of  able  jurists  and  of  intelli- 
gent and  liberal  friends  and  supporters  of  the  seminary,  as  to  whether 
the  change  of  charter  proposed  might  not  subject  us  to  vexatious  litiga- 
tion and  possibly  imperil  important  interests  of  the  institution  now 
entrusted  to  their  care;    therefore, 

Resolved,  That  this  Board  respectfully  begs  leave  to  adhere  to  their 
former  action  in  the  premises,  which,  if  carried  out,  the  Assembly  has 
declared  to  be  sufficient  and  acceptable. 

Resolved,  That  the  Board  appoint  a  Committee,  consisting  of  Messrs. 
William  Bakewell,  J.  McF.  Carpenter  and  W.  J.  Holland,  to  secure 
legislation  in  accordance  with  the  action  of  the  trustees  at  their  annual 
meeting  in  May,  1895.— 1896,  pp.  188  and  120. 


OF    THE   GENERAL    ASSEMBLY.  461 

IV.       LANE  THEOLOGICAL  SEMINARY. 

1.    Charter  and  amendments. 

[Note. — Ohio  Local  Laws,  Vol.  xxvii,  p.  118.] 
An  act  to  incorporate  the  Lane  Seminary,  in  the  county  of  Hamilton  : 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the  State  of  Ohio,  That 
there  shall  be,  and  hereby  is  established,  in  the  county  of  Hamilton,  a  theo- 
logical institution  for  the  education  of  pious  young  men  for  the  Gospel  minis- 
try, by  the  name  of  "The  Lane  Seminary  ;"  and  that  Joshua  L.  Wilson, 
David  Root,  James  Challen,  William  Skillenger,  Robert  Boal,  junior,  Jabez 
C.  Tunis,  John  F.  Keys,  Isaac  G.  Burnet,  Ephraim  Robbins,  James  Warren, 
John  H.  Groesbeck,  Robert  Wallace,  William  W.  Greene,  John  Thomson, 
Daniel  Haydeu,  Benjamin  Graves,  Ludwell  G.  Gaines,  Jacob  Lindley,  Caleb 
Kemper,  James  Thomson,  Daniel  Wertz,  Samuel  January  and  Abraham  A. 
Halsey,  be,  and  they  are  hereby  appointed  Trustees  of  said  institution  ;  and 
who,  together  with  their  associates  and  successors,  are  hereby  created  a  body 
politic  and  corporate,  with  perpetual  succession,  by  the  name  and  style  of 
"The  Trustees  of  the  Lane  Seminary  ;"  and  by  that  name  shall  be  competent 
to  contract  and  be  contracted  with,  to  sue  and  be  sued,  plead  and  be  im- 
pleaded, answer  and  be  answered  unto,  in  all  courts  and  places,  and  in  all 
matters  whatsoever  ;  with  full  power  and  authority  to  acquire,  hold,  possess, 
use,  occupy  and  enjoy,  by  purchase,  gift,  grant  or  devise,  and  the  same  to 
sell,  convey  and  dispose  of,  all  such  real  estate  as  shall  be  necessary  and  con- 
venient for  said  institution,  the  transaction  of  its  business,  and  the  endow- 
ment of  the  same  ;  and  may  have  and  use  a  common  seal,  and  the  same  alter, 
change,  break  and  renew  at  pleasure  ;  and  may,  also,  make,  ordain  and 
establish,  and  put  in  execution,  such  by-laws,  ordinances,  rules  and  regulations 
as  shall  be  necessary  and  proper  for  the  good  government  of  said  institution, 
and  the  prudent  and  efficient  management  of  its  affairs  ;  Provided,  That  no  by- 
law, ordinance,  rule  or  regulation  of  the  same,  shall  in  anywise  be  contrary 
to  the  constitution  and  laws  of  this  State  or  of  the  United  States  ;  And  pro- 
vided  also,  That  any  future  General  Assembly  may  alter  or  amend  this  act. 

Sec.  2.  That  the  Board  of  Trustees  aforesaid,  and  their  successors,  shall 
have  power  to  perpetuate  their  own  body,  by  tilling  all  vacancies  which  may 
occur  therein,  either  by  death,  resignation  or  otherwise  ;  but  said  Board  shall 
at  no  time  consist  of  a  less  number  than  twenty-three,  nor  more  than  twenty- 
five  :  they  shall  have  the  direction,  management  and  control  of  the  estate, 
business,  property,  funds  and  prudential  concerns  of  said  institution,  and  the 
administration  of  its  affairs  :  they  shall  appoint  all  professors,  tutors,  teachers, 
officers,  agents  and  clerks  of  the  same,  who  shall  hold  their  respective  offices 
and  places  therein  during  the  pleasure  of  said  Board,  and  perform  such  duties, 
and  exercise  such  powers  as  the  said  trustees,  from  time  to  time,  may  order 
and  direct :  they  shall,  annually,  on  the  last  Wednesday  in  October,  at  such 
time  and  place  as  the  trustees  shall  appoint,  elect,  by  ballot,  from  their  own 
body,  a  president,  three  vice-presidents,  treasurer,  recording  secretary  and 
corresponding  secretary,  who,  together  with  six  other  members,  to  be  elected 
at  the  same  time  and  place,  shall  constitute  the  executive  committee  of  said 
institution,  who  shall,  under  the  direction  of  the  trustees,  conduct  the  affairs 
of  the  same  ;  and  the  said  Board  of  Trustees  and  the  executive  committee  shall 
respectively  do  and  perform  all  such  matters  and  things  as  may  be  necessary 
and  proper  to  promote  the  objects  of  the  institution  ;  Provided,  That  the 
funds,  property  and  revenues  of  the  same  shall  not  be  appropriated,  employed 
or  expended  for  any  purpose  other  than  that  contemplated  by  this  act. 

Sec.  3.  That  the  officers  and  members  of  the  Executive  Committee  shall 
reside  in  the  city  of  Cincinnati,  or  its  vicinity,  a  majority  of  whom,  together 
with  all  the  professors,  tutors,  teachers  and  instructors  in  said  institution, 
shall  be  members  of  the  Presbyterian  Church,  in  good  standing,  under  the  care 
of  the  General  Assembly  of  that  Church  in  the  United  States. 

Sec.  4.  That  at  the  annual  meeting  of  the  Board  of  Trustees,  on  the  last 
Wednesday  of  October,  there  shall  be  reported  and  presented  an  account 
of  the  state  and  condition  of  said  institution,  in  all  its  various  concerns  and 
affairs;  and  said  Board  may  hold  meetings  at  such  other  times  as  the 
Trustees  may  appoint,  or  the  president  thereof  shall  order  and  direct,  to  be 
notified  and  held  in  such  manner  as  shall  be  provided  by  the  by-laws  of  the 
institution. 


462  FORM  OF  GOVERNMENT,  CHAP.  XII. 

Sec.  5.  That  a  fundamental  rule  or  principle  of  said  institution  shall  be,  that 
every  student  therein,  when  in  good  health,  shall  be  required  to  spend  not  less 
tlian  three,  nor  more  than  four  hours,  each  da}^  in  agricultural  or  mechanical 
labor,  the  avails  of  which  shall  be  applied  towards  defra^'ing  the  expenses  of 
the  institution,  and  the  board  and  tuition  of  the  students  ;  and  the  said  Board  of 
Trustees  shall  have  power  to  grant  and  confer  on  any  candidate,  in  such  form 
as  they  may  prescribe,  all  or  any  of  the  degrees  in  Divinity  usually  granted 
and  conferred  in  the  Colleges  and  Universities  in  the  United  States. 

Sec.  G.  That  the  first  officers  of  the  institution  shall  be  the  Rev.  Joshua  L. 
Wilson,  president;  Rev.  David  Root,  Rev.  Jacob  Lindley  and  Isaac  G.  Burnet, 
Esq.,  vice-presidents ;  John  H  Groesbeck,  treasurer ;  Abraham  A.  Halsey, 
recording  secretary,  and  James  Warren,  corresponding  secretary,  who,  to- 
gether with  John  F.  Keys,  Jabez  C.  Tunis,  William  W.  Greene,  Robert  Boal, 
junior,  William  Skillenger  and  Caleb  Kemper  shall  compose  and  constitute 
the  first  Executive  Committee,  to  serve  in  their  respective  offices  until  the  next 
annual  meeting  and  until  their  successors  shall  be  chosen. 

Sec.  7.  That  this  act  shall  be  taken  and  received  in  all  courts,  and  by 
all  judges,  magistrates  and  other  public  officers,  as  a  public  act;  and  all 
printed  copies  of  the  same,  printed  by  or  under  the  authority  of  the  General 
Assembly,  shall  be  admitted  as  good  evidence  thereof,  without  any  other  proof 
whatever. 

Edward  King, 
Speaker  of  the  Rouse  of  Representatives. 
Samuel  Wheeler, 

Speaker  of  the  Senate. 

February  11,  1829. 

[Note. — Ohio  Local  Laws,  Vol.  xxxvi,  p.  22.] 

An  act  to  amend  the  act  entitled  "An  act  to  incorporate  the  Lane  Seminary, 
in  the  county  of  Hamilton," 
Sec.  1.  Be  it  enacted  by  the  General  Assembly  of  the  State  of  Ohio,  That  the 
Board  of  Trustees  of  the  Lane  Seminary  shall  consist  of  any  number  not  less 
than  thirteen  nor  more  than  twenty-five  ;  and,  if  from  any  cause,  the  number 
shall  be  reduced  below  thirteen,  the  remaining  number  shall  be  a  competent 
Board  for  the  purpose  of  filling  vacancies  to  make  up  the  number  of  thirteen  ; 
and  from  and  after  the  next  election  of  officers,  the  Executive  Committee  of 
said  seminary  shall  consist  only  of  the  president,  the  three  vice-presidents, 
the  treasurer,  the  recording  secretary  and  the  corresponding  secretary,  who 
shall  hold  their  offices  until  their  successors  are  elected  ;  and  the  annual  meet- 
ing of  the  Board  of  Trustees,  for  the  election  of  officers,  shall  be  held  on 
the  second  Wednesday  of  June,  annually,  instead  of  the  last  Wednesday  of 
October. 

C.  Anthony, 
Speaker  of  the  House  of  Representatives. 
George  J.  Smith, 

Speaker  of  the  Senate. 
January  16,  1838. 


[Note.  -Ohio  Laws,  Vol.  Iv,  p.  16.] 

An  act  to  amend  the  act  entitled  an  act  to  amend  the  act  entitled  "  An  act 
to  incorporate  the  Lane  Seminary,  in  the  county  of  Hamilton." 
Sec.  1.  Be  it  enacted  by  the  General  Assembly  of  the  State  of  Ohio,  That  the 
act  entitled  "An  act  to  amend  the  act  entitled  an  act  to  incorporate  the 
Lane  Seminary,  in  the  county  of  Hamilton,"  passed  January  16,  1888,  be  and 
tlie  same  is  hereby  amended  and  enacted  to  read  as  follows,  to  wit :  The  Board 
of  Trustees  of  the  Lane  Seminary  shall  consist  of  any  number,  not  less  than 
thirteen,  nor  more  than  twenty-five  ;  and  if,  from  any  cause,  the  number  shall 
be  reduced  below  thirteen,  the  remaining  number  shall  be  a  competent  Board 
for  the  purpose  of  filling  vacancies  to  make  up  the  number  of  thirteen  ;  and 
the  Executive  Committee  of  said  seminary  shall  consist  only  of  the  president, 
the  three  vice-presidents,  the  treasurer,  the  recording  secretary  and  the  cor- 
responding secretary,  who  shall  hold  their  offices  until  their  successors  are 
elected  ;  and  the  annual  meeting  of  the  Board  of  Trustees,  for  the  election  of 


OF   THE   GENERAL   ASSEMBLY.  463 

officers,  shall  be  held  at  such  time  and  place  as  the  Board  of  Trustees  shall, 
from  time  to  time,  and  at  any  time,  appoint ;  and  the  above  mentioned  act, 
passed  January  16,  1838,  is  hereby  repealed. 

William  B.  Woods, 
Speaker  of  the  House  of  Representatives. 
Martin  Welker, 

President  of  the  Senate. 
March  4,  1858. 

2.    The  plan  of  the  Assembly  adopted  by  the  trustees. 

The  Board  of  Trustees  of  the  Lane  Theological  Seminary  report  that 
they  have  most  cordially  adopted  this  plan  by  the  following  action: 

Every  election  of  a  professor  in  this  institution  shall  be  reported  to  the 
next  General  Assembly;  and  if  said  Assembly  shall  by  vote  express  its 
disapprobation  of  the  election,  the  professorship  in  question  shall  be 
ipso  facto  vacant  from  and  after  such  vote  of  the  General  Assembly,  it 
being  understood  that  in  such  case  it  is  not  the  pleasure  of  this  Board 
that  such  professor  shall  continue  in  office. — 1871,  p.  580. 

3.    Report  of  the  Standing  Committee  on  Theological  Seminaries, 
1893.    Approval  withheld. 

The  trustees  of  Lane  Theological  Seminary  find  that  the  income  of 
the  seminary  has  been  seriously  reduced,  and  as  a  result  they  have  been 
compelled  to  abolish  the  Chair  of  Practical  Theology,  thus  requiring  the 
resignation  of  Dr.  Roberts,  who  was  the  incumbent  thereof.  The  Assem- 
bly puts  on  record  its  high  appreciation  of  the  value  of  Dr.  Roberts' 
services,  and  expresses  its  regret  that,  as  your  Committee  has  been 
informed,  the  Board  did  not  advise  Dr.  Roberts  of  its  purpose  before 
taking  such  decisive  action. 

In  the  list  of  professors,  the  Assembly  finds  the  name  of  the  Rev. 
Henry  P.  Smith,  D.D. ,  who  was  in  December  last  suspended  by  the 
Presbytery  of  Cincinnati  for  unsoundness  in  the  faith.  On  the  31st  of 
January,  1893,  Prof.  Smith  tendered  his  resignation  to  the  Board 
because  of  that  suspension.  The  Board  declined  to  receive  such  resigna- 
tion, but  continued  him,  by  formal  action,  in  the  duties  of  his  professor- 
ship in  the  seminary.  When  a  minister  is  suspended,  he  is  suspended 
from  all  the  functions  of  his  office.  Among  the  most  important  of  such 
functions  is  that  of  training  young  men  for  the  ministry.  However 
serious  the  embarrassment  to  the  seminary,  the  Board  should  have 
immediately  accepted  the  resignation  of  Prof.  Smith,  or  at  least  relieved 
him  from  the  discharge  of  his  duties.  Loyalty  to  the  Church  should 
have  compelled  them  to  take  such  action.  But  they  were  further 
bound  so  to  do  by  faithfulness  to  the  trust  which  they  have  assumed 
with  regard  to  that  seminary.  Its  charter  requires  that  "all  the  profes- 
sors shall  be  members  of  the  Presbyterian  Church  in  good  standing. ' ' 
The  Assembly,  therefore,  is  constrained  to  withhold  its  approval  and 
commendation  of  Lane  Seminary  until  the  Board  has  reconsidered  its 
action  in  this  respect,  and  remedied  the  error. — 1893,  p.  156. 

4.  Reorganization  recommended.    Committee  of  Visitation  appointed. 
The  seminary  restored  to  fall  standing. 

The  last  General  Assembly  expressed  its  disapproval  of  the  seminary, 
because  it  retained  in  his  Chair  a  professor  who  had  been  suspended  from 
the  ministry  by  his  Presbytery  for  heresy,  and  the  Board  of  Education 
was   forbidden  to  aid  students  attending  the  institution.     Afterwards 


464  FORM  OF  GOVERNMENT,  CHAP.  XII. 

the  professor  resigned  his  place,  and  then  the  Board  of  Education 
resumed  its  helpful  relations  to  the  students  of  Lane.  AVe  trust  happier 
days  for  this  seminary  are  now  near  at  hand,  and  we  commend  it  and  all 
its  interests  to  the  approval,  the  sympathy  and  the  confidence  of  the 
Assembly  and  the  Church. 

In  view  of  all  the  facts  that  have  come  before  us  and  as  the  result  of 
thoughtful  and  even  anxious  deliberation,  we  respectfully  recommend  the 
following,  viz. : 

1.  The  General  Assembly  would  advise  the  Board  of  Trustees,  as 
promptly  and  completely  as  possible,  to  reorganize  the  seminary  by 
introducing  new  and  different  men  into  the  Board  of  Trustees  and  the 
corps  of  instructors,  and  this,  not  because  of  any  question  touching  the 
integrity  of  purpose  and  purity  of  motive  in  the  honored  brethren  now 
in  charge,  but  simply  because  the  differences  of  opinion  and  policy  now 
prevailing  among  them  seem  to  be  irreconcilable,  and  to  forbid  the  hope 
of  settlement  until  other  men  are  put  in  charge. 

2.  That  a  Committee  of  five,  three  ministers  and  two  elders,  shall  be 
appointed  by  this  Assembly  to  visit  the  seminary  and  confer  with  the 
Board  of  Trustees,  and  to  advise  with  them  concerning  all  the  interests 
of  the  institution,  especially  concerning  its  reorganization,  as  already 
indicated;  this  Committee  to  report  to  the  next  General  Assembly. 

3.  We  recommend  that  in  the  meantime  the  seminary  be  restored  to 
full  standing  with  the  General  Assembly,  and  that  the  Board  of  Educa- 
tion be  directed  to  treat  its  students  precisely  as  it  treats  the  students  of 
other  seminaries. 

4.  Pending  the  visit  of  the  Comraitttee  suggested  and  the  reorganiza- 
tion proposed,  it  is  recommended  that  the  election  of  Rev.  Henry  W. 
Hulbert  to  the  Chair  of  Church  History  be  disapproved,  and  this  for 
this  reason  and  no  other,  that  his  confirmation  would  further  embarrass 
the  reorganization  which  is  now  proposed.  This  disapproval  is  not  to  be 
understood  as  raising  any  question  of  his  character  or  orthodoxy,  nor  as 
a  bar  to  his  employment  as  a  teacher  in  the  seminary.* — 1894,  pp.  110, 
111. 

5.  Report  of  the  Special  Committee  to  visit  Lane  Seminary,  1895.  ' 

The  Committee  appointed  by  the  General  Assembly  to  confer  with 
the  Board  of  Trustees  of  Lane  Seminary  held  a  conference  in  Cincin- 
nati, November  22,  1894.  The  Board  of  Trustees  made  their  statement, 
each  member  setting  forth  his  personal  convictions  regarding  the  condition 
and  purposes  of  the  Board.  The  meeting  was  continued  through  the 
day,  was  harmonious  and  satisfactory,  and  the  interchange  of  views  and 
opinions  was  most  fraternal  and  cordial.  Whatever  "  differences  of 
opinion  and  polity"  may  have  been  and  to  some  may  have  seemed 
' '  irreconcilable, ' '  they  were  not  to  be  found  when  the  Committee  looked 
the  brethren  in  the  face  and  heard  their  words  of  conciliation  and  earnest 
expression  of  desire,  harmoniously  and  unitedly,  to  promote  the  best 
interests  of  the  seminary  and  our  Presbyterian  Zion. 

After  hearing  at  length  the  detailed  and  explanatory  statement  of  the 
Board  of  Trustees  concerning  the  financial  condition  of  the  seminary  in 
the  past  and  in  the  present,  showing  the  receipts  and  disbursements,  also 
the  annual  attendance  of    students   from   1887  to   1895,    and  also  the 

*  Prof.  Hulbert  was  reelected  Professor  of  Church  History  and  his  name  reported 
to  the  Assembly.— 1896,  p.  141. 


OF   THE   GENERAL   ASSEMBLY,  465 

teaching  force  of  the  past  and  the  present,  and  concerning  the  prospect 
of  the  future,  the  Assembly's  Committee  retired  for  a  conference. 

In  the  evening  the  conference  of  the  Board  of  Trustees  and  the 
Committee  was  resumed,  when  the  Assembly's  Committee  submitted  to 
the  Board  of  Trustees  the  conclusion  upon  which  they  appeared  to  agree, 
and  which  in  their  present  light  they  were  disposed  to  submit  to  the 
General  Assembly.  The  Board  of  Trustees  by  a  unanimous  vote  ex- 
pressed their  satisfaction  with  these  suggestions  of  the  Committee,  which 
were  substantially  as  follows: 

1.  Having  heard  the  fall  statement  of  the  Board  and  the  satisfactory 
explanation  in  regard  to  the  financial  condition  of  the  seminary,  with  the 
hopeful  outlook  for  the  future,  we  advise  the  increase  and  completion  of 
the  faculty  in  accordance  with  the  recommendation  of  the  General 
Assembly,  as  speedily  as  the  income  of  the  institution  will  allow. 

2.  We  will  report  to  the  General  Assembly  that  the  full,  clear  finan- 
cial statement  submitted  to  the  Committee  seemed  to  us  in  a  large 
measure  to  explain  the  present  administration  of  the  Board,  and  like- 
wise promise  an  increase  of  the  teaching  force  in  the  near  future. 

3.  Having  been  informed  that  five  vacancies  exist  in  the  Board  of 
Trustees,  we  would  take  pleasure  in  reporting  to  the  Assembly  that  it  is 
the  intention  of  the  Board  to  fill  these  places,  as  soon  as  possible,  with 
men  known  to  be  in  sympathy  with  the  Presbyterian  Church  and  the 
seminary  in  its  relation  to  the  General  Assembly. 

4.  We  will  report  to  the  Assembly  that  we  found  the  Board  of  Trus- 
tees, clergymen  and  laymen,  to  be  an  intelligent  body  of  earnest  Chris- 
tian men;  united  in  the  desire  and  purpose  to  do  everything  in  their 
power  to  bring  the  seminary  into  closer  relations  to  the  Church,  and  to 
ensure  the  hearty  sympathy  and  support  of  the  community  and  region 
in  which  the  seminary  is  located. 

The  Board  took  the  following  action: 

Resolved,  That  the  thanks  of  this  Board  of  Trustees  are  hereby  ex- 
tended to  the  Assembly's  Committee  of  Conference  on  Lane  Seminary, 
for  the  patient  and  open-minded  manner  in  which  they  have  sought 
information,  and  also  for  the  outline  of  opinion  and  conclusion  submitted, 
in  which  the  purpose  and  spirit  of  this  Board  are  correctly  interpreted. 

Therefore  your  Committee  recommend  the  Assembly  to  encourage  the 
Board  to  continue  making  such  efforts  and  devising  such  means,  as  will 
speedily  and  thoroughly  reorganize  and  increase  the  teaching  force,  and 
thus  secure  for  Lane  Seminary  the  constant  fostering  care  and  approval 
of  the  Assembly,  as  well  as  the  confidence,  sympathy,  and  support  of 
our  beloved  Presbyterian  Zion. 

The  report  was  accepted;  its  recommendations  adopted,  and  the  Com- 
mittee continued. — 1895,  pp.  19-21. 

[Note  — For  the  answer  of  Lane  Seminary  to  the  proposals  of  the  General  Assem- 
bly of  1894,  see  Minutes,  1895,  p.  160 ;  and  for  the  Assembly's  reply,  see  Minutes,  1895, 
p.  33,  and  1896,  p.  122.] 

6.    Final  report  of  the  Special  Committee  to  visit  Lane,  1896. 

"  The  report  of  the  Special  Advisory  Committee  to  visit  Lane  Semi- 
nary was  unanimously  adopted  at  the  meeting  of  the  General  Assembly 
in  Pittsburgh,  May,  1895,  together  with  the  recommendation  that  '  the 
Assembly  encourage  the  Board  to  continue  making  such  efforts  and  devis- 
ing such  means  as  will  speedily  and  thoroughly  reorganize  and  increase 
30 


466  FORM  OF  GOVERNMENT,  CHAP.  XII. 

the  teaching  force,  and  thus  secure  for  Lane  Seminary  the  constant 
fostering  care  and  approval  of  the  Assembly  as  well  as  the  confidence, 
sympathy  and  support  of  our  beloved  Presbyterian  Zion. ' 

"  The  Committee  was  ordered  to  be  continued.  As  Chairman  I  now 
report  to  the  Assembly  tha,t  there  has  been  no  regular  meeting  of  the 
Committee  during  the  year,  for  the  reason  that  everything  has  gone  on 
so  satisfactorily,  pleasantly  and  prosperously  in  the  work  of  the  seminary, 
that  there  seemed  nothing  for  the  Committee  to  do.  In  the  meantime  I 
was  invited  to  deliver  the  annual  address  before  the  Society  of  Inquiry, 
the  alumni,  and  friends  of  the  seminary,  which  I  did  on  Commencement 
Day,  May  7,  1896.  Having  thus  the  opportunity  of  meeting  the 
professors  and  students,  the  president  of  the  Board  of  Trustees,  and 
many  of  the  members,  as  well  as  the  examiners  from  various  Presby- 
teries, and  other  friends  of  the  seminary,  I  received  a  most  favorable 
impression  of  the  work  done,  and  of  the  prospects  for  the  future. 

The  report  of  the  Advisory  Committee  thence  continues  with  informa- 
tion already  given  in  this  report,  and  is  signed  by  its  chairman,  David 
A.  Cunningham,  and  dated  May  16,  1896.  We  recommend  to  the 
Assembly  the  approval  of  the  report  of  this  Special  Committee.  The 
report  was  approved. — 1896,  p.  142. 

7.  Answer  of  the  trustees  to  the  Assembly,  1895. 
At  the  meeting  of  the  Board  of  Trustees,  May  1,  1895,  it  was 
Resolved,  That  while  this  Board  desires  in  all  proper  ways  to  show  its 
loyalty  to  the  Presbyterian  Church,  and  has  an  earnest  wish  to  maintain 
the  most  cordial  and  harmonious  relations  with  the  General  Assembly,  in 
view  of  the  legal  and  other  complications  which  might  result  from  the 
proposed  amendments,  and  the  doubtful  validity  of  such  if  enacted,  we  feel 
constrained  to  decline  to  take  any  steps  to  effect  such  changes  as  are 
contemplated  in  the  resolutions  of  the  last  General  Assembly  regarding 
theological  seminaries. — 1895,  p.  160. 

8.  Answer  of  the  trustees,  1896. 

The  following  is  a  true  copy  of  the  action  of  the  Board  of  Trustees  of 
Lane  Theological  Seminary  taken  Wednesday,  May  6,  1896 : 

That  this  Board  learns  with  regret  of  the  illness  of  Dr.  Young,  and 
that  this  fact  has  probably  prevented  the  Committee  of  the  General 
Assembly  meeting  with  the  Board  at  this  time  as  per  appointment  made 
by  the  president. 

That  while  this  Board  desires  to  maintain  the  most  cordial  and  inti- 
mate relations  with  the  General  Assembly  of  the  Presbyterian  Church  in 
the  United  States  of  America,  and  will  do  all  that  can  be  done  to  that 
end,  it  as  yet  does  not  see  the  way  clear  to  changing  the  action  taken  in 
May,  1895,  concerning  proposed  amendments  to  the  charter. — 1896, 
p.  194. 

9.  Answer  of  the  trustees,  1897. 

The  trustees  of  Lane  Seminary,  having  carefully  considered  the 
action  and  request  of  the  General  Assembly  of  1896  in  regard  to  the 
plan  of  seminary  control,  approved  by  the  Assembly  of  1895,  make, 
after  due  deliberation,  the  following  statement  in  reply: 

The  trustees  are  thoroughly  confirmed  in  the  judgment,  frankly  stated 
to  the  Assemblies  of  1895  and  1896,  that  the  changes  proposed  in  the 
charter  of  this  seminary  are  impracticable.     This  charter  clearly  defines 


OF    THE   GENERAL    ASSEMBLY.  467 

the  object  of  the  institution,  provides  for  the  organization  of  its  Board 
of  Trust  as  a  civil  corporation  and  definitely  prescribes  the  manner  in 
which  this  trust  shall  be  administered. 

It  is  plainly  the  imperative  duty  of  this  Board  to  execute  with  fidelity 
these  explicit  provisions.  It  seems  to  the  trustees  increasingly  clear  that 
they  have  neither  the  legal  nor  the  moral  right  to  become  a  party  to  any 
attempt  to  modify  or  alter  any  of  the  expressed  terms  or  conditions  of 
the  trust  which  they  are  appointed  to  administer,  even  were  such  legisla- 
tion permissible  under  the  present  Constitution  of  Ohio. 

Moreover,  all  the  funds  that  have  been  donated  to  the  seminary  since 
the  enactment  of  this  charter  have  been  received  under  its  specific 
provisions.  Most  of  these  donations  have  been  made  with  the  assurance 
and  in  the  belief  that  these  conditions  are  to  be  perpetual.  The  chang- 
ing of  these  provisions  and  conditions  in  the  manner  proposed  would  be, 
as  it  seems  to  the  trustees,  a  violation  of  good  faith  on  their  part,  as  well 
as  a  breach  of  trust,  and  would  seriously  imperil  these  endowments  and 
expose  the  institution  to  ruinous  litigation. 

For  these  conclusive  reasons,  it  is  their  settled  belief  that  this  Board 
ought  not  to  initiate  any  proceedings  which  would  modify  or  alter  the 
existing  charter  in  any  of  its  essential  provisions. 

But  it  seems  proper  to  add,  that,  if  the  proposed  changes  were  prac- 
ticable, they  are  not,  in  the  judgment  of  the  trustees,  necessary  to  the 
full  protection  of  Lane  Seminary  as  an  institution  of  the  Presbyterian 
Church,  or  for  the  safeguarding  of  its  teaching  and  funds.  This 
appears  from  the  following  facts,  namely: 

1.  The  charter  itself  expressly  provides  that  "  all  the  professors, 
tutors,  teachers  and  instructors  in  the  seminary  shall  be  members  of  the 
Presbyterian  Church,  in  good  standing,  under  the  care  of  the  General 
Assembly  of  that  Church  in  the  United  States."  This  provision  the 
founders  deemed  sufficient  to  safeguard  the  teachings  of  the  seminary, 
and  it  has  been  attested  to  be  such  by  the  entire  history  of  the  institution. 

2.  In  connection  with  the  union  of  the  two  branches  of  the  Presby- 
terian Church  in  1869,  the  Board  of  Trustees  of  Lane  Seminary  took  in 
August,  1870,  the  following  action,  which  was  "  accepted  as  satisfac- 
tory "  by  the  Assembly  of  1871  (3finutes,  p.  580),  namely: 

"  Every  election  of  a  professor  in  this  institution  shall  be  reported  to 
the  next  General  Assembly,  and  if  the  said  Assembly  shall  by  vote 
express  its  disapprobation  of  the  election,  the  professorship  in  question 
shall  be  ipso  facto  vacant  from  and  after  such  vote:  it  being  understood 
in  such  case,  that  it  is  not  the  pleasure  of  this  Board,  that  such  professor 
shall  continue  in  office." 

From  this  explicit  ' '  compact ' '  there  has  not  been  a  single  deviation 
by  this  Board,  and  the  trustees,  for  the  third  time,  reaffirm  their  purpose 
and  obligation  to  observe  its  provisions. 

3.  The  deed  for  the  land  on  part  of  which  the  seminary  buildings 
stand  and  the  rest  of  which  still  constitutes  one  of  its  chief  sources  of 
support,  contains  the  express  provision  that  in  case  the  seminary  shall 
ever  fail  of  its  appointed  purpose  as  defined  by  its  charter,  this  gift  shall 
be  forfeited  in  law,  and  shall  revert  to  certain  organizations  which  are 
specifically  named.  Moreover,  many  of  the  subsequent  donations  and 
bequests  to  the  seminary  contain  similar  conditions  and  might  be  legally 
forfeited  should  the  Board  divert  such  funds  from  their  original  purpose. 

It  is  thus  seen  that  the  obligation  to  guard  the  endowments  as  well  as 


468  FORM  OF  GOVERNMENT,  CHAP.  XII. 

the  teachings  of  the  seminary  is  as  fundamental  and  imperative  as  it  can 
possibly  be  made.  It  may  safely  be  assumed  that  no  Board,  present  or 
future,  would  ever  seek  to  pervert  a  pecuniary  trust  so  carefully  pro- 
tected, and  should  such  attempt  ever  be  made,  the  courts  of  Ohio  are 
open  for  its  correction. 

The  trustees  are  constrained  by  the  foregoing  considerations  to  declare 
as  their  final  judgment  that  the  proposed  changes  in  the  charter  of  the 
seminary  are  impracticable  and  unnecessary. 

At  the  same  time,  they  most  cordially  affirm  their  loyalty  to  the  doc- 
trines and  polity  of  the  Presbyterian  Church,  and  solemnly  avow  their 
purpose  to  administer  with  fidelity  the  sacred  trust  committed  to  their 
care.— 1897,  pp.  105-107. 

10.  Action  of  the  Assembly,  1897. 

[Note— See  this  Digest,  No.  13,  p.  421.] 


V.       UNION  THEOLOGICAL  SEMINARY. 

Note. — See  repoii 
148, 


[Note. — See  report  on  Theological  Seminaries,  Minutes,  1870,  pp.  383-386,  also  pp.  63, 
8,  149;  Moore's  Digest,  1886,  pp.  383-390;  and  this  Digest,  p.  410.] 

1.    The  agreement  of  1870. 

[Note. — See  for  this  compact  or  agreement,  p.  414.] 

2.  The  veto  of  Prof.    Charles  A.  Brings,  D.D. 

It  appears,  then,  according  to  the  terms  of  the  contract  quoted  above, 
the  directors  of  the  Union  Theological  Seminary  have  conceded  to  the 
Assembly  the  right  to  veto  the  appointment  of  professors;  and  that  an 
election  is  complete  unless  vetoed  by  the  next  Assembly  following  the 
election. 

Your  Committee  would  have  been  disposed  to  recommend  that  the 
report  of  the  directors  of  the  Union  Theological  Seminary,  so  far  as  it 
has  reference  to  the  transfer  of  Dr.  Briggs  to  the  Chair  of  Biblical 
Theology,  be  referred  to  the  next  Assembly,  if  such  a  disposition  of  the 
matter  had  been  possible.  But  the  Assembly  has  clearly  no  power  to 
postpone  action.  The  control  of  the  Church  over  the  election  of  Dr. 
Briggs  ceases  with  the  dissolution  of  the  present  Assembly.  Your 
Committee  are  constrained,  therefore,  to  say  that,  in  their  judgment,  it 
is  the  duty  of  the  Assembly  to  disapprove  of  the  appointment  of  Dr. 
Briggs  to  the  Edward  Robinson  Chair  of  Biblical  Theology  in  the  Union 
Theological  Seminary. 

Your  Committee  desire  to  say,  moreover,  that  while  they  are  clear  in 
their  judgment  that  the  Assembly  has  the  right  to  veto  the  appointment 
of  Dr.  Briggs  to  the  Chair  of  Biblical  Theology,  it  is  possible  to  impose 
a  meaning  upon  the  apparently  unambiguous  phraseology  of  the  compact 
between  the  General  Assembly  and  the  directors  of  the  Union  Theologi- 
cal Seminary  that  would  lead  to  a  different  conclusion.  Fairness  also 
requires  us  to  remember  that  the  Assembly  is  one  of  the  parties  to  the 
contract  that  it  is  called  upon  to  construe.  While  your  Committee  are  of 
the  opinion  that  the  compact  in  question  did  not  contemplate  the  distinc- 
tion between  the  election  of  a  person  to  be  a  professor,  and  the  appoint- 
ment of  one  already  a  professor,  to  the  work  of  a  certain  department  of 
instruction,  it  cannot  be  denied  that  such  a  distinction  exists,  the  one  act 
conferring  status,  the  other  only  assigning  duties. 

The  seemingly  irregular  course  of  the  directors  of  the  Union  Theologi- 


OF    THE   GENERAL    ASSEMBLY.  469 

cal  Seminary,  whereby  Dr.  Briggs  was  inducted  into  office,  before  the 
Assembly  had  been  advised  of  his  appointment,  is  doubtless  to  be  attributed 
to  their  mode  of  construing  their  compact  with  the  General  Assembly. 
While  your  Committee  are  sure  that  the  Assembly  will  not  and  should 
not  admit  that  its  right  of  disapproval  is  restricted  to  the  original  elec- 
tion of  a  person  to  a  place  in  the  faculty  of  the  Union  Theological  Sem- 
inary, and  while  they  are  of  the  opinion  that,  acting  according  to  the 
light  it  now  has,  the  Assembly  cannot  but  disapprove  of  the  appoint- 
ment of  Dr.  Briggs  to  the  professorship  of  Biblical  Theology  in  that 
seminary,  they  are  nevertheless  of  the  opinion  that  in  the  interest  of  the 
mutual  relations  of  confidence  and  cordial  respect  subsisting  between  the 
Union  Theological  Seminary  and  the  General  Assembly,  it  would  be 
eminently  proper  for  the  Assembly  to  appoint  a  Committee  to  confer  with 
the  directors  of  the  Union  Theological  Seminary  in  regard  to  the  rela- 
tions of  the  said  seminary  to  the  General  Assembly,  and  to  report  to  the 
next  General  Assembly. 

Your  Committee  recommend  the  adoption  of  the  following  resolutions: 

1 .  Resolved,  That  in  the  exercise  of  its  right  to  veto  the  appointment 
of  professors  in  the  Union  Theological  Seminary,  the  General  Assembly 
hereby  disapproves  of  the  appointment  of  the  Rev.  Charles  A.  Briggs, 
D.  D. ,  to  the  Edward  Robinson  Professorship  of  Biblical  Theology  in 
that  seminary,  by  transfer  from  another  chair  in  the  same  seminary. 

2.  Resolved,  That  a  Committee,  consisting  of  eight  ministers  and  seven 
ruling  elders,  be  appointed  by  this  Assembly  to  confer  with  the  directors 
of  the  Union  Theological  Seminary  in  regard  to  the  relations  of  the  said 
seminary  to  the  General  Assembly,  and  to  report  to  the  next  General 
Assembly.— 1891,  p.  97. 

3.    Report,  Committee  of  Conference,  1892. 

[Note. — See  for  this  report  in  full,  and  accompanying  papers  from  the  directors  of 
Union  Seminary,  Minutes,  1892,  pp.  53-67.     Parts  of  the  report  are  given  below.] 

4.   Agreement  recognized  as  binding. 

Resolved,  That  this  Board  without  surrendering  its  interpretation  of 
said  agreement,  fully  recognizes  its  binding  force,  until  it  shall  be  proved 
to  be  illegal,  or  shall  be  properly  abrogated. — 1892,  p.  58. 

5.  Paper  adopted  by  the  joint  conference,  1892. 

It  is  believed  that  the  joint  conferences  prepared  the  way  in  a  large 
degree  for  a  better  understanding  between  the  Assembly  and  the  semi- 
nary, and  in  the  hope  that  an  adjustment  of  the  question  at  issue  might 
be  reached  in  the  near  future,  the  following  paper  was  adopted  by  both 
bodies  on  January  22,  1 892,  and  signed  jointly  by  the  chairman  of  your 
Committee  and  by  President  Hastings  of  the  Union  Theological  Seminary: 

The  paper  is  as  follows: 

Recognizing  the  fact  that  the  General  Assembly  and  the  Union 
Theological  Seminary  are  parties  to  the  agreement  or  compact  of  1870, 
as  contained  in  the  memorial  of  the  directors  to  the  Assembly  of  1870, 
and  also  the  fact  that  there  is  a  wide  difference  of  opinion  in  the  matter 
of  the  interpretation  of  said  agreement  or  compact,  something  like  the 
following  might  be  done: 

1.  Each  party  may  fully  respect  the  opinion  of  the  other  and  con- 
clude for  the  present  that  the  difference  is  irreconcilable. 

2.  The  seminary  might  report  to  the  next  General  Assembly  substan- 


470  FORM  OF  GOVERNMENT,  CHAP,  XII. 

tially  that  their  understanding  of  the  compact  differed  from  that  of  the 
General  Assembly  as  applied  to  transfers,  and  that,  although  the  General 
Assembly  had  disapproved  the  appointment  of  Dr.  Briggs,  the  directors 
had  not  seen  their  way  clear,  in  view  of  their  obligations,  to  do  other 
than  continue  him  in  the  active  duties  of  his  office. 

3.  The  Committee,  on  the  other  hand,  might  report  the  facts  to  the 
General  Assembly,  and,  in  view  of  the  relations  of  the  parties  and  in 
due  recoguition  of  their  honest  difference,  recommend  that  the  statvis  quo 
be  recognized,  in  the  hope  that  some  action  may  be  taken  which  may 
lead  to  a  harmonious  adjustment  of  all  the  matters  at  issue. 

In  accordance  with  the  foregoing  paper  adopted  by  the  Committee  of 
Conference  and  the  directors  of  the  Union  Theological  Seminary,  and  in 
view  of  the  facts  embodied  in  it,  your  Committee  recommend  that  the 
status  quo  be  recognized  by  the  Assembly,  in  the  hope  that  some  action 
may  be  taken  which  may  lead  to  a  harmonious  adjustment  of  all  the 
matters  at  issue. — 1892,  pp.  59,  60. 

6.    Report  of  TTnion  Seminary  on  the  status  of  Prof.   Briggs,  1892. 

The  Board,  therefore,  respectfully  reports  to  the  Assembly  that  we  can 
but  regard  ourselves  as  solemnly  bound  liy  our  interpretation  of  the 
agreement,  and  must  discharge  our  duties  as  directors  accordingly.  For 
having  heard,  and  carefully  considered,  all  that  was  said  by  the  Com- 
mittee of  the  General  Assembly,  we  have  seen  no  reason  to  change  or 
modify  our  understanding  of  the  agreement.  There  is  an  honest  differ- 
ence of  opinion  in  this  matter.  In  1870  this  Board  conceded  one  thing, 
and  only  one,  to  the  General  Assembly,  viz.,  the  right  to  disapprove 
the  election  or  appointment  of  a  professor.  If  Dr.  Briggs  had  been 
elected  or  appointed  to  the  Chair  of  Biblical  Theology,  the  disapproval 
of  the  Assembly  would  have  been  decisive  with  us.  But  a  professor  can 
be  elected  in  this  institution  only  in  accordance  with  our  laws;  and 
according  to  those  laws  Dr.  Briggs  was  not  elected.  His  inauguration 
was  a  ceremouial  technically  unnecessary,  but  designed  only  to  honor 
publicly  the  generosity  of  the  founder  of  the  Chair  of  Biblical  Theology, 
in  which  department  Dr.  Briggs  had  been  teaching  for  ten  years. 

Thanking  the  General  Assembly  for  sending  to  us  so  able  and  so  cour- 
teous a  Committee,  we  join  with  them  in  their  recommendation,  "  that 
the  status  quo  be  recognized,  in  the  hope  that  some  action  may  be  taken, 
which  may  lead  to  a  harmonious  adjustment  of  all  the  matters  at  issue." 
—1892,  pp.  63,  64. 

7.  Request  of  Union  Seminary  for  annulment  of  the 
agreement  of  1870. 
While  there  exists  the  undoubted  right  of  either  party  to  the  agreement 
of  1870  to  act  alone  in  its  abrogation,  yet  this  memorial  is  submitted 
with  the  earnest  hope  that  your  reverend  body  may  cordially  concur 
with  us  in  annulling  the  arrangement  of  1870,  thus  restoring  Union 
Seminary  to  its  former  relations  to  the  General  Assembly. — 1892,  p.  67. 

8.    The  Assembly  declines  to  break  the  agreement  of  1870. 

Having  due  regard  to  the  overtures  and  all  the  other  papers  in  the  case 
of  Union  Theological  Seminary,  etc.,  referred  to  the  Committee,  the 
Assembly  takes  the  following  action: 


OF   THE   GENERAI.    ASSEMBLY.  471 

1.  That  tlie  Assembly  indorses  the  interpretation  of  the  compact  of 
1870  as  expressed  by  the  action  of  the  Assembly  of  1891. 

2.  That  the  Assembly  declines  to  be  a  party  to  the  breaking  of  the 
compact  with  Union  Theological  Seminary. 

3.  That  the  Assembly  is  persuaded  that  the  Church  should  have  direct 
connection  with  and  control  over  its  theological  seminaries. — 1892,  p.  176. 

9.    The  Assembly  proiFers  arbitration. 

An  additional  paper  on  the  arbitration  of  the  theological  seminary 
compact  of  1870,  in  the  matter  of  the  transfer  of  a  professor  from  one 
chair  to  another  in  the  same  seminary,  was  presented,  adopted,  and  is  as 
follows : 

Resolved,  1.  That  this  General  Assembly  recognizes  the  status  quo  as 
to  the  difference  of  interpretation  given  by  the  directors  of  Union  Sem- 
inary to  the  Theological  Seminary  Compact  of  1870,  from  that  given  by 
the  Assembly's  Committee  of  Conference,  and  in  accordance  with  the 
proposition  suggested  by  the  six  members  of  the  Committee  of  Conference 
in  their  supplementary  report,  this  General  Assembly  agrees  to  refer  the 
difference  of  intei'pretation  of  the  said  compact  of  1870,  as  to  transfers, 
to  a  Committee  of  Arbitration. 

Resolved,  2.  That  a  Committee  of  five  membei*s  representing  this 
Assembly  shall  be  appointed  by  the  Moderator,  which  shall  select  live 
persons  as  arbitrators,  to  meet  a  like  number  selected  by  the  directors  of 
Union  Seminary;  and  these  ten  shall  select  five  others;  and  by  the 
fifteen  thus  chosen  shall  the  interpretation  of  this  compact,  viz.,  as  to 
the  transfer  of  a  professor,  be  decided, — 1892,  pp.  176,  177. 

10.    Report  on  arbitration,  1893. 

On  the  16th  of  July,  1892,  the  Stated  Clerk  of  the  General  Assembly 
notified  the  Board  of  Directors  of  Union  Seminary  of  the  appointment 
of  arbitrators  who  were  to  confer  with  said  Board ;  and  on  the  4th  of 
August,  1892,  the  chairman  of  this  Committee  communicated  the 
action  of  the  General  Assembly  in  regard  to  the  appointment  of  arbitra- 
tors, and  the  duties  assigned  them,  to  ]\Ir.  E.  M.  Kingsley,  the  secretary 
or  recorder  of  the  Board  of  Directors  of  Union  Seminary,  and  received 
from  him  a  reply,  dated  August  6,  1892,  in  which  he  stated,  in  substance, 
that  it  would  be  impracticable  for  the  Board  of  Directors  to  meet  and 
take  any  action  on  the  subject  before  the  middle  of  October. 

On  the  8th  of  November,  1892,  your  Committee  received  a  communi- 
cation from  the  Board  of  Directors  of  Union  Seminary  in  which  they 
say: 

"  Since  the  meeting  of  the  General  Assembly  at  Portland,  by  an 
almost  unanimous  vote — a  vote  of  nineteen  to  one — this  Board  has 
rescinded  the  resolution  of  1870,  adopting  the  memorial  to  the  General 
Assembly,  in  which  a  veto  on  the  election  of  professors  was  offered  to 
that  body,  thus  terminating  the  special  relation  then  constituted  between 
the  General  Assembly  and  Union  Seminary.  By  this  action,  the  ques- 
tion whether  a  transfer  is  an  election,  and  suljject,  therefore,  to  the 
Assembly's  veto,  is  no  longer  to  us  an  open  question.  Therefore,  no 
further  action  in  this  matter  is  called  for." 

As  your  Committee  was  appointed  to  arbitrate  a  single  question  at  issue 
between  the  General  Assembly  and  the  Board  of  Directors  of  Union 
Seminary,  and  as  the  foregoing  action  of  the  Board  of  Directors,  taken, 


472  FORM    OF   GOVERNMENT,    CHAP.    XII. 

as  we  uiiderstaud,  on  the  13th  of  October,  1892,  without  waiting  for  a 
conference  with  the  Assembly's  Committee,  shows  that  the  Board  has 
declined  to  have  the  question  at  issue  arbitrated. — 1893,  p.  159. 

11.  The  resolution  of  the  directors,  May  16,  1870,  rescinded;  and 
the  arrangement  between  the  Union  Theological  Seminary  and 
the  General  Assembly  alleged  to  be  terminated. 

The  following  communication  was  received: 

"New  York,  October  15,  1892. 
"  At  a  special  meeting  of  the  Board  of  Directors  of  this  institution, 
held  on  the  13th  inst.,  '  to  consider  the  relations  of  the  seminary  to  the 
General  Assembly, '  the  paper  herewith  enclosed,  after  the  most  careful 
and  deliberate  consideration,  was  adopted  with  singular  unanimity. 

E.   M.   KiNGSLEY,   Recorder." 

The  Board  of  Directors  of  the  Union  Theological  Seminary  in  the  city 
of  New  York  ad'dressed  a  memorial  to  the  General  Assembly  of  the 
Presbyterian  Church  in  the  United  States  of  America,  which  met  at 
Portland,  May  19,  1892.  In  that  paper  we  stated,  with  the  utmost 
courtesy,  some  of  the  practical  reasons  which  render  it  necessary,  in  our 
judgment,  that  the  veto  power  conceded  to  the  General  Assembly  in 
1870  should  no  longer  reside  in  that  body.  The  memorial  concluded 
with  this  language:  "  There  are  other  and  weighty  considerations  which 
we  have  preferred  not  to  urge.  While  there  exists  the  undoubted  right 
of  either  party  to  the  agreement  of  1870  to  act  alone  in  its  abrogation, 
yet  this  memorial  is  submitted  with  the  earnest  hope  that  your  reverend 
body  may  cordially  concur  with  us  in  annulling  the  arrangement  of  1870, 
thus  restoring  Union  Seminary  to  its  former  relations  to  the  General 
Assembly."  The  hope  thus  expressed  was  disappointed.  With  no 
official  notice  whatever  of  the  reasons  assigned  by  us,  the  answer  to  our 
memorial  was:  "  That  the  Assembly  declines  to  be  a  party  to  the  break- 
ing of  the  compact  with  Union  Theological  Seminary."  In  view  of 
this  action  of  the  late  General  Assembly,  we  are  constrained  now  to  urge 
those  considerations  which  we  had  preferred  to  reserve.  They  are 
constitutional  and  legal. 

1.  The  Comtilutional  Considerations. — There  is  no  provision  whatever 
in  our  charter  or  Constitution  for  "  the  principle  of  Synodical  or  Assem- 
bly supervision."  The  Committees  on  Keunion  and  both  Assemblies  in 
1869  recognized  this  important  fact,  and  advised  the  introduction  of 
that  principle  into  our  Constitution.  Upon  this  advice  no  action  was 
taken.  The  Constitution  was  not  changed.  Therefore  the  seminary 
could  not  rightfully  give,  and  the  Assembly  could  not  rightfully  receive 
or  exercise,  the  veto  power  under  our  existing  charter  and  Constitution. 

2.  The  Legal  Considerations. — Since  the  action  of  the  General  Assem- 
bly at  Portland,  our  Board  has  obtained  the  best  legal  advice  as  to  the 
points  at  issue  between  the  seminary  and  the  Assembly.  This  advice 
leaves  us  no  room  to  doubt  that,  under  the  laws  of  the  State  of  New 
York,  the  attempted  agreement  of  1870  was  beyond  the  powers  of  the 
Board  of  Directors  of  the  seminary.  We  "  cannot  abdicate  any  of  our 
official  duties  in  whole  or  in  part. ' ' 

Therefore,  as  the  sole  directors  of  Union  Seminary,  we  are  compelled 
by  the  practical  considerations  presented  in  our  memorial,  and  by  consti- 
tutional and  legal  considerations,  to  maintain  our  rights  and  to  fulfill  our 


OF   THE    GENERAL    ASSEMBLY.  473 

chartered  obligations,  which  can  be  neither  suiTendered  nor  shared.  In 
this  action  we  regret  deeply  that  we  have  been  refused  that  concurrence 
of  the  Assembly  which  we  respectfully  asked,  and  which  would  have  done 
much  towards  softening  the  past  and  relieving  the  present.  Obliged  to 
act  alone  for  the  protection  of  the  institution  committed  to  our  care,  and 
actuated  by  sincere  regard  for  the  highest  interests  both  of  Union  Sem- 
inary and  of  the  Church  we  love,  we  do  now 

1.  Resolve,  That  the  resolution  passed  May  16,  1870,  adopting  the 
memorial  to  the  General  Assembly  of  thfe  Presbyterian  Church  in  the 
United  States  of  America,  which  provided  that  all  appointments  of 
pi'ofessors  "  shall  be  reported  t(j  the  General  Assembly,  and  no  such 
appointment  of  professor  shall  be  considered  as  a  complete  election  if 
disapproved  by  a  majority  vote  of  the  Assembly,"  be,  and  the  same  is, 
hereby  rescinded. 

2.  Resolve,  That  the  said  arrangement  between  the  Union  Theological 
Seminary  in  the  city  of  New  York  and  the  General  Assembly  of  the 
Presbyterian  Church  in  the  United  States  of  America  be,  and  the 
same  is,  hereby  terminated;  thus  reinstating  the  relations  between  the 
seminary  and  the  General  Assembly  as  they  existed  prior  to  May,  1870. 

3.  Resolve,  That  official  notice  of  the  action  be  duly  given  to  the  Gen- 
eral Assembly,  and  also  to  the  public,  with  the  assurance  of  the  undim- 
inished loyalty  of  Union  Seminary  to  the  docti'iue  and  government  of 
the  Presbyterian  Church  in  the  United  States  of  America,  to  which  the 
directors  and  faculty  are  personally  bound  by  their  official  vow,  and  of 
our  earnest  desire  for  the  restoration  of  our  former  relations  to  the 
General  Assembly.— 1893,  pp.  157,  158. 

12.    Action  of  the  Assembly,  1893.     All   responsibility   for  teaching 
disavowed.     Reports  declined. 

The  report  of  the  Standing  Committee  on  Theological  Seminaries,  to 
which  the  above  communication  was  referred,  was  adopted: 

To  the  special  communication  from  the  directors  of  Union  Seminary, 
your  Committee  have  given  careful  and  prolonged  consideration.  While 
they  would  recommend  the  Assembly  to  recognize  the  fact  that  the 
directors  of  Union  Seminary  have  declared,  upon  their  own  motion  and 
authority,  that  the  compact  of  1870  is  void  and  of  no  binding  effect, 
and  while  insisting  that  such  action  is  wholly  without  warrant,  yet  they 
advise  the  Assembly,  for  the  present,  simply  to  place  on  record,  by  way 
of  protest,  its  view  of  the  situation. 

For  twenty-one  years  the  most  cordial  relations  existed  between  Union 
Theological  Seminary  and  the  General  Assembly.  In  the  discharge  of 
what  seemed  its  plain  but  most  painful  duty,  the  General  Assembly  at 
Detroit  declared  its  disapproval  of  the  appointment  of  Prof.  Briggs  to 
the  Chair  of  Biblical  Theology.  The  Board  of  Directors,  instead  of 
removing  Dr.  Briggs,  or  at  least  requiring  him  to  desist  from  teaching 
in  the  seminary  until  the  question  at  issue  between  the  Assembly  and 
the  seminary  as  to  the  full  and  proper  meaning  of  the  compact  had 
been  decided,  resolved  to  continue  Dr.  Briggs  in  the  chair  which  the 
Assembly  had  declared  he  ought  not  to  occupy.  This  action  was  the 
more  questionable,  because  the  Assembly  appointed  a  Committee  of 
fifteen  "  to  confer  with  the  directors  of  the  Union  Theological  Seminary 
in  regard  to  the  relation  of  the  said  seminary  to  the  General  Assembly." 

This  conference  resulted  in  practical  failure  to  remove  the  misunder- 


474  FORM  OF  GOVERNMENT,  CHAP.  XII. 

standing,  ami  it  was  so  reported  to  the  Assembly  of  1892,  meeting  iu 
Portland.  That  Assembly  appointed  five  arbitrators  to  meet  a  like 
number  selected  by  the  directors  of  Union  Seminary,  with  power  to 
select  five  others,  to  determine  the  interpretation  of  the  compact,  viz., 
as  to  the  transfer  of  a  professor.  The  Stated  Clerk  of  the  Assembly 
notified  the  directors  of  the  seminary  on  July  16,  1892,  that  the  Assem- 
bly had  appointed  such  a  Committee  of  Arbitration.  On  the  4th  of 
August,  Dr.  T.  Ralston  vSmith,  chairman  of  the  Committee,  addressed  a 
similar  communication  to  the  directors.  To  this  letter  the  recorder  of 
the  Board  responded  that  the  Board  could  not  take  any  action  before 
the  middle  of  October.  On  the  15th  of  October,  the  Board  of  Direc- 
tors met  and  resolved  to  terminate  the  compact.  This  action  was  taken 
nearly  three  months  after  the  Board  had  been  officially  informed  of  the 
appointment  of  a  Committee  of  Arbitration,  and  before  any  opportunity 
was  given  to  the  Committee  of  the  General  Assembly  to  present  their 
case.  This  extraordinary  action  of  the  Board  of  Directors  is  inexplica- 
ble to  the  Assembly.  The  high  character  of  the  gentlemen  composing 
the  Board  fully  warranted  the  expectation  that  so  fair  a  proposition  as 
that  of  arbitration  would  not  be  treated  in  such  a  way.  While  there 
remained  to  the  Assembly  the  hope  that  by  conference  or  arbitration 
the  difficulty  that  had  arisen  would  be  removed,  the  Assembly  did  not 
think  it  best  to  discusvS  the  points  raised  by  the  directors  of  Union 
Seminary  in  attempted  justification  of  their  action.  But  now  the 
Assembly  takes  issue  with  the  statement  made  in  the  memorial  presented 
to  the  Portland  Assembly  that  "  there  exists  the  undoubted  right  of 
either  party  to  the  agreement  of  1870  to  act  alone  in  its  abrogation." 
No  such  right  is  expressed  in  the  agreement,  and,  in  the  nature  of  things^ 
no  agreement  where  valuable  interests  are  involved^  not  to  say  valuable 
considerations  are  given  and  received,  can  in  good  morals  be  abrogated 
by  one  party  to  the  agreement  without  the  consent  and  against  the 
expressed  desire  of  the  other  party.  The  claim  that  the  words  of  Dr. 
Musgrave,  spoken  in  the  Old  School  Assembly  of  1869,  and  quoted  by 
the  directors  in  their  memorial  to  the  Portland  Assembly,  give  warrant 
to  either  party  to  abrogate  the  agreement,  is  not  in  accordance  with  a 
proper  understanding  of  those  words.  The  "declaration"  referred  to 
by  Dr.  Musgrave  was  not  a  compact  or  covenant  as  one  of  the  terms  of 
reunion.  The  relation  of  the  seminaries  to  the  Assembly  was  a  difficult 
problem.  The  arrangement  in  the  "declaration ' '  he  was  discussing  proved 
to  be  unacceptable  to  Union  Seminary,  and  was  not  adopted.  The 
following  year  Union  Seminary  came  to  the  Assembly  with  a  memorial 
setting  forth  an  arrangement  which  was  accepted  by  the  Assembly  and 
agreed  to  by  all  the  seminaries.  This  is  the  compact  or  arrangement, 
not  discussed  by  Dr.  Musgrave  in  1869,  which  Union  Seminary  has 
declared  on  its  own  motion  that  it  has  abrogated.  Whatever  force  the 
constitutional  and  legal  objections  may  have  to  the  making  and  continu- 
ance of  such  a  compact  by  the  directors,  there  was  an  easy  and  simple 
way  to  remove  them  if  the  directors  so  desired.  The  Legislature  of  the 
State  of  New  York  would  doubtless  have  amended  the  charter  if  the 
directors  had  requested  it. 

Because,  then,  of  the  strange  and  unwarranted  action  of  the  directors 
in  retaining  Dr.  Briggs  after  his  appointment  had  been  disapproved  by 
the  Assembly;  and  because  of  the  refusal  by  the  directors  to  arbitrate 
the  single  point  in  dispute  between  the  Assembly  and  the  Board;  and 


OF   THE    GENERAL   ASSEMBLY.  475 

because  of  tlie  attempt  by  the  Board  and  on  its  own  motion  and  against 
the  expressed  desire  of  the  Assembly  to  abrogate  the  compact  of  1870, 
the  Assembly  disavows  all  responsibility  for  the  teaching  of  Union  Sem- 
inary, and  declines  to  receive  any  report  from  its  Board  until  satisfactory 
relations  are  established.  The  Assembly,  however,  cherishes  the  hope, 
and  will  cordially  welcome  any  effort  to  bring  Union  Seminary  into  such 
a  relationship  with  itself,  as  will  enable  the  Assembly  to  commend  the 
institution  again  to  students  for  the  ministry. — 1893,  p.  161. 

13.    The  Board  of  Education  enjoined  to  aid   such  students  only  as 
are  in  attendance  upon  seminaries  approved  by  the  Assembly. 
Your  Committee  would  further  recommend  that  the  Board  of  Educa- 
tion be  enjoined  to  give  aid  to  such  students  only  as  may  be  in  attendance 
upon  seminaries  approved  by  the  Assembly.     Adopted. — 1893,  p.  161. 

14.    Action  of  the   directors  on  the  Assembly's  plan  of  1894. 

Whereas,  The  General  Assembly's  Committee  of  Conference  Avith  the 
Theological  Seminaries,  through  its  chairman,  the  Rev.  William  C. 
Young,  D.D.,  has,  under  date  of  September  1,  1894,  requested  the 
Board  of  Directors  of  Union  Theological  Seminary  to  adopt  the  recom- 
mendations of  the  General  Assembly  with  reference  to  the  amendment  of 
our  charter,  and  in  case  of  our  unwillingness  to  do  so,  has  asked  us  to 
arrange  for  a  conference,  therefore. 

Resolved,  That  the  Board  of  Directors  of  Union  Theological  Seminary 
respectfully  declines  to  accede  to  the  recommendation  of  the  General 
Assembly  to  seek  the  amendment  of  our  charter,  and  hence  considers  a 
conference  unnecessary. — 1895,  p.  160. 

15.   Action  of  the  Assembly,  1896. 

The  Committee  of  Conference  with  the  Theological  Seminaries  also 
reported  on  certain  inquiries  concerning  Union  Seminary,  which  it  was 
directed  to  make.     The  report  was  adopted,  and  is  as  follows: 

In  reply  to  the  request  made  by  the  General  Assembly  of  this  Commit- 
tee, to  inquire  into  and  report  to  the  next  General  Assembly  as  to  the  rights 
of  the  Presbyterian  Church  in  the  United  States  of  America,  in  the 
property  now  held  by  the  Union  Theological  Seminary  in  the  city  of 
New  York,  and  to  recommend  what  measures  shall  be  taken  to  enforce 
said  rights,  we  respectfully  submit  that  the  property  and  funds  held  by 
the  Union  Seminary,  contributed  during  the  existence  of  the  compact 
between  the  seminary  and  the  General  Assembly,  viz.,  between  1870-92, 
were  contributed  to  it  as  a  seminary  which  had  entered  into  such  rela- 
tions with  the  General  Assembly  as  gave  the  Assembly  control  over  the 
election  of  its  professors  and  secured  to  it  the  Assembly's  expressed 
approval,  and  thus  enabled  it  to  secure  a  large  sum  from  the  Memorial 
Fund  of  1870,  under  the  definite  understanding  that  it  had  positive 
connection  with  the  Presbyterian  Church  as  a  seminary;  and  that  it  had, 
during  this  period,  definitely  recognized  this  relation  in  its  appeals  for  an 
increased  endowment;  and  we  furthermore  report  that  in  view  of  the 
repudiation  by  the  seminary  of  the  compact  of  1870,  and  the  disregard 
of  the  Assembly's  authority  and  discipline  in  the  case  of  one  of  its 
professors,  who,  notwithstanding  his  suspension  by  the  General  Assem- 
bly, is  retained  in  his  position  in  the  seminary,  we  are  compelled  to 
believe  and  to  report  that  the  present  administration  of  the  funds  is  not 
in  accord  with  the  intention  of  the  donors  during   the  period  above 


476  FORM    OF    CiOVERNMENT,    CHAP.     XII. 

named.  Nevertheless,  while  we  are  compelled  to  make  this  declaration, 
we  deem  it  inexpedient  to  recommend  the  General  Assembly  at  the 
present  time  to  euter  into  any  contest  in  the  matter  of  the  endowments 
and  property  of  the  seminary,  choosing  rather  to  leave  the  whole  matter 
to  the  honor  and  stewardship  of  those  now  in  charge  of  the  seminary. 
—1896,  p.  123. 

VI.       DANVILLE  THEOLOGICAL  SEMINARY. 

[Note. — Located  at  Danville,  Ky. 

For  preliminary  proceedings  see  Baird's  Diqest,  1858,  pp.  447-453 ;  see  also  for  action 
of  the  Assembly,  Moore's  Digest,  1886,  p.  390-39.3.] 

1.    Plan  as  amended  by  the  Assembly  of  1873. 
/.      Location — Name. 

1.  The  General  Assembly  of  1853,  upon  the  careful  consideration  of 
the  whole  subject,  located  this  theological  seminary  at  Danville  in  the 
State  of  Kentucky. 

§  The  minutes  of  that  Assembly  show  upon  what  numerous  and 
urgent  appeals  the  question  of  founding  this  seminary  was  taken  up. 
They  also  show  that  it  was  by  a  unanimous  vote  of  the  Assembly  that 
it  was  resolved  to  found  the  seminary;  and  by  another  unanimous  vote 
resolved  to  determine  its  location  by  the  vote  of  the  Assembly  then  met. 

2.  The  commis.sioners  in  that  Assembly  from  the  Presbyteries  within 
the  bounds  of  the  Synod  of  Kentucky,  proposed  in  writing  that  if  the' 
Assembly  would  erect  and  sustain  a  theological  seminary  under  its 
own  care,  of  the  first  class,  to  be  located  in  the  West,  the  Synod  and 
people  of  Kentucky  would  contribute  the  sum  of  $20,000  towards  the 
endowment  of  one  chair  in  said  seminary,  irrespective  of  its  particular 
location.  But  if  the  seminary  should  be  located  at  Danville,  in  the 
State  of  Kentucky,  then  the  Synod  and  people  of  that  State  would  give 
the  sum  of  $60,000  towards  the  endowment  of  three  chaii*s  in  said 
seminary;  and  would  also  furnish  not  less  than  ten  acres  of  land  as  a  site 
for  the  perpetual  location  of  it;  and  would  secure  to  the  Assembly,  by 
proper  covenants,  the  use  of  such  charters  and  franchises  then  held,  or 
that  might  afterwaijis  be  obtained  from  the  civil  authorities  of  the  State 
of  Kentucky,  as  would  enable  the  General  Assembly  to  erect,  endow, 
manage,  and  carry  on  perpetually,  under  its  own  care  and  control,  a 
theological  seminary  of  the  first  class. 

§  Full  proof  is  in  possession  of  this  Assembly  of  1854,  and  is  pub- 
lished by  its  authority,  that  all  these  undertakings  have  been  complied 
with  by  the  Synod  and  people  of  Kentucky,  and  some  of  the  more 
important  of  them  exceeded.  The  location  of  the  seminary  at  Danville 
in  Kentucky  by  the  Assembly  of  1853,  and  the  pledge  of  that  Assem- 
bly to  strive  with  Divine  aid  to  ei'ect,  endow,  and  sustain  the  said 
seminary,  under  its  own  care  and  as  one  of  the  fir.st  class,  are  both 
hereby,  and  in  consideration  of  the  premises,  ratified  and  made  perma- 
nent and  absolute. 

§  The  agreement  by  way  of  covenant  between  the  General  Assembly 
by  its  Committee  appointed  in  1853  on  the  one  side,  and  the  Board  of 
Trustees  of  the  Centre  College  of  Kentucky  on  the  other  side,  which 
has  l)een  laid  before  the  Assembly  of  1854,  is  hereby  ratified  in  its  terms. 
And  the  further  agreement  between  the  said  Committee  of  the  Assem- 
bly on  the  one  side  and  the  Synod  of  Kentucky  on  the  other  side,  by 


OF   THE   GENERAL   ASSEMBLY.  477 

way  of  covenant,  is  hereby  ratified  in  its  terms.  And  the  additional 
charter  obtained  by  the  said  Committee  from  the  Legislature  of  Ken- 
tucky, and  the  amendment  thereto,  are  accepted  and  ratified  in  the  terms 
thereof  by  this  Assembly.  And  b&th  of  said  agreements,  and  also  the 
said  additional  charter  with  its  amendment,  are  made  parts  of  the 
permanent  plan  on  which  the  theological  seminary  to  which  they  all 
relate,  is  to  be  erected,  endowed,  sustained,  and  controlled  by  the  Genei'al 
Assembly  of  the  Presbyterian  Church  in  the  United  States  of  America. 

3.  The  name  and  style  of  the  said  theological  seminary  shall  be  and 
continue  as  enacted  by  the  General  Assembly  of  1853,  in  the  acts  erect- 
ing and  organizing  it,  and  as  confirmed  in  the  charter  and  its  amendment 
granted  by  the  Legislature  of  Kentucky  on  the  application  of  the  Com- 
mittee of  the  Assembly,  "  The  Danville  Theological  Seminary  under  the 
care  of  the  General  Assembly  of  the  Presbyterian  Church  in  the  United 
States  of  America. ' ' 

II.     Design  of  the  institution — Mode  of  conducting  it. 

1.  The  design  of  this  seminary  is  to  provide  the  means  for  the  proper 
professional  training  of  candidates  for  the  ministry  of  the  Gospel. 

§  Candidates  for  the  ministry  who  are  members  of  the  Presbyterian 
Church  in  the  United  States,  are  those  who  are  chiefly  designed  to  be 
benefited,  and  who  are  in  the  first  instance  to  be  considered  and  provided 
for. 

§  Other  suitable  persons,  of  which  the  proper  officers  of  the  institution 
must  judge,  may  enjoy  the  privileges  of  the  seminary,  though  they  be 
candidates  for  the  ministry  in  other  denominations  or  already  ministers 
of  the  Gospel,  upon  their  complying  with  all  the  rules  and  orders  obliga- 
tory upon  the  other  students. 

§  No  charge  shall  be  made  for  any  instruction  given  to  the  students  in 
this  seminary  by  any  professor  or  teacher  thereof.  So  far  as  the  students 
are  concerned,  all  instruction  is  gratuitous  to  all. 

2.  By  professional  training  it  is  designed  to  exclude  from  the  course  of 
instruction  pursued  in  this  seminary  whatever  falls  appropriately,  or 
according  to  the  custom  of  the  country,  under  the  departments  of 
primary,  academical,  collegiate  and  university  education ;  and  to  include 
all  that  falls  specially  under  the  department  of  professional  education  for 
a  minister  of  the  Gospel,  so  as  to  fit  him  for  whatever  work  the  Church 
may  properly  expect  of  him  as  such.  The  acquisitions  excluded,  the 
student  is  presumed  to  have  made  as  far  as  is  necessary  to  his  success  in 
the  ministry  before  he  comes  to  this  seminary.  The  portion  included,  it 
is  the  design  of  this  institution  to  afford  the  means  of  obtaining. 

§  The  Standards  of  the  Presbyterian  Church;  the  acts  of  its  General 
Assemblies  passed  from  time  to  time ;  this  plan ;  the  orders  of  the  Board 
of  Directors  of  this  seminary;  and  the  decisions  of  its  faculty  and  the 
several  professors  who  at  any  time  compose  it,  must  determine  the  proper 
course  of  that  professional  training,  so  far  as  this  seminary  is  concerned, 
and  the  proper  mode  of  pursuing  it. 

§  That  professional  training  in  its  appropriate  sphere,  must  be  under- 
stood as  extending  to  everything,  seeing  that  it  contemplates  a  profession 
the  most  peculiar,  the  most  difficult,  and  the  most  exalted.  Not  only 
that  which  is  social  and  public,  but  also  that  which  is  private  and  per- 
sonal; not  only  study  and  instruction,  but  discipline  and  practice;  not 
only  growth  in  knowledge,  but  growth  in  grace  also;  everything  is  to  be 


478       ..      FORM  OF  GOVERNMENT,  CHAP.  XII. 

embraced,  according  to  its  importance  in  the  future  career  of  a  minister 
of  the  blessed  Gospel.  • 

3.  As  this  institution  derives  its  origin  from  the  General  Assembly, 
that  body  is  to  be  considered  its  patrwi  and  the  fountain  of  its  powers; 
and  it  shall  be  conducted  under  the  authority,  oversight  and  care  of  the 
General  Assembly. 

§  Its  immediate  interests,  in  their  various  aspects  and  departments, 
are  committed  in  part  to  the  control  and  discretion  of  the  Board  of 
Directors;  in  part  to  that  of  the  faculty,  made  up  of  the  professors  for 
the  time  being;  and  in  part  to  that  of  the  Board  of  Trustees  under  the 
charter  of  the  seminary. 

§  A  chapter  in  this  plan  is  devoted  to  each  of  these  subordinate 
authorities,  and  an  additional  one  to  the  students  of  the  institution. 
Under  these  four  heads,  all  the  general  principles  and  all  the  detailed 
application  of  them  further  necessary  in  a  plan  like  this,  will  be  stated. 

III.      The  Board  oj  Directors. 

1.  The  Board  of  Directors  as  constituted  at  the  expiration  of  the 
sessions  of  the  General  Assembly  of  1873,  and  their  successors  appointed 
in  the  manner  hereafter  provided  for,  shall  have  the  immediate  control 
of  the  seminary,  and  are  authorized  to  exercise  all  the  control  of  the 
funds  belonging  to  the  institution  hitherto  exercised  by  the  Assembly,  as 
far  as  can  be  done  consistently  with  the  will  of  the  testators  or  donors, 
and  consistently  with  the  objects  and  purposes  of  the  covenants 
and  agreements  referred  to  in  the  plan  of  the  seminary — the 
exercise,  however,  of  such  control  of  the  funds  by  the  Board  of  Direc- 
tors hereby  authorized  being  always  subject  to  the  veto  of  the  General 
Assembly.  But  all  matters  relating  to  finance,  such  as  fixing  the  salary 
of  professors  and  the  extent  of  aid  to  be  given  to  indigent  students,  shall 
be  submitted  by  the  Board  of  Directors  to  the  trustees  of  the  seminary 
for  their  approval. 

The  true  and  only  intent  and  meaning  of  the  amendments  and  changes 
now  made  in  the  plan  of  the  seminary,  are,  through  the  enlarged  powers 
of  general  administration  herein  conferred  upon  the  Board  of  Directors, 
to  provide  a  more  convenient  and  effective  mode  of  executing  by  the 
General  Assembly,  through  said  Board,  the  trusts  it  now  holds  in  refer- 
ence to  the  seminary  and  its  funds,  and  to  increase,  by  a  more  efficient 
local  administration,  the  usefulness  of  the  institution  for  the  purposes  for 
which  it  was  established. 

§  The  Board  of  Directors  shall  consist  of  thirty  members,  of  whom 
one-half  shall  be  ministers  of  the  Gospel,  and  the  other  half  ruling 
elders  in  good  standing  in  the  Presbyterian  Church  in  the  United  States 
of  America.  These  directors  shall  be  divided  into  three  sections  of  ten 
persons  each,  one-half  of  each  section  being  ministers  of  the  Gospel, 
and  the  other  half  ruling  elders;  and  one  of  these  sections  of  ten  persons 
shall  be  elected  by  the  Board  of  Directors,  and  all  vacancies  filled  in  the 
two  other  sections,  at  each  annual  meeting  of  the  Board  in  such  manner 
that  each  section  shall  serve  three  years  and  until  their  successors  are 
elected;  and  the  third  part  of  the  whole  Board  shall  be  elected  every 
year.  The  form  of  the  election  shall  be  as  the  Board,  from  time  to  time, 
shall  prescribe;  and  all  these  elections  shall  be  subject  to  the  veto  of  the 
General  Assembly,  to  which  body  they  shall  be  reported  at  its  next 
meeting  thereafter. 


OF    THE   GENERAL    ASSEMBLY.  479 

The  members  of  the  Board  appointed  by  the  General  Assemblies  of 
1871,  1872  and  1873,  shall  serve  out  the  terms  for  which  they  were 
respectively  appointed;  and  the  first  election  by  the  Board  itself  shall  be 
made  at  the  annual  meeting  in  1874,  to  fiU  all  vacancies  that  may  exist 
at  that  time  in  its  body. 

•  §  Every  director,  before  he  takes  his  seat  as  such,  shall  subscribe  in 
the  presence  of  the  Board  a  written  declaration,  to  be  kept  in  a  book  for 
that  purpose,  that  he  sincerely  and  truly  receives  and  adopts  the  Stand- 
ards of  doctrine,  government,  discipline  and  worship  of  our  Presbyterian 
Church.  And  every  director  who  refuses  or  who  fails,  without  some 
sufficient  excuse,  for  one  whole  year  next  after  his  ele.ctiou  to  appear  and 
qualify  and  take  his  seat,  shall  thereby  forfeit  his  right  to  do  so,  and  his 
place  shall  thereon  become  vacant. 

§  The  Board  of  Directors  shall  meet  on  its  own  adjournment,  or  it  may 
be  convened  by  a  call  on  due  notice  of  any  one  of  its  permanent  officers, 
or  by  any  five  members  of  the  Board.  Its  ordinary  place  of  meeting 
shall  be  Danville  in  Kentucky;  but  it  may  meet  at  any  other  place  where 
the  convenience  of  the  Board,  or  the  interests  of  the  seminary,  may 
require  it.  Any  six  members  met  together  at  the  time  and  place  previ- 
ously appointed,  shall  be  a  quorum  competent  to  transact  any  business 
not  specially  excepted.  The  annual  meeting  of  the  Board  shall  be  at 
the  seminary,  about  the  close  of  the  seminary  year,  and  shortly  before 
the  annual  meeting  of  the  Assembly. 

2.  The  Board  of  Directors  shall  have  power  to  elect  the  professors, 
and  to  remove  them  from  office — such  election  and  removal  being  subject 
to  the  veto  of  the  General  Assembly.  The  said  Board  shall  also  have 
power  to  suspend  temporarily  a  professor,  preliminary  to  and  pending  an 
investigation  of  charges  against  his  life  or  doctrine.  In  the  event  of  a 
vacancy  in  any  chair  of  the  seminary,  they  may  employ  any  suitable 
person  to  give  instruction  temporarily  in  the  vacant  department ;  and 
they  may  also,  upon  the  recommendation  of  the  faculty  of  the  semi- 
nary, engage  the  services  of  any  suitable  person  to  give  occasional  instruc- 
tion to  the  pupils  upon  any  particular  subject. 

§  They  shall  have  power  to  make  all  necessary  by-laws,  rules  and 
regulations  for  the  transaction  of  their  official  business  as  may  seem 
necessary,  and  to  change  them  from  time  to  time;  but  none  of  them  must 
conflict  with  this  Plan. 

§  They  may  appoint  Permanent  Committees,  having  all  the  powers  of 
the  Board  or  any  part  thereof,  to  act  during  the  recess  of  the  Board. 
But  all  such  Committees  must  report  at  every  meeting  of  the  Board,  and 
all  of  them  must  be  renewed  a  least  once  every  year,  or  their  powers 
cease. 

§  They  may  also  appoint  such  officers,  agents  and  servants — iiiembers 
of  the  Board — to  exercise  certain  powers  thereof;  or  not  members  of 
the  Board,  to  discharge  certain  functions  on  its  behalf,  as  may  be  thought 
necessary  from  time  to  time.  And  such  compensation  may  be  allowed  to 
such  persons  as  the  Board  may  consider  reasonable,  out  of  any  funds 
subject  to  control  of  the  Board. 

3.  It  appertains  to  the  Board  of  Directors  to  exercise  a  general  super- 
vision over  the  professors,  teachers  and  pupils  of  the  seminary;  to  take 
care  of  all  the  great  interests  thereof;  and,  standing  between  the  semi- 
nary and  the  General  Assembly,  to  be  the  ordinary  medium  of  communi- 
cation between  them. 


480  FORM  OF  GOVERNMENT,  CHAP.  XII. 

§  The  special  object  of  this  arrangement  is,  that  on  the  one  hand  the 
Assembly  may  have  the  assurance,  derived  from  the  careful  superinten- 
dence of  the  Board  of  Directors,  that  its  acts  and  purposes  are  fairly  and 
truly  carried  out  in  the  seminary,  and  with  regard  to  it;  and  on  the  other 
hand,  that  on  the  part  of  the  j^rofessors,  teachers,  students,  and 
general  interests  of  the  seminary,  such  representations  may  be  statedly 
made  to  the  Assembly  as  will  encourage  and  enable  it  to  execute  the 
Lord's  purposes  of  mercy  by  this  means. 

§  The  management  of  the  funds  and  property  and  the  care  and  execu- 
tion of  the  charter  and  franchises  belonging  to  the  seminary,  are  duties 
and  powers  which  do  not  appertain  to  the  Board  of  Directors.  But  for 
the  furtherance  of  particular  objects,  which  may  be  at  any  time  specially 
important,  and  which  may  not  fall  under  the  particular  duties  of  the 
Board  of  Trustees,  the  Board  of  Directors  may  collect,  manage  and 
expend,  temporarily  or  permanently,  such  funds  as  may  be  necessary; 
keeping  a  regular  account  and  making  report  thereof  to  the  General 
Assembly. 

§  Whatever  money  may  at  any  time  be  collected,  managed  or  expended 
by  the  Board  of  Directors,  or  under  its  authority,  shall  be  kept  perfectly 
distinct  from  the  permanent  funds  of  the  seminary. 

4.  At  all  the  meetings  of  the  Board  of  Directors,  there  shall  be  such 
religious  services  as  shall  seem  expedient  to  the  Board.  And  at  its 
annual  meeting  there  shall  be  such  examinations  or  other  exercises,  pub- 
lic or  private,  of  the  students  of  the  seminary,  as  the  Board  may  direct. 
At  its  annual  meeting,  also,  the  Board  shall  draw  up  a  report  and  cause 
it  to  be  laid  before  the  General  Assembly,  giving  a  succinct  account 
of  the  preceding  year's  operations,  and  containing  such  suggestions  and 
recommendations  as  the  Board  may  consider  it  proper  to  make  to  the 
Assembly. 

5.  The  exact  period  of  each  year  at  which  the  exercises  of  the  seminary 
will  commence,  and  that  at  which  they  will  close ;  the  number  and  the  length 
of  the  terms  and  of  vacations ;  everything  relating  to  exhibitions,  exam- 
inations and  public  exercises ;  together  with  matters  of  a  similar  character, 
belong  to  the  Board  of  Directors,  and  are  to  be  determined  from  time  to 
time,  after  conference  with  the  professors,  in  such  manner  as  may  seem 
most  proper;  the  General  Assembly  hereby  reserving  to  itself  the  power  to 
make  such  further  provision  touching  all  such  matters  as  it  may  at  any 
time  consider  necessary. 

§  If  it  should  so  happen  that  less  than  six  members  of  the  Board  of 
Directors  should  convene  at  the  time  and  place  appointed  for  any  regular 
meeting  of  the  Board,  that  shall  not  absolutely  defeat  the  meeting;  but  as 
many  directors  as  may  be  present  shall  proceed  with  such  ordinary  busi- 
ness as  may  require  attention,  and  their  actings  and  doings  shall  be  valid 
unless  they  are  rescinded  at  the  next  regular  meeting  of  a  quorum  of 
the  Board. 

§  It  shall  be  the  duty  of  the  Board  of  Directors  to  take  care  that  the 
periodical  elections  of  the  members  of  the  Board  are  not  omitted;  that 
vacancies  in  the  office  of  professor  in  the  seminary  ai-e  duly  filled;  that 
newly  elected  directors  and  professors  are  duly  inducted  into  office ;  that 
all  persons  in  any  way  connected  with  the  seminary  faithfully  perform 
their  respective  duties;  and  that  all  the  interests  of  the  institution  are 
regularly  organized  and  faithfully  advanced,  according  to  the  great 
design  had  in  view  in  its  establishment  and  support. 


OF   THE   GENERAL   ASSEMBLY.  481 

§  The  Board  of  Directors  shall  keep  a  fair  journal  of  all  their  proceed- 
iags,  which  shall  be  open  at  all  times  to  the  inspection  of  the  Assembly, 
by  Committee  or  otherwise,  and  which  shall  be  laid  before  the  Assembly 
whenever  that  body  shall  require  it. 

IV.      The  Professors — The  Faculty. 

1.  The  professors  in  this  seminary  shall  be  elected  by  the  Board  of 
Directors  at  any  of  their  regular  meetings  or  at  a  meeting  specially  called 
for  that  purpose,  and  of  which  due  notice  shall  have  been  given.  The 
manner  of  the  election  shall  be  as  the  Board  shall  deem  proper  at  the 
time. 

§  They  shall  hold  their  respective  offices  during  the  pleasure  of  the 
Board  of  Directors.  But  a  quorum  of  the  Board  competent  to  dismiss  a 
professor  shall  consist  of  not  less  than  one-half  of  all  the  members. 

§  No  professor  shall  ever  be  elected  except  to  fill  a  chair  actually  exist- 
ing and  vacant ;  nor  shall  any  professor  ever  receive  merely  honorary 
authority  or  compensation  for  past  services  or  otherwise. 

§  No  one  shall  be  competent  to  hold  the  office  of  professor  who  is  not 
an  ordained  minister  in  good  standing  in  the  Presbyterian  Church,  and 
who  shall  not  have  been  statedly  engaged  as  such  in  some  employment 
immediately  connected  with  the  cure  of  souls  for  at  least  five  years  pre- 
ceding his  election. 

2.  The  number  of  professors  in  this  seminary  shall  be  increased  or 
diminished  at  the  pleasure  of  the  Board  of  Directors.  But  the  Board 
shall  at  all  times  feel  obliged  in  this  as  in  all  other  respects  to  treat  this 
seminary  as  one  of  the  first  class. 

§  The  professors  shall  be  inaugurated  in  such  manner  as  the  Board  of 
Directors  shall  prescribe. 

§  As  a  part  of  that  service,  and  before  any  professor  enters  upon  the 
duties  of  his  office,  he  shall  publicly  profess  that  the  Standards  of  doctrine, 
government,  discipline  and  worship  of  this  Church  are  the  Standards  of 
his  own  faith ;  and  he  shall  subscribe  a  writing,  to  be  kept  in  a  book  for 
that  purpose,  setting  forth  that  he  has  made  the  said  public  profession, 
and  solemnly  binding  himself  diligently  to  teach  the  system  contained  in 
said  Standards,  and  to  teach  nothing  contrary  to  that  system  so  long  as  he 
shall  continue  a  professor  in  this  seminary. 

§  Every  pi'ofessor  who  shall  fail  or  refuse  to  be  inaugurated  in  manner 
aforesaid,  in  a  reasonable  time  (to  be  judged  of  by  the  Board  of  Direc- 
tors) after  his  election,  shall  thereby  forfeit  all  right  to  said  office,  which 
shall  thenceforth  be  treated  as  vacant. 

§  No  professor  after  being  inaugurated  shall  be  at  liberty  to  resign  his 
office,  except  upon  six  months'  written  notice  to  the  faculty  of  the  semi- 
nary, unless  by  the  consent  of  the  Board  of  Directors  in  some  lawful 
meeting. 

3.  The  professors  shall  be  of  equal  rank  and  authority  one  with  another. 
But  when  they  meet  as  a  faculty,  and  when  they  act  jointly  upon  any 
occasion,  the  senior  professor  present  shall  preside ;  and  he  shall  perform 
in  the  name  of  the  whole  all  joint  official  acts.  If  two  or  more  professors 
were  elected  at  the  same  time,  the  one  longest  in  the  ministerial  office  shall 
be  considered  the  senior  one  of  them.  The  faculty  shall  elect  one  of 
their  number  to  act  as  their  Stated  Clerk,  who  shall  perform  the  duties 
proper  to  that  office. 

§  Unitedly  the  professors  shall  constitute  the  faculty  of  the  seminary. 
:U 


482  FORM  OF  GOVERNMENT,  CHAP.  XII. 

The  majority  of  tlie  professors  in  office  shall  be  a  quorum  to  do  business, 
lu  all  meetings  every  matter  shall  be  determined  according  to  the  votes  of 
the  larger  part  of  those  present,  the  presiding  professor  having  always  a 
right  to  vote. 

§  Each  professor  shall  devote  himself  to  the  duties  of  the  particular 
department  of  instruction  committed  to  him.  And  the  faculty  as  a  body 
shall  have  a  joint  advisory  oversight  of  the  conduct  of  each  separate  pro- 
fessor, as  to  the  manner  in  which  his  duties  are  discharged. 

4.  At  present,  and  till  the  further  order  of  the  Board  of  Directors, 
there  shall  be  four  professors  in  this  seminary;  and  till  the  further  order 
of  said  Board,  the  subjects  of  instruction  distributed  amongst  them  shall 
be  as  hereinafter  provided ;  namely,  there  shall  be  a  professor  of  Didactic 
and  Polemic  Theology;  a  professor  of  Biblical  and  Ecclesiastical  His- 
tory; a  professor  of  Church  Government  and  Pastoral  Theology;  a  pro- 
fessor of  Biblical  Literature  and  Exegetical  Theology. 

§  It  shall  be  the  duty  of  these  professors  to  give  instruction  in  the 
various  matters  that  fall  appropriately  to  their  respective  professorships; 
and  in  the  event  of  any  difference  of  opinion  amongst  them  on  that 
matter,  it  shall  be  settled  by  the  faculty,  subject  to  the  revision  of  the 
Board  of  Directors. 

§  In  every  department  of  instruction,  under  every  professorship,  it  is 
the  Word  of  God  that  is  to  be  kept  as  much  as  possible  under  the  con- 
tinual observation  of  the  students.  Nor  is  it  either  expected  or  desired 
that  the  lines  between  subject  and  subject,  or  even  chair  and  chair, 
should  be  drawn  in  any  such  manner  as  to  exclude  any  professor  from 
teaching  according  to  the  proportion  of  faith  on  all  subjects  whatever, 

5.  It  shall  be  the  duty  of  the  professors,  individually  and  collectively, 
to  watch  over  the  students  with  pastoral  and  parental  care  and  affection; 
to  have  regard  to  all  that  concerns  their  health,  comfort,  piety,  jirogress 
in  knowledge  and  whatever  beside  may  affect  their  future  usefulness  as 
ministers  of  the  Gospel,  remembering  the  greatness  of  the  charge  com- 
mitted to  them  of  training  those  who  are  to  win  souls. 

§  It  appertains  to  them  to  exhort,  encourage,  instruct,  guide,  and,  if 
need  be,  rebuke,  those  who  are  thus  committed  to  them  by  the  Church 
and  the  Lord — they  having  authority  for  these  very  things. 

§  It  belongs  to  them  to  admit  students  into  the  seminary;  to  direct 
them  while  they  are  there ;  to  refuse  such  as  they  may  consider  unsuit- 
able, incompetent,  or  unprofitable;  to  dismiss  such  as  may  prove  them- 
selves to  be  unworthy  or  injurious;  to  grant  suitable  testimonials  to  such 
as  depart  with  profit  and  credit ;  and  to  take  charge  of  the  entire  disci- 
pline of  the  seminary  for  the  edification  of  the  students,  and  through 
them  for  the  good  of  the  Church. 

^  They  shall  meet  as  a  faculty  from  time  to  time,  statedly  or  otherwise, 
and  shall  keep  minutes  of  such  of  their  proceedings  as  they  deem  proper 
to  be  recorded ;  and  they  may  make  such  by-laws,  rules  and  regulations, 
touching  any  part  of  the  matters  devolving  on  them,  as  may  from  time 
to  time  appear  needful.  Moreover,  they  shall  always  meet  as  a  faculty 
at  tlie  request  of  any  member,  whose  duty  it  shall  then  be  to  notify  his 
fellow- members  of  his  desire  for  such  a  meeting. 

§  They  shall  have  power  as  a  faculty  to  communicate  officially  with 
the  Board  of  Directors,  with  the  several  Boards  of  Trustees,  and  with 
the  General  Assembly;  and  it  shall  be  their  duty,  upon  application  of 
any  of  these  Boards,  and  upon  requisition  of  the  Assembly,  to  report 


OF    THE    GENERAL    ASSEMBLY.  483 

either  statedly  or  occasionally,  as  may  be  necessary,  such  information 
touching  the  proceedings  and  condition  of  the  seminary  as  may  be 
desired. 

6.  The  matter  of  text-books  ni  each  particular  department  is  left  to 
the  professor  thereof,  with  a  supervisory  power,  however,  in  the  faculty 
in  extraordinary  cases,  of  which  they  are  the  judges. 

§  It  is  not  intended  to  intimate  that  instruction  by  particular  text- 
books and  recitations  is  preferred  as  the  best  method  in  professional  train- 
ing. On  the  contrary,  let  the  professors,  each  in  his  own  department, 
strive  to  gather  from  all  quarters  all  treasures  of  pertinent  knowledge, 
and  communicate  them  to  the  students  by  way  of  lectures,  discourses, 
prelections  and  the  like ;  striving  by  proper  examinations  of  the  students 
to  ground  these  fruits  in  their  minds;  enabling  them  by  proper  exercises 
on  their  part  to  gain  the  habit  of  their  use;  and  making  known  to 
them  carefully  where  in  books  further  researches  may  be  made,  and  how. 

§  The  method  to  be  pursued  in  the  actual  imparting  of  instruction 
may  be  this:  In  the  Hebrew  language,  let  the  whole  number  of  students 
be  divided  into  two  sections,  one  composed  of  those  who  are  advanced 
considerably  in  the  knowledge  of  that  language,  the  othei',  of  those  who 
are  beginners  in  it.  In  every  other  study  let  the  whole  of  the  students 
attend  every  professor  at  eveiy  public  exercise ;  and  let  eveiy  student 
attend  two  or  three  of  these  exercises  every  day  that  is  devoted  to  them. 

§  In  the  proper  arrangement  of  the  instructions  given  by  the  professors, 
every  one  of  them  in  every  part  of  his  course  ought  to  touch  at  every 
point  that  divine  truth  with  which  it  should  be  the  supreme  object  of  all 
their  endeavors  to  imbue  their  pupils,  not  only  as  •  a  doctrine,  but  as  a 
living  power;  so  that  during  the  whole  course  of  the  student,  the  whole 
of  his  sacred  profession  as  a  minister  of  Christ  will  be  always  in  view; 
nothing  that  concerns  his  proper  training  for  it  being  at  any  time  lost 
sight  of,  and  nothing  else  being  at  any  time  intruded  among  his  studies. 

§  Let  it  be  continually  borne  in  mind  that  it  is  not  merely  to  direct  and 
to  superintend  the  studies  of  the  pupils  that  the  professors  are  appointed  to 
their  great  and  difficult  work,  but  it  is  actually  to  instruct  them ;  and  that 
eyen  above  this  there  is  a  higher  duty  still,  namely,  to  train  them  in 
such  a  manner  that  they  will  afterwards  be  competent  to  instruct  and 
train  others. 

7.  The  public  and  social  worship  of  God  on  the  Sabbath  and  statedly 
every  day,  and  specially  as  often  as  may  be  for  edification,  is  committed 
to  the  regulation  of  the  faculty  for  the  benefit  of  all  connected  with  the 
seminary. 

§  Once  every  day  at  least  let  all  the  students,  assembled  in  one  place, 
worship  God  with  singing,  prayer,  and  the  public  reading  of  the  Word ; 
once  at  least  every  Sabbath  day  let  them  all  meet  in  one  place,  and 
besides  singing,  prayer,  and  reading  the  Word,  let  them  have  conference 
together  touching  some  great  matter  of  doctrine  or  duty,  of  faith  or 
practice ;  and  statedly  let  at  least  one  professor  be  present  Avith  them  at 
all  the  meetings  indicated  in  this  paragraph. 

§  It  shall  be  the  duty  of  the  professors,  under  the  direction  of  the 
Board  of  Directors,  to  supply  the  pupils  of  the  institution  with  the 
preaching  of  the  Gospel  and  the  administration  of  the  sacraments  of 
the  Christian  Church,  if  this  supply  shall  not,  in  the  judgment  of  the 
directors,  be  satisfactorily  furnished  by  some  neighboring  church  or 
churches. 


484  FORM  OF  GOVERNMENT,  CHAP.  XII. 

8.  The  full  course  of  instruction  given  in  this  seminary  shall  occupy 
three  consecutive  years;  so  that  every  student  who  may  continue  in  it 
that  length  of  time  shall  enjoy  all  the  advantages  afforded  by  it. 

§  Every  professor  shall  arrange  the  subjects  and  studies  of  his  particu- 
lar department,  in  such  a  manner  as  most  effectually  to  present  and 
develop  the  whole  once  and  thoroughly  within  each  period  of  three 
consecutive  years. 

9.  The  salaries  of  the  professors  shall  be  fixed  by  the  Board  of 
Directors. 

§  It  was  enacted  by  the  Assembly  of  1853,  that  a  suitable  residence 
should  be  provided  for  each  professor  free  of  rent,  as  soon  as  the  funds  of 
the  seminary  would  justify  the  purchase  or  erection  thereof. 

§  The  payment  of  the  salaries  of  the  professors,  is  in  the  order  of 
importance  the  first  charge  upon  the  permanent  funds  of  the  seminary ; 
after  that  the  erection  of  suitable  public  buildings ;  then  the  enlargement 
of  the  library ;  then  the  erection  or  purchase  of  residences  for  the  pro- 
fessors ;  then  scholarships  for  students. 

10.  No  professor  shall  be  a  member  of  either  the  Board  of  Directors  or 
the  Board  of  Trustees ;  and  the  acceptance  of  a  professorship  by  any 
member  of  either  of  the  Boards  named  shall  be  regarded  as  ipso  facto 
the  resignation  of  his  seat  therein. 

V.     Boards  of  Trustees — Funds. 

1.  There  are  three  Boards  of  Trustees  more  or  less  directly  connected 
with  the  theological  seminary  at  Danville,  and  having  charters  of  great 
value. 

First. — The  Board  of  Trustees  of  the  Centre  College  of  Kentucky  has 
an  amended  charter,  granted  by  the  Commonwealth  of  Kentucky  in  the 
year  1824,  by  means  of  which  any  amount  of  funds  may  be  held  by 
that  Board  of  Trustees  for  the  purposes  of  theological  education  on  the 
terms  stated  therein.  That  Board  of  Trustees  and  the  Synod  of  Ken- 
tucky which  elects  them  have  both  agreed,  by  way  of  covenant  with  the 
General  Assembly,  that  the  benefits  of  this  amended  charter  shall  accrue 
to  the  Danville  Theological  Seminary;  and  by  similar  covenants  the 
annual  income  of  a  considerable  fund  now  held  by  that  Board  under 
that  charter,  together  with  all  future  additions  thereto,  are  to  be  for  the 
use  and  benefit  of  the  said  seminary  upon  the  conditions  agreed  to  by 
the  Assembly  in  its  acts  creating  the  seminary. 

Secondly. — The  Board  of  Trustees  of  the  theological  fund  of  the 
Synod  of  Kentucky,  who  are  elected  by  the  Synod  of  Kentucky,  have  a 
charter  granted  by  the  Commonwealth  of  Kentucky  in  the  year  1850, 
by  means  of  which  they  may  hold  property  to  the  value  of  $50,000,  with 
an  income  of  $5000  a  year ;  and  they  have  in  their  hands  a  large  sum  of 
money  contributed  by  a  portion  of  the  people  of  Kentucky,  which  is 
subject  to  the  control  of  the  Synod  of  Kentucky,  and  is  dedicated  to  the 
purposes  of  theological  education.  The  use  of  this  charter  and  of  the 
fund  held  under  it,  and  of  all  future  additions  to  it,  has  been  vested  in 
the  General  Assembly  for  the  benefit  of  the  theological  seminary  at 
Danville,  by  covenant  between  the  Synod  of  Kentucky  and  the  General 
Assembly,  upon  the  same  terms  and  conditions  as  the  charter  and  funds 
alluded  to  in  the  last  preceding  paragraph. 

Thirdly. — The  Board  of  Trustees  of  the  theological  seminary  under 
the  care  of   the  General  Assembly  of  the  Presbyterian  Church  in  the 


OF   THE   GENERAL    ASSEMBLY.  485 

United  States  of  America  has  a  charter  granted  to  them  by  the  Com- 
monwealth of  Kentucky  in  the  year  1854,  by  means  of  which  they  may 
hold  property  to  any  amount  whose  net  income  does  not  exceed  the  sum 
of  $20,000  a  year,  the  trustees  of  which  corporation  are  to  be  elected 
by  the  General  Assembly  itself,  and  were  created  expressly  to  manage 
the  funds  of  the  Danville  Seminary  and  such  other  funds  as  the  General 
Assembly  may  commit  to  them  for  any  other  object  designated  by  itself; 
and  these  trustees  have  a  large  fund  in  their  hands  already  accumulated, 
the  whole  of  it  subscribed  upon  the  conditions  stated  in  the  acts  of 
Assembly  creating  the  Danville  Theological  Seminary. 

2.  Each  of  these  Boards  of  Trustees  may  go  on  at  its  discretion  to 
collect  additional  funds  for  the  benefit  of  the  Danville  Theological 
Seminary,  according  to  the  provisions  of  their  respective  charters,  and 
upon  the  conditions  stated  in  all  the  acts  of  the  Assembly  and  all  the 
covenants  with  the  Assembly  relating  to  said  seminary  and  distinctly 
reaffirmed  in  this  Plan. 

§  For  the  purpose  of  avoiding  confusion  and  a  multiplicity  of 
accounts,  only  the  third  named  of  the  thi-ee  Boards  of  Trustees  herein- 
before mentioned  need  report  from  year  to  year  to  the  General  Assembly ; 
but  that  Board  is  expected  and  required  to  do  so  according  to  the  j^rovis- 
ion  contained  in  the  eleventh  section  of  its  charter. 

§  Both  of  the  other  Boards  may,  however,  whenever  either  of  them 
may  consider  it  necessary,  report  directly  to  the  General  Assembly.  But 
it  is  also  expected,  and  is  hereby  provided,  that  both  of  them  will  com- 
municate to  the  Board  of  Trustees  of  the  seminary  once  in  every  year 
the  exact  state  of  the  funds  and  property  under  their  control  respec- 
tively, in  time  to  enable  that  Board  to  embody  the  information  thus  com- 
municated in  its  yearly  report  to  the  General  Assembly ;  and  that  both  of 
them  will  pay  over  to  the  said  Board  of  Trustees  of  the  Danville  Theo- 
logical Seminary  the  net  income  of  all  property  and  funds  under  their 
control,  as  fast  as  it  accrues,  at  least  once  every  half  year. 

3.  Out  of  the  proceeds  of  the  funds  and  property  now  in  the  hands  of 
all  three  of  the  aforesaid  Boards  of  Trustees,  and  out  of  all  funds, 
subscriptions,  and  payments  hereafter  given  or  made  to  either  of  them, 
the  Danville  Seminary  is  to  be  sustained  and  carried  on  according  to  the 
fair  intent  of  the  acts  of  Assembly  creating  said  seminary;  of  this 
Plan ;  of  the  several  covenants  entered  into  by  the  Assembly  concerning 
said  seminary;  and  of  the  charters  under  which  said  Boards  exist. 

§  The  objects  to  be  specially  and  immediately  aimed  at  should  be  the 
current  support  of  the  seminary  on  an  effective  basis;  the  collection  and 
safe  investment  of  a  sufficient  amount  of  money  or  other  property  to 
defray  by  its  income  the  annual  expense  of  carrying  on  the  seminary ; 
the  collection  of  additional  funds  to  erect  the  permanent  buildings  need- 
ful for  the  accommodation  of  the  seminary,  for  the  founding  and  gradual 
enlargement  of  a  library,  and  for  a  certain  number  of  scholarships  for 
the  support  of  indigent  students.  The  Board  of  Trustees  of  the  semi- 
nary is  especially  charged  with  this  work. 

§  The  Board  of  Trustees  of  the  seminary  will  take  exclusive  charge 
of  the  duty  of  providing  for  all  expenditures  incurred  in  the  regular 
and  ordinary  support  of  the  seminary,  and  in  the  current  expenses 
thereof;  the  other  two  Boards  of  Trustees  mentioned  in  this  Plan  limit- 
ing themselves  in  that  respect  to  the  regular  payment  of  their  income 
respectively,  as  hereinbefore  provided. 


486  FORM  OF  GOVERNMENT,  CHAP.  XII. 

VI.      The  Students. 

[Omitted.] 

VIT.      General  Provisions. 

1.  The  General  Assembly  reserves  to  itself  the  most  ample  power  to 
make  amendments  and  alterations  in  this  Plan. 

§  Those  parts  of  it  that  involve  only  matters  of  detail  may  be  changed 
at  any  time  by  the  Assembly,  either  on  its  own  motion  or  at  the  sugges- 
tion of  the  Board  of  Directors. 

§  No  fundamental  principle  of  the  Plan  shall  be  changed  unless  it  is 
proposed  at  one  annual  meeting  of  the  Assembly  and  carried  at  the  next 
annual  meeting  thereof,  unless  such  change  be  proposed  to  the  Assembly 
by  the  Board  of  Directors  and  carried  by  a  vote  of  two-thirds  of  the 
members  of  the  Assembly. 

§  Those  principles  and  parts  of  the  Plan  which  are  founded  on  the 
covenants  between  the  Synod  of  Kentucky,  or  the  Board  of  Trustees  of 
the  Centre  College  of  Kentucky,  and  the  General  Assembly,  shall  never 
be  so  changed  as  to  affect  the  force  or  integrity  of  either  of  those  cove- 
nants, without  the  previous  consent  of  the  opposite  parties  thereto. 

2.  Unti]  the  further  order  of  the  Assembly,  or  some  different  provision 
by  the  Board  of  Directors  under  the  powers  vested  in  them  by  this 
Plan,  there  shall  be  one  annual  session  of  the  seminary,  which  shall  begin 
on  the  first  Thursday  in  September  and  terminate  on  the  last  Thursday 
in  April,  with  a  short  recess,  at  the  discretion  of  the  faculty,  about 
Christmas. 

Autheyitication. 

The  Committee  appointed  by  the  last  General  Assembly  to  report  to- 
the  present  Assembly  a  complete  Plan  for  the  Danville  Theological  Semi- 
nary, beg  leave  to  report  that  the  following  members  of  the  said  Com- 
mittee, viz.,  J.  J.  Bullock,  Willis  Lord,  J.  T.  Edgar,  James  Smith, 
R.  J.  Breckenridge  and  J.  C.  Young  met,  agreeably  to  previous  notice, 
at  Danville  on  the  11th  inst.,  and  agreed  unanimously  to  submit  to  the 
Assembly  the  accompanying  Plan  for  its  adoption. 

Those  parts  of  this  Plan  which  define  the  powers  and  prescribe  the 
duties  of  the  Board  of  Directors  of  the  seminary,  were  submitted  to  that 
Board  for  their  judgment  at  their  late  session,  and  were  unanimously 
approved.  Those  parts  of  the  Plan  touching  the  professors  and  students 
were  also  submitted  to  the  inspection  of  the  faculty  of  the  institution, 
and  met  their  entire  approval.  John  C.   Young, 

May  20,  1854.  Chairman  of  the  Committee. 

Approved  in  the  General  Assembly  at  BuflJalo,  N.  Y.,  May  26,  1854, 
and  transmitted  to  the  Board  of  Directors  of  the  Seminary  at  Danville. 

Alex.  T.  M'Gill, 
Permanent  Clerk. 

2.    Charter. 

An  Act  to  incorporate  tlie  Trustees  of  the  Tlieological  Seminary,  under  the 
care  of  the  General  Assembly  of  the  Presbyterian  Church  in  the  United 
States  of  America,  at  Danville,  in  the  State  of  Kentucky. 

Section  1st.  Beit  enacted  by  the  General  Assembly  of  the  Commonwealth  of 
Kentucky,  That  Charles  Henderson,  J.  F.  Boyles,  James  S.  Hopkins,  Charles 
Caldwell,  J.  S.  Berryman,  Peter  R.  Dunn,  William  Thompson,  Mark  Hardin, 
W.  C.  Brooks,  J.  P.  Curtis,  Robert  J.  Breckinridge,   Edward  P.  Humphrey, 


OF    THE    GENERAL    ASSEMBLY.  487 

John  C.  Young,  Robert  C.  Grundy,  William  M.  Scott,  William  L.  Breckin- 
ridge,  John  Montgomery,  and  Robert  A.  Johnstone,  and  their  successors,  duly 
elected  and  appointed  in  manner  as  is  hereinafter  directed,  be,  and  they  are 
hereby  made,  declared,  and  constituted  a  corporation  and  body  politic  and  cor- 
porate, in  law  and  in  fact,  to  have  continuance  by  the  name,  style,  and  title  of 
the  Trustees  of  the  Theological  Seminary,  under  the  care  of  the  General  Assem- 
bly of  the  Presbyterian  Church  in  the  United  States  of  America,  at  Danville, 
in  the  State  of  Kentucky  ;  and  by  the  name,  style,  and  title  aforesaid,  shall  be 
capable  and  able  in  law  to  take,  receive,  and  hold,  all,  and  all  manner  of  lands, 
tenements,  rents,  annuities,  franchises,  and  other  hereditaments,  which  at  any 
time  ortimes  heretofore  have  been  granted,  bargained,  sold,  enfeoffed,  released, 
devised,  or  otherwise  conveyed  for  the  use  of  the  Theological  Seminary  under  the 
care  of  the  General  Assembly  of  the  Presbyterian  Church  in  the  United  States 
of  America,  located  at  Danville,  in  the  State  of  Kentucky,  or  any  other  person 
or  persons,  to  the  use  of  the  said  seminary,  or  in  trust  for  the  same  ;  and  the 
said  lands,  tenements,  rents,  annuities,  liberties,  franchises  and  other  heredita- 
ments are  hereby  vested  and  established  in  the  said  corporation  and  body  poll- 
tic,  and  their  successors,  according  to  the  original  use  and  interest  for  which 
such  gifts  and  grants  were  respectively  made  :  and  the  said  corporation  and 
their  successors  are  hereby  declared  to  be  seized  and  possessed  of  such  estate 
and  estates  therein,  as  in  and  by  the  respective  grants,  bargains,  sales,  enfeoff- 
ments, releases,  devises,  and  other  conveyances  thereof,  is  or  are  declared, 
limited,  and  expressed  ;  also,  that  the  said  corporation  and  their  successors  shall 
be  able  and  capable  to  purchase,  have,  receive,  take,  hold,  and  enjoy  in  fee 
simple  or  of  lesser  estate,  or  estates,  any  lands,  tenements,  rents,  annuities,, 
franchises  and  other  hereditaments,  by  gift,  grant,  bargain,  sale,  alienation, 
,  enfeoffments,  release,  confirmation,  or  devise  of  any  person  or  persons,  bodies 
politic  and  corporate,  capable  and  uble  to  make  the  same  :  and  further,  that 
the  said  corporation  and  their  successors  may  take  and  receive  any  sum  or 
sums  of  money,  and  any  portion  of  goods  and  chattels  that  have  been  given  to 
and  for  the  use  of  the  Theological  Seminary  at  Danville,  or  the  Directors 
thereof,  or  to  any  other  person  or  persons,  body  politic  or  corporate,  in  trust, 
or  for  the  use  of  the  said  seminary,  or  that  hereafter  shall  be  given,  sold, 
leased,  or  bequeathed  to  the  said  corporation,  by  any  person  or  persons,  bodies 
politic  or  corporate,  that  are  able  or  capable  to  make  a  gift,  sale,  bequest,  or 
other  disposal  of  the  same  ; — such  money,  goods,  or  chattels,  to  be  laid  out,  and 
disposed  of  for  the  use  and  benefit  of  the  aforesaid  corporation,  agreeably  to 
the  intention  of  the  donors,  and  according  to  the  object,  articles,  and  condi- 
tions of  this  Act. 

Section  2nd.  Thatnomisnomer  of  said  corporation  and  their  successors,  shall 
defeat  or  annul  any  gift,  grant,  devise,  or  bequest,  to  or  for  the  use  of  said  cor- 
poration, Provided,  The  intent  of  the  party  or  parties  shall  sufficiently  appear 
upon  the  face  of  the  gift,  will,  grant,  or  other  writing,  whereby  any  estate  or  in- 
terest was  intended  to  pass  to  or  for  said  corporation. 

Section  3rd.  That  the  said  corporation  and  their  successors  shall  have  full 
power  and  authority  to  make,  have,  and  use  a  common  seal  with  such  devise 
and  inscription  as  they  may  adopt,  and  the  same  to  break,  alter,  and  renew  at 
their  pleasure. 

Section  4th.  That  the  said  corporation  and  their  successors,  by  the  names, 
titles,  and  style  aforesaid,  shall  be  able  and  capable  to  sue  and  be  sued,  plead 
and  be  impleaded,  in  any  court  of  law  or  equity  in  this  State, 

Section  5th.  That  the  said  corporation  and  their  successors  shall  be,  and 
hereby  are,  authorized  and  empowered  to  make,  ordain,  and  establish,  by-laws 
and  ordinances,  and  do  everything  incident  to  and  needful  for  the  support  and 
due  government  of  the  said  corporation,  and  managing  the  funds  and  revenues 
thereof.  Provided,  The  said  by-laws  be  not  repugnant  to  the  Constitution  and 
laws  of  the  United  States,  to  the  Constitution  and  laws  of  this  State,  or  to  this 
Act. 

Section  6th.  That  the  said  corporation  shall  not  at  any  time  consist  of  more 
than  eighteen  persons,  at  least  nine  of  whom  shall  at  all  times  be  citizens  of 
this  State,  whereof  the  General  Assembly  of  the  Presbyterian  Church  in  the 
United  States  of  America,  at  any  meeting  thereof  held  in  the  State  of  Kentucky, 
may  change  one-third,  in  such  manner  as  to  the  said  General  Assembly  shall 
seem  proper,  and  fill  all  vacancies  then  existing. 

Section  7th.  That  the  said  corporation  and  their  successors  shall  have  power 
and  authority  to  manage  and  dispose  of  all  monies,  goods,  chattels,  lands,  tene- 


488  FORM  OF  GOVERNMENT,  CHAP.  XII. 

mcuts,  and  hereditaments,  and  other  estate  whatsoever,  committed  to  their  care 
and  trust  by  the  said  General  Assembly,  and  in  such  cases  where  special  in- 
structions for  the  management  and  disposal  thereof,  shall  be  given  by  the  said 
General  Assembly,  in  writing,  under  the  hand  of  their  clerk,  it  shall  be  the 
duty  of  said  corporation  to  act  according  to  said  instructions,  Provided,  The 
said  instruction  shall  not  be  repugnant  to  the  Constitution  of  the  United 
States,  or  to  the  Constitution  and  laws  of  this  State,  or  to  this  Act. 

Section  8th.  That  six  members  of  this  corporation  shall  be  a  sufficient  num- 
ber to  transact  the  business  thereof,  and  to  make  by-laws,  rules,  and  regulations 
Provided,  That  previous  to  any  meeting  of  the  Board  of  Corporation  for  such 
purposes,  not  appointed  for  adjournment,  ten  days'  notice  shall  be  previously 
given  thereof  by  the  President  or  Secretary,  by  advertisement  in  some  news- 
paper published  in  this  State,  or  by  written  notice  sent  by  mail  to  each  member 
of  the  Board  of  Trustees.  And  said  corporation  shall  and  may,  as  often  as 
they  shall  see  proper,  according  to  their  rules  and  by-laws,  choose  out  of  their 
number  a  president  and  vice-president  and  secretary;  and  shall  have  power 
to  appoint  a  treasurer  and  such  other  officers  and  agents,  as  shall  by  the  said 
corporation  be  deemed  necessary  ;  to  which  officers  and  agents,  the  said  cor- 
poration may  assign  such  duties  to  be  performed  by  them,  and  award  such 
compensation  for  their  services,  and  fix  the  tenure  of  their  office  in  such  way 
and  manner  as  the  said  corporation  shall  direct. 

Section  9th.  That  the  said  corporation  shall  have  the  power  and  authority 
to  take  and  receive  a  bond  or  bonds  from  the  treasurer  and  other  officers  and 
agents,  in  such  penalty  and  with  such  conditions  as  said  corporation  may  pre- 
scribe. 

Section  10th.  That  the  members  of  the  Board  of  Trustees  of  this  corpora- 
tion, before  acting  as  such,  shall  each  make  and  sign  a  declaration  that  each  of " 
them  will  truly  and  faithfully,  to  the  best  of  his  ability  and  skill,  exercise  the 
office  and  perform  the  duties  of  trustees,  under  this  act  and  the  by-law  of  this 
corporation  ;  and  in  case  of  the  refusal  or  neglect  of  any  member  of  the  Board 
of  Trustees  to  make  and  sign  such  declaration  and  perform  the  duties  of  trustee 
aforesaid,  for  more  than  one  year,  or  decline  the  same,  the  Board  of  Trustees 
shall  have  power  and  authority  to  declare  the  said  office  of  trustee  vacant,  and 
till  the  vacancy  by  appointment  of  some  fit  and  proper  person  to  said  vacancy, 
who  shall  hold  the  same  and  remain  in  office  until  such  vacancy  shall  be  filled 
by  the  General  Assembly  of  the  Presbyterian  Church,  under  the  provisions  of 
this  Act. 

Section  11th.  That  said  corporation  shall  keep  regular  and  fair  entries  of 
their  proceedings,  and  a  just  account  of  their  receipts  and  disbursements,  in  a 
book  or  books  to  be  provided  for  that  purpose,  and  shall,  once  in  a  year, 
exhibit  to  the  General  Assembly  of  the  Presbyterian  Church  in  the  United 
States  of  America,  an  exact  statement  of  the  accounts  and  funds  of  said  cor- 
poration. 

Section  12th.  That  the  Board  of  Trustees  appointed  by  this  Act,  and  their 
successors,  shall  have  no  power  to  exercise  any  authority  touching  the  course  of 
instruction  and  study  in  said  Theological  Seminary,  or  the  appointment  of 
professors  or  teachers  in  said  seminary  ;  their  compensation,  their  tenure  of 
office,  and  the  course  of  study  in  said  institution,  shall  remain  under  the  exclusive 
power  and  control  of  the  General  Assembly  of  the  Presbyterian  Church  in  the 
United  States  of  America,  and  of  such  person  and  persons  as  shall  be  appointed 
by  the  said  General  Assembly  from  time  to  time,  and  the  said  corporation  shall 
provide  out  of  the  estate,  funds,  or  income  thereof,  in  their  keeping,  control,  and 
management,  for  the  payments  from  time  to  time  of  such  salaries  and  compen- 
sations of  professors,  and  other  teachers  and  officers  of  said  seminary  as  shall 
be  allowed,  directed,  and  established  by  said  General  Assembly  at  any  of  its 
annual  meetings. 

Section  13th.  That  the  Board  of  Trustees  appointed  by  this  act  of  incorpora- 
tion and  their  successors,  shall  have  power  and  authority  to  purchase  ground, 
erect  buildings  for  the  use  of  said  seminary,  and  provide  libraries  and  the  ac- 
commodations, out  of,  or  by  means  of,  any  funds  or  estate  in  their  hands,  not 
necessary  to  the  annual  support  of  the  said  seminary,  or  out  of  any  money  or 
estate  collected  or  received  by  them  from  time  to  time,  for  those  especial 
objects  and  purposes. 

Section  14th.  That  the  said  corporation  may  take,  receive,  purchase,  possess, 
and  enjoy  messuages,  lands,  tenements,  rents,  annuities,  and  other  heredita- 


OF   THE   GENERAL    ASSEMBLY.  489 

ruents,  real  and  personal  estate  of  any  amount,  Provided,  That  the  same  do  not 
yield  a  uetl  annual  income  exceeding  the  sum  of  twenty  thousand  dollars. 

Section  15th.  Be  it  further  enacted,  That  the  General  Assembly  shall  have 
power  to  alter,  modify,  or  repeal  this  Act  at  any  time. 

Charles  G.  Wintersmith, 
Speaker  of  the  House  of  Representatives. 
H.  G.  Bibb, 

Speaker  of  the  Senate. 
Approved  January  28th,  1854,  by  the  Governor, 
L.  W.  Powell. 

J.  P.  Metcalfe, 

Secretary  of  State. 

An  act,  supplemental  to  an  act  incorporating  the  Trustees  of  the  Theological 
Seminary  under  the  care  of  the  General  Assembly  of  the  Presbyterian 
Church  in   the   United   States   of  America,  at   Danville  in   the  State  of 
Kentucky. 
Be  it  enacted  by  the  General  Assembly  of  the  Commonwealth  of  Kentucky, 
That  section  fifteen  of  an  act  incorporating  the  Trustees  of  the  Theological 
Seminary,  under  the  care  of  the  General  Assembly  of  the  Presbyterian  Church 
in  the  United  States  of  America,  at  Danville,  in  the  State  of  Kentucky,  ap- 
proved January  28tli,  1854,  which  said  section  reserves  to  the  Legislature  the 
right  to  repeal,  alter,  or  annul  said  cliarter  at  any  time,  be, — and  the  same  is, 
hereby  repealed. 

Charles  G.  Wintersmith, 
Speaker  of  the  House  of  Representatives. 
H.  G.  Bibb, 

Speaker  of  the  Senate. 
Approved  February  25th,  1854,  by  the  Governor, 

L.  W.  Powell.  J.  P.  Metcalfe, 

Secretary  of  State. 

3.  Action  of  the  Assembly  of  1873. 
Reports  have  beea  received  from  the  directors  aud  trustees  of  this 
institution.  The  directors  report  that,  the  difficulties  in  the  way  of  their 
adoption  of  the  plan  of  control  recommended  by  the  Assembly  being 
removed,  they  have  approved  and  adopted  said  Plan,  subject  to  the 
approval  of  the  Asseinl3ly.  The  necessary  changes  in  the  present  plan 
of  the  seminary  are  presented,  and  after  close  aud  careful  scrutiny  of 
them  the  Committee  recommend  to  the  Assembly  that  tliey  be  approved, 
and  that  the  guardianship  and  control  of  the  Danville  Theological  Semi- 
nary be  remitted  to  the  Board  of  Directors  as  soon  as  the  existing  vacan- 
cies shall  have  been  filled,  the  Assembly  being  still  considered  as  the 
patron  of  the  seminary  and  the  fountain  of  its  powers,  and  retaining  a 
veto  power  in  the  election  of  its  directors  and  professors,  and  over  all  the 
acts  of  the  directors  in  financial  aflfairs. — 1873,  pp.  530,  531. 

4.  Answer  of  the  Board  of  Directors,  1894. 

The  following  paper  was  unanimously  adopted  November  8,  1894: 
Being  advised  that,  under  our  present  charter,  the  Board  of  Directors 
has  the  legal  power,  by  the  adoption  of  by-laws,  to  accomplish  the 
purpose  contemplated  by  the  General  Assembly  of  1894,  in  its  Plan  for 
the  government  of  the  theological  seminaries,  and  it  being  suggested  that 
there  are  grave  legal  difficulties  in  effecting  an  amendment  of  the  charier 
itself,  therefore. 

Resolved,  That  the  four  propositions  a,  b,  c  and  d  of  the  first  resolu- 
tion, found  on  pp.  65  and  66  of  the  Minutes  of  1894,  be,  and  the  same 
are  hereby  accepted  by  this  Board  as  by-laws  and  ordinances  for  the 
government   of    the   directors   of   the   Danville    Theological  Seminary, 


490  FORM  OF  GOVERNMENT,  CHAP.  XII. 

uader  the  care  of  the  General  Assembly  of  the  Presbyterian  Church  in 
the  United  States  of  America,  so  far  as  the  funds  of  the  seminary  are 
not  devoted  by  the  donors  thereof  to  some  special  purpose,  or  are  not 
beyond  the  control  of  this  body. — 1895,  p.  160. 

5.    Answer  of  the  Board  of  Trustees,  1894. 

Resolved,  1.  That  this  Board  is  in  full  sympathy  with  the  action  of 
the  General  Assembly  of  the  Presbyterian  Church  in  the  United  States 
of  America,  as  appears  by  their  adoption  of  the  report  of  the  Committee 
of  Fifteen  on  Conference  with  Theological  Seminaries,  and  the  Board 
believes  that  the  General  Assembly  of  our  Church  should  have  and 
retain  the  fullest  and  broadest  control  over  its  theological  seminaries, 
the  professors  who  instruct  therein  and  the  course  of  instruction 
adopted. 

Resolved,  2.  By  reason  of  the  fact  that  this  Board  deems  it  inexpedi- 
ent to  ask  from  the  General  Assembly  of  the  Commonwealth  of  Ken- 
tucky, any  amendment  of  its  charter  granted  by  said  General  Assembly 
of  Kentucky  in  1854,  and  which  incorporated  this  Board  of  Trustees, 
for  the  reason  that,  under  the  existing  condition  of  affairs,  this  said 
charter  is  not  subject  to  amendment,  alteration  or  repeal  by  said  Legisla- 
ture, but,  under  the  provisions  of  the  present  Constitution  of  Kentucky, 
if  any  amendment  of  said  charter  be  sought,  then  the  Legislature  will 
have  the  power  to  make,  at  any  time,  any  amendment  or  alteration  that 
it  may  deem  wise  and  proper,  the  Board  must  decline  to  ask  for  such 
amendments  as  would  give  it  power  to  comply  with  some  of  the  requests 
of  the  General  Assembly. 

By  reason  of  the  limitations  on  the  power  of  this  Board  under  its  said 
act  of  incorporation,  it  has  no  authority  over  or  control  of  the  election, 
appointment  or  transfer  of  professors  or  teachers  in  its  seminary,  and 
therefore  the  Board  takes  no  action  on  that  point. 

Further,  under  this  charter,  this  Board  feels  compelled  to  retain 
control  of  the  funds  and  property  of  said  seminary  in  its  hands,  subject 
to  the  terms  of  said  charter,  but  the  Boai'd  expresses  the  confident  belief 
that  at  no  time  will  these  funds  be  applied  to  any  purpose  or  use  opposed 
to  the  direction  and  wishes  of  our  General  Assembly. 

By  Section  12  of  said  act  of  incorporation,  this  Board  is  compelled  to 
provide,  out  of  the  estate,  funds  or  income  in  their  keeping  and  control, 
the  payment,  from  time  to  time,  of  such  salaries  and  compensation  of 
professors  and  other  teachers  and  officers  of  said  seminary  as  shall  be 
allowed,  directed,  and  established  by  the  General  Assembly  at  any  of  its 
annual  meetings,  and  heretofore  these  payments  have  been  made  in 
accordance  with  the  direction  of  the  Board  of  Dirctors  of  this  seminary, 
which  Board  is  merely  an  agent  of  the  General  Assembly. 

While  this  Board  believes  that,  in  accordance  with  the  charter  under 
which  it  was  created  and  exists,  it  cannot  divest  itself  of,  or  transfer  to, 
any  other  body  the  right  of  electing  its  members,  yet,  as  evincing  in  the 
strongest  possible  manner,  its  desire  to  comply  with  the  plan  proposed  by 
the  Assembly,  the  Board  unanimously  decides  that  all  elections  to  fill 
vacancies  in  its  body  shall  not  be  by  itself  regarded  as  a  complete  and 
final  election  until  those  elected  have  been  approved  by  the  General 
Assembly.— 1895,  p.  161. 

[Note. — See  for  the  Assembly's  Plan,  Minutes,  1894,  p.  417.] 


OF   THE   GENERAL   ASSEMBLY.  491 

6.    Action  of  the  Assembly,  1895,  ^ 

The  Board  of  Directors  of  Danville  has  resolved  to  adopt  the  recom- 
mendations as  to  By-Laws,  and  as  a  part  of  their  Constitution.  The  Board 
of  Trustees  states  that  it  has  an  irrepealable  charter  which  cannot  be 
amended  without  danger  of  forfeiture.  It  declares  its  approval  of  the 
substance  of  the  recommendations,  and  while  not  deeming  the  same  nec- 
essary, in  view  of  the  control  the  Assembly  now  has  over  the  funds  of 
said  corporation,  expresses  its  willingness  to  give  the  General  Assembly 
the  approval  of  the  election  of  the  members  of  the  Board. 

The  Committee  recommends  the  Assembly  to  request  the  Board  of 
Trustees  at  Danville  to  secure  such  legislation,  not  imperiling  the  charter, 
as  will  insure  to  the  General  Assembly  the  right  to  be  represented  in  the 
courts,  and  to  enforce  its  proper  supervision  over  the  seminary  and  its 
property.— 1895,  p.  32. 

VII.       THE   m'cORMICK   THEOLOGICAL  SEMINARY, 

[Note. — For  the  antecedent  history,  see  Baird's  Digest,  1858,  under  the  head  "  New 
Albany  Theological  Seminary."    Founded,  1830.    Locabed  at  Chicago,  111.,  since  1859.] 

1.  Constitution. 

[Note. — As  adopted  by  the  General  Assembly  of  the  Presbyterian  Church  in  the 
United  States  of  America,  at  its  sessions  held  in  Indianapolis,  Ind.,  A.D.  1859  ;  and 
as  amended  at  its  sessions  held  in  Detroit,  Mich.,  A.D.  1872  ;  Madison,  Wis..  A.D. 
1880;  Springfield,  111.,  A.D.  1882;  and  Minneapolis,  Minn.,  A.D.  1886.] 

Article  I.      Of  the  name  and  objects  of  the  Seminary. 

Section  1.  The  name  of  the  institution  shall  be  "  The  McCormick 
Theological  Seminary  of  the  Presbyterian  Church." 

Sec.  2.  The  objects  of  the  seminary  shall  be,  to  instruct  candidates  for 
the  Gospel  ministry  in  the  knowledge  of  the  Word  of  God,  contained  in 
the  Scriptures  of  the  Old  and  New  Testaments,  the  only  supreme  and 
infallible  rule  of  faith  and  life,  and  of  the  doctrine,  order  and  institutes 
of  worship  taught  in  the  Scriptures,  and  summarily  exhibited  in  the 
Constitution  of  the  Presbyterian  Church  in  the  United  States;  to  cherish 
in  them,  by  all  the  means  of  Divine  appointment,  the  life  of  true  godli- 
ness; to  cultivate  in  them  the  gifts  which  Christ,  the  Head  of  the  Church, 
by  His  Spirit,  confers  upon  those  whom  He  calls  to  the  ministry ;  and 
to  impart  to  them,  so  far  as  may  be,  the  various  learning  by  wliich  they 
may  be  furnished  for  its  work,  to  the  end  that  there  may  be  trained  up  a 
succession  of  able,  faithful  and  godly  ministers  of  the  Divine  Word,  as 
the  chief  agency  under  God,  who  ordained  the  Church,  for  the  gathering 
and  perfecting  of  the  saints  in  this  life  to  the  end  of  the  world. 

Article  11.      Of  the  Board  of  Directors. 

Section  1.  The  Board  of  Directors  shall  consist  of  twenty  ministers 
and  twenty  ruling  elders,  of  whom  one- fourth,  or  five  ministers  and  five 
elders,  shall  be  chosen  by  said  Board  annually,  to  continue  in  office  four 
years,  and  until  their  successors  are  elected  and  qualified ;  and  the  Board 
shall  also  have  power  to  receive  resignations  and  declinations,  and  to  fill 
all  vacancies  which  may  occur  in  its  body ;  aU  of  these  elections,  how- 
ever, shall  be  subject  to  the  veto  of  the  General  Assembly,  to  which  they 
shall  be  I'eported  at  its  next  meeting. 

Sec.  2.  In  just  recognition  of  the  relations  of  the  late  Hon.  Cyrus  H. 
McCormick  and  his  family  to  this  seminary,  Cyrus  H,  McCormick,  Jr., 


492  FORM  OF  GOVERNMENT,  CHAP.  XII. 

is  herdby  constituted  from  this  time  forth  a  special  member  of  the  Board 
of  Directors,  to  qualify  as  and  to  have  all  the  privileges  and  prerogatives 
of  other  full  members  of  the  Board,  and  to  continue  in  the  office  during 
the  time  of  his  natural  life,  or  until  he  shall  resign. 

Sec.  3.  The  Board  of  Directors  shall  have  power,  at  their  discretion, 
annually  to  elect  not  to  exceed  four  honorary  directors.  Said  honorary 
directors  shall  continue  in  office  for  the  same  time  as,  and  shall  be  entitled 
to,  and  expected  to  exercise  all  the  privileges  of  directors,  except  voting. 
Said  honorary  members  shall  be  the  authorized  representatives  of  the 
Board  and  of  the  interests  of  the  seminary  in  their  respective  places  of 
residence  and  fields  of  labor. 

Sec.  4.  The  Board  of  Directors  shall  have  power  to  elect  and  duly 
induct  and  inaugurate  into  office  the  professors  of  the  seminary;  to 
receive  their  resignations;  also  to  remove  them  from  office;  such  elections 
and  removals  to  be  subject  to  the  veto  of  the  General  Assembly.  The 
Board  shall  also  have  power  to  suspend  temporarily  a  professor,  prelimi- 
nary to  and  pending  an  investigation  of  charges  against  his  conduct  or 
doctrine. 

Sec.  5.  The  Board  of  Directors  shall  have  the  superintendence  and 
control  of  the  seminary  and  its  funds  and  property. 

Sec.  6.  Every  director,  before  taking  his  seat  as  a  member,  shall  sub- 
scribe the  following  engagements,  in  a  book  kept  for  that  purpose,  viz. : 

"  I  do  solemnly  promise,  in  the  presence  of  God  and  of  this  Board, 
that  I  will  faithfully  execute  the  office  of  a  director  of  The  McCormick 
Theological  Seminary  of  the  Presbyterian  Church,  and  will  support  its 
Constitution  and  the  Constitution  of  the  Presbyterian  Church,  so  long  as 
I  remain  in  this  office. ' ' 

Sec.  7.  The  Board  of  Directors  shall  meet  once  in  every  year  at  the 
place  where  the  seminary  is  located,  and  such  annual  meeting  shall  be 
on  the  Wednesday  immediately  preceding  the  close  of  the  seminary  year, 
unless  the  Board  shall  appoint  another  time ;  and  the  Board  may  meet 
at  other  times  and  places  on  its  own  adjournment,  and  on  extraordinary 
occasions,  by  the  call  of  the  president,  or  other  officer  having  power  to 
conv^ene  it. 

Sec.  8.  Any  seven  directors  being  met  at  the  time  and  place  appointed, 
shall  constitute  a  quorum  for  the  transaction  of  business.  Any  two 
directors  so  met,  may  adjourn  from  time  to  time  until  a  quorum  shall  be 
present. 

Sec.  9.  The  Board  of  Directors  shall  choose  annually  from  their  own 
members  a  president,  vice-president  and  a  secretary,  who  shall  hold  their 
offices  from  the  time  of  their  election  till  the  next  annual  meeting,  and 
until  their  successors  shall  be  duly  appointed. 

Sec.  10.  The  president,  or  in  case  of  his  absence,  the  vice-president, 
shall  preside  at  all  meetings  of  the  Board,  and  perform  such  other  duties 
as  naturally  belong  to  his  office,  and  as  the  Board  shall  appoint.  He 
may  convene,  and  when  requested  by  any  seven  members,  it  shall  be  his 
duty  to  convene  the  Board ;  and  of  the  time  and  place  of  such  special 
meeting,  and  the  business  for  which  it  is  called,  he  shall  send  a  written 
notice  by  mail  or  otherwise,  not  less  than  twenty  days  before  the  time  of 
such  meeting. 

Sec.  11.  The  secretary  shall  keep  a  full  and  true  record  of  the  trans- 
actions of  the  Board,  and  shall  keep  all  books  of  records  and  papers,  and 
perform  such  other  duties  as  the  Board  shall  direct. 


OF    THE   GENERAL   ASSEMBLY.  493 

Sec.  12.  lu  the  absence  of  any  officer,  the  Board  may  appoint  some 
other  person  to  fill  his  place  j5ro  tempore. 

Sec.  13.  The  Board  may  make  Rules  of  Order  and  By-Laws,  not 
inconsistent  with  this  Constitution. 

Sec.  14.  The  Board  of  Directors  shall  have  power,  and  it  shall  be  their 
duty: 

(1)  To  superintend,  either  by  itself  or  by  a  Committee,  the  annual 
examination  of  the  students,  and  to  appoint  such  other  services  in  connec- 
tion therewith,  as  it  may  think  proper. 

(2)  To  provide  all  funds,  buildings,  libraries,  and  other  means  necessary 
and  proper  for  the  use  of  the  seminary;  to  appoint  a  Board  of  Trustees 
and  fill  all  vacancies  therein,  and  to  instruct  and  direct  the  said  Board  in 
respect  to  the  investment,  custody,  management  and  disposal  of  all  funds 
and  property  of  the  institution;  to  fix  the  salaries  of  all  professors  and 
other  officers;  and,  by  itself,  or  the  Board  of  Trustees,  to  make  all 
appropriations  of  moneys. 

(3)  To  make  annually  to  the  General  Assembly,  in  writing,  a  full  and 
faithful  report  of  the  whole  state  of  the  seminary  and  of  the  transac- 
tions of  the  Board,  and  also  to  submit  their  records  when  required,  for 
the  inspection  of  the  Assembly. 

Article  III.      Of  the  Professors. 

Section  1.  (1)  No  person  shall  be  eligible  to  any  professorship  in  the 
seminary,  except  a  member  in  full  communion  in  the  Presbyterian 
Church;  and  no  person  shall  be  eligible  to  the  office  of  professor  of 
Theology,  except  a  regularly  ordained  minister  in  that  Church. 

(2)  Every  professor,  before  he  enters  upon  the  execution  of  his  office, 
shall  subscribe  the  following  engagement,  in  a  book  kept  for  that  pur- 
pose, namely: 

"  In  the  presence  of  God  and  of  the  Board  of  Directors  of  this  semi- 
nary, I  do  solemnly  profess  my  belief  that  the  Confession  of  Faith  and 
Catechisms  of  the  Presbyterian  Church  contain  a  summary  and  true 
exhibition  of  the  system  of  doctrine,  order  and  worship  taught  in  the 
Holy  Scriptures,  the  only  supreme  and  infallible  rule  of  faith,  and  my 
approbation  of  the  Presbyterian  form  of  Church  government,  as  being 
agi'eeable  to  the  Scriptures;  and  do  promise  that  I  will  not  teach,  directly 
or  indirectly,  anything  contrary  to,  or  inconsistent  with,  the  said  Con- 
fession and  Catechisms,  or  the  fundamental  principles  of  Presbyterian 
Church  government,  and  that  I  will  faithfully  execute  the  office  of  a 
professor  in  The  McCormick  Theological  Seminary  of  the  Presbyterian 
Church." 

Sec.  2.  (1)  Each  professor  shall  have  power  to  conduct  the  course  of 
instruction  in  the  studies  assigned  to  his  department;  to  preserve  order 
and  due  attention  therein ;  and  to  appoint  such  exercises  of  religious 
worship  in  connection  therewith  as  he  may  deem  proper. 

(2)  Each  professor,  if  required,  shall  lay  before  the  Board  of  Direc- 
tors, a  true  and  full  statement  of  all  text-books  used  by  him,  and  of  his 
whole  method  of  instruction,  and  shall  treat  with  respectful  considera- 
tion any  suggestions  or  advice  which  the  Board  may  give. 

Sec.  3.  (1)  The  professors  of  the  seminary  shall  constitute  a  faculty 
of  instruction  and  government ;  they  shall  appoint  (unless  the  Board  of 
Directors  otherwise  order),  their  own  chairman  and  secretary,  and  on 
every  question  each  professor  shall  have  one  vote. 


494  FORM   OF   GOVERNMENT,    CHAP.    XII. 

(2)  The  faculty  shall  meet  at  such  times  and  places  as  they  shall 
appoint,  and  may  make  rules  and  by-laws,  not  inconsistent  with  this 
Constitution,  as  they  may  deem  proper. 

(3)  The  faculty  shall  have  power  and  it  shall  be  their  duty: 

First.  To  appoint  the  portion  of  time  and  the  particular  hours  that 
the  studeuts  shall  attend  the  professors  respectively. 

Second.  To  appoint  and  direct  all  exercises  to  be  performed  in  the 
presence  of  the  whole  seminary  or  in  public. 

Third.  To  appoint  the  times  at  which  all  the  students  shall  assemble 
together  for  Divine  worship,  and  to  direct  the  conducting  of  the  same. 

Fourth.  To  provide  the  students,  if  they  shall  deem  it  expedient,  with 
preaching  and  other  ordinances  of  worship  and  means  of  grace  on  the 
Lord's  day. 

Fifth.  To  establish  rules  of  order,  decorum  and  duty,  for  the  conduct 
of  the  studeuts. 

Sixth.  To  inquire  into  the  conduct  of  the  students,  and  to  admonish, 
suspend  or  dismiss  any  student  who  shall  be  found  propagating  error  in 
doctrine,  to  be  immoral,  or  disorderly  in  conduct,  negligent  of  study  or 
other  duties,  or  who  shall  be,  in  their  judgment,  on  any  account  a  dan- 
gerous or  unprofitable  member  of  the  institution;  Provided,  that  such 
student  shall  have  opportunity  to  be  reasonably  heard  in  his  own 
defense,  and  that  the  faculty  shall  sit  with  due  caution  and  a  tender 
regard  to  his  rights  and  his  welfare. 

Sec.  4.  (1)  The  faculty  shall  keep  a  register,  in  which  shall  be 
entered  the  name  of  each  student,  his  residence,  the  church  of  which  he 
is  a  member ;  the  Presbytery,  if  any,  of  which  he  is  a  candidate ;  the 
college,  if  auy,  of  which  he  is  an  alumnus,  the  time  of  his  entering,  and 
the  time  and  mode  of  his  leaving  the  seminary. 

(2)  The  faculty  shall  keep  a  journal  of  their  proceedings,  which,  if 
required,  shall  be  laid  before  the  Board  of  Directors. 

(3)  The  faculty  shall  make  a  report  of  the  state  of  the  seminary  to  the 
Board  of  Directors,  at  each  annual  meeting,  and  at  other  times  when 
required  by  the  Board. 

Article  IV.      Of  the  Course  of  Study. 
[Omitted.] 

Article  V.      Of  Personal  Religion. 
[Omitted.] 

Article  VI.      Of  Admission. 

Section  1.  The  qualifications  required  in  students  for  admissioato  the 
seminary  are,  full  communion  in  some  branch  of  the  Christian  Church, 
a  good  reputation  for  consistent  Christian  character,  a  regular  course  of 
academic  study,  of  which  evidence  shall  be  furnished  by  a  college  degree 
or  by  examination,  and  if  from  another  theological  seminary,  a  written 
certificate  of  good  standing  and  honorable  dismission. 

Sec.  2,  Every  student  before  admission  to  the  seminary  .shall  subscribe 
the  following  engagement,  in  a  book  kept  for  that  purpose,  namely :  "  I 
do  solemnly  promise  that  I  will  diligently  and  faithfully  attend  on  all  the 
instructions  and  exercises  of  this  seminary,  observe  its  rules  of  conduct 
relating  to  studeuts,  and  obey  the  lawful  requisitions  and  respect  the 
admonitions  of  the  professors  and  of  the  Board  of  Directors,  while  I  shall 
continue  a  student  of  the  institution. ' ' 


OF   THE   GENERAL   ASSEMBLY.  495 

Article  VII.      Of  the  Seminary  Grounds,  Buildings,  and  Library. 

The  faculty  shall  have  the  custody  and  control  of  the  seminary  grounds, 
buildings,  and  library,  which  shall  be  subject  to  such  regulations  as  they 
may  prescribe. 

Article  VIII.      Of  the  Funds  and  Financial  Officers. 

Section  1.  All  permanent  funds  established  for  the  support  of  the 
seminary  shall  be  sacredly  preserved  inviolate,  and  it  shall  not  be  lawful 
for  the  Board  of  Directors,  the  Board  of  Trustees,  or  any  person  to 
withdraw,  or  to  borrow,  for  any  purpose,  from  any  such  fund,  any 
money,  securities,  or  other  property  without  at  the  same  time  placing  to 
the  credit  of  such  fund  a  value  clearly  and  fully  equivalent. 

Sec.  2.  The  Board  of  Trustees,  which  shall  appoint  its  own  president, 
secretary  and  treasurer,  shall  have  the  custody  of  all  the  funds  and 
property  of  the  seminary,  with  power  to  invest,  manage,  buy,  sell  and 
otherwise  dispose  of  the  same  for  the  use  of  the  seminary,  in  any  manner 
not  inconsistent  with  this  Constitution,  and  subject  in  all  things  to  the 
instructions  of  the  Board  of  Directors. 

Sec.  3.  The  Board  of  Trustees  shall  appoint  a  treasurer,  who  shall 
hold  his  office  during  the  pleasure  of  the  Board,  and  whose  duty  it  shall 
be,  under  the  direction  of  the  Board,  to  keep  all  books  of  account,  and 
to  have  the  custody  of  all  such  books  of  account,  securities  and  other 
papers  and  documents  relating  to  the  finances,  and  of  all  funds  and  other 
property,  except  the  seminary  buildings,  the  grounds  connected  therewith, 
and  the  library ;  and  to  present  to  the  Board  annually,  and  oftener  when 
required,  a  clear  and  full  report  of  the  whole  state  of  finances,  and  of 
the  transactions  of  the  current  year;  and  he  shall  be  the  keeper  of  the 
seal,  and  when  required  shall  execute  to  the  Board  a  bond  in  such  penal 
sum,  and  with  such  securities  as  they  shall  prescribe,  for  the  faithful 
discharge  of  his  duties. 

Sec.  4.  The  Board  of  Trustees  shall  make  to  the  Board  of  Directors  at 
the  annual  meeting,  and  at  other  times  when  required,  a  clear  and  full 
report  of  the  whole  state  of  the  finances,  and  of  the  transactions  of  the 
current  year,  or  any  part  thereof,  which  report  shall  be  transmitted  by 
the  Board  of  Directors  to  the  General  Assembly. 

Article  IX.      Constitution,  how  amended. 

This  Constitution  may  be  altered,  or  amended,  by  a  vote  of  three- 
fourths  of  the  directors  present,  and .  voting  at  a  regular  annual  meeting 
of  the  Board ;  such  alteration,  or  amendment,  to  take  eflfect,  and  be  in 
force  only  when  the  same  shall  be  approved  by  the  General  Assembly. 

2.    Charter  and  supplements. 

An  Act  to  incorporate  "The  Presbyterian  Tlieological  Seminary  of  the  North- 
west." 

Whereas,  It  is  represented  to  tlie  General  Assembly  of  the  State  of  Illinois, 
that  the  Synods  of  Cincinnati,  Wisconsin,  Iowa,  Illinois,  Northern  Indiana, 
Chicago  and  Indiana,  of  the  Presbyterian  Church  in  the  United  States  of 
America,  did  respectively  on  the  sixth,  the  tenth,  the  eleventh,  the  thirteenth 
and  the  eighteenth  days  of  October,  in  the  year  of  our  Lord  eighteen  hun- 
dred and  fifty -six,  adopt  an  instrument  entitled  "The  Constitution  of  the 
Presbyterian  Theological  Seminary  of  the  Northwest,"  and  have  now  a 
seminary  for  the  professional  education  of  candidates  for  the  Christian  minis- 
try, established  and  in  operation  under  the  said  Constitution  ;  And  Whereas,  It  is 


496  FORM  OF  GOVERNMENT,  CHAP.  XII. 

represented,  that  in  order  to  tlie  more  convenient  custody,  management  and 
disposal  of  the  funds  and  other  property  now  possessed,  and  which  shall  here- 
after be  possessed  for  the  use  of  the  said  seminary,  by  the  Synods  aforesaid, 
and  other  Synods  which  shall  become  united  with  them  in  the  direction  and 
control  of  the  said  seminary,  in  conformity  to  the  said  Constitution,  it  is  neces- 
sary that  there  be  constituted  a  Board  of  Trustees,  which  shall  be  a  corpora- 
tion, or  body  corporate  and  politic  in  law  and  in  fact ;  therefore. 

Be  it  enacted  by  the  peopleof  the  State  of  Illinois,  represented  in  the  General 
Assembly  : 

Section  1.  That  John  Wilsoii,  Samuel  Howe,  R.J.  Hamilton,  R.  W.  Henr}-, 
A.  B.  Newkirk,  R.  B.  Mason,  William  Baily,  Warren  Norton  and  A.  J.  Buel. 
who  at  present  constitute  the  Board  of  Trustees  aforesaid  in  said  office,  and 
their  successors,  duly  elected  and  appointed  in  the  manner  hereinafter  pro- 
vided, be,  and  they  are  hereby  constituted  and  declared  a  corporation  or  body 
corporate  and  politic  in  law  and  in  fact,  and  to  have  continuance  and  perpetual 
succession,  by  the  name  and  style  of  "  The  Trustees  of  the  Presbyterian  Theo- 
logical Seminary  of  the  Northwest." 

Sec,  2.  That  the  said  corporation  shall  be  composed  of  nine  trustees,  of 
whom  not  less  than  five  shall  be  citizens  of  the  State  of  Illinois  ;  and  the  Board 
of  Directors  of  the  seminary  established  under  the  said  Constitution,  shall 
have  power  at  any  meeting  held  in  the  State  of  Illinois,  to  change  one-third  of 
the  whole  number  of  trustees  in  such  manner  as  to  the  said  Board  of  Directors 
shall  seem  proper,  and  to  fill  all  vacancies  which  may  then  exist  in  the  Board  of 
Trustees  ;  and  of  every  trustee,  so  appointed,  the  proper  credentials  shall  be  a 
written  certificate  of  his  appointment  by  the  Board  of  Directors,  authenticated 
by  the  names  of  its  president  and  secretary. 

Sec.  3.  That  before  any  trustee  enter  on  the  execution  of  his  office,  he  shall 
subscribe,  in  a  book  kept  for  that  purpose,  the  following  engagement :  "In  the 
presence  of  God,  I  do  solemnly  promise  that  I  will  faithfully  execute  the  office 
of  a  trustee  of  the  Presbyterian  Theological  Seminarj'^  of  the  Northwest,  under 
the  act  to  incorporate  the  trustees  thereof,  and  will  support  the  Constitution  of 
the  seminary  so  long  as  I  continue  in  this  office." 

Sec.  4.  That  any  five  members  of  the  said  corporation,  being  met  for  the  first 
time  in  conformity  to  this  Act,  or  afterwards,  in  the  manner  hereinafter  pro- 
vided, shall  be  a  quorum  competent  to  transact  its  business. 

Sec.  5.  That  the  said  corporation  shall  have  power  to  make  all  rules  and 
by-laws  which  may  be  necessary  and  proper  for  the  transaction  of  its  business; 
it  shall  have  powder  according  to  its  own  rules  and  as  shall  seem  to  it  proper,  to 
appoint  a  president,  a  vice-president  and  a  secretary  out  of  its  own  members, 
and  other  officers  or  agents  at  its  discretion,  the  times  and  tenures  of  their 
offices  respectively,  the  duties  belonging  to  each,  and  the  pecuniary  compensa- 
tion which  they  shall  receive. 

Sec.  6.  That  the  first  meeting  of  the  said  corporation  shall  be  held  in  the 
city  of  Chicago,  at  such  time  as  any  five  of  the  trustees  named  in  this  act  being 
assembled  together  shall  appoint ;  afterwards  it  shall  meet  at  such  times  and 
places  as  it  shall  appoint,  and  the  president,  or  in  case  of  his  absence,  or  in- 
ability, or  refusal,  or  neglect  to  act,  the  vice-president,  or  if  he  fail,  the  secre- 
tary shall  have  power,  and  when  requested  by  any  three  trustees,  it  shall  be 
his  duty  to  convene  the  corporation  ;  of  the  time  and  place  of  which  special 
meeting,  the  officer  calling  it  shall  give  to  each  trustee  due  notice,  either  by 
himself  orally,  or  by  some  other  person,  or  by  a  written  note  left  at  the  dwell- 
ing or  the  usual  place  of  business  of  such  trustee,  or  sent  to  him  by  mail  at 
least  seven  days  before  the  time  of  such  meeting. 

Sec.  7.  That  all  questions  before  the  said  corporation  shall  be  decided  by  a 
majority  of  the  members  present  at  the  time,  and  on  every  such  question  each 
member  shall  have  one  vote,  except  the  president,  or  other  person  when  acting 
as  president,  who  shall  have  only  the  casting  vote,  in  case  the  votes  of  the 
other  members  shall  be  equally  divided. 

Sec.  8.  That  the  said  corporation  shall  have  power  to  make,  have  and  use 
one  common  seal,  with  such  device  and  inscription  as  it  shall  appoint,  and  the 
same  to  break,  change  or  renew  at  its  discretion. 

Sec.  9.  That  the  said  corporation  shall  have  power  to  appoint  a  treasurer, 
who  shall  hold  his  office  during  the  pleasure  of  the  corporation,  w'hose  duty  it 
shall  be,  under  the  direction  of  the  corporation,  to  keep  all  books  of  account, 
to  have  the  custody  of  all  such  books  of  account,  securities,  of  every  kind,  and 
other  papers  and  documents  relating  to  the  finances,  and  of  all  funds,  moneys, 


OF   THE   GENERAL   ASSEMBLY.  497 

and  other  property,  real  and  personal  except  the  buildings  and  grounds  con- 
nected therewith,  occupied  by  the  seminary,  the  library  and  furniture  of 
which,  subject  to  the  disposal  of  the  corporation,  the  faculty  shall  have  the 
custody  and  control,  and  to  present  to  the  corporation  annually,  and  ofteuer 
whenever  required,  a  clear,  full  and  true  report  of  the  ti-ansactions  of  the  cur- 
rent year,  or  any  part  thereof,  and  of  the  whole  state  of  the  finances;  he  shall 
be'the  keeper  of  the  seal,  and  siiall  have  the  sole  right  to  use  it  for  the  authentica- 
tion of  such  instruments  as  the  corporation  shall  direct  him  thus  to  authenti- 
cate, and  shall  execute  to  the  corporation,  whenever  required,  a  bond  or  bonds, 
in  such  penal  sum  or  sums,  and  with  such  securities  as  the  corporation  shall 
prescribe,  for  the  faithful  execution  of  his  office  ;  and  of  all  such  bonds  and 
securities  the  president  of  the  corporation  shall  have  the  custody. 

Sec.  10.  That  the  said  corporation,  by  the  name  and  style  aforesaid,  shall  be 
capable  and  able  in  law  to  sue  and  be  sued,  plead  and  be  impleaded,  in  any 
court  or  courts  of  law  or  of  equity,  before  any  judge  or  judges,  in  all  and  all 
manner  of  suits,  complaints,  pleas,  causes,  matters,  and  demands  of  whatsoever 
kind  or  form  they  may  be,  and  all  things  therein,  or  anywise  relating  to  do  in 
as  full  and  effectual  a  manner  as  any  person  or  persons,  or  any  body  politic 
and  corporate  within  the  State,  may  or  can  do. 

Sec.  11.  That  the  said  corporation  is  hereby  expressly  prohibited  from  exer- 
cising, in  virtue  from  any  power  derived  from  this  act,  any  authority  or  con- 
trol in  any  way  whatever  in  respect  to  the  doctrine  or  doctrines  taught,  the 
course  of  instruction  and  study,  or  the  government  and  discipline  in  the  said 
seminary,  or  to  the  appointment  of  professors  or  other  instructors  in  the  said  semi- 
nary, the  tenure  of  their  offices  or  the  execution  thereof,  or  to  the  pecuniary  com- 
pensation which  any  such  professor  shall  receive,  or  the  time  ormanner  of  its  pay- 
ment ;  all  of  which  matters  and  things  shall  remain  under  the  exclusive  power 
and  direction  of  the  Synods  aforesaid,  and  such  other  Synods  as  shall  become 
united  with  them  therein,  in  conformity  to  the  provisions  of  the  Constitution 
of  the  said  seminarj'^,  as  the  same  now  exists,  or  as  it  may  hereafter  exist  by 
amendments  provided  for  by  the  said  Constitution,  and  of  the  Board  of  Direc- 
tors of  the  said  seminary,  and  so  far  as  it  respects  the  execution  of  their  own 
offices,  to  the  professors  of  said  seminary  ;  the  said  directors  being  in  all 
things  appertaining  to  their  own  offices  subject  to  the  control  of  said  Synods, 
and  the  professors  amenable  to  the  Board  of  Directors,  in  conformity  to  the 
said  Constitution. 

Sec.  13.  That  the  said  corporation,  by  the  name  and  style  aforesaid,  shall  be 
capable  in  law,  and  have  full  power  to  take,  receive  and  hold  all  and  all  man- 
ner of  lands,  tenements,  moneys,  stocks,  rents,  annuities,  reversions,  franchises, 
legacies,  hereditaments  and  other  property,  real  or  personal  whatsoever,  which 
have  at  any  time  or  times  heretofore  been  granted,  sold,  bargained,  released, 
devised,  or  otherwise  conveyed  to  any  other  body  politic  and  corporate,  or 
any  other  person  or  per.sons  whatever,  for  the  use  of  the  said  seminary,  or  in 
trust  for  the  same;  and  the  said  lands,  tenements,  moneys,  stocks,  rents,  an- 
nuities, reversions,  franchises,  legacies,  hereditaments,  and  other  property, 
real  and  personal,  are  hereby  vested  and  established  in  the  said  corporation  for- 
ever, according  to  the  use  and  interest  for  which  such  gifts,  grants,  devises, 
releases,  or  other  conveyances  respectively,  were  originally  made  ;  and  the 
said  corporation  is  hereby  declared  to  be  seized  and  possessed  of  such  estate  or 
estates  therein,  as  in  and  by  their  respective  grants,  sales,  bargains,  enfeoff- 
ments, gifts,  devises  and  other  conveyances  thereof,  are  declared  limited  and 
expressed.  That,  further,  the  .said  corporation  and  their  successors,  shall  be 
capable  in  law,  and  shall  have  full  power  to  take,  receive,  hold  and  enjoy,  in 
fee  simple,  or  of  lesser,  estate  or  estates,  in  trust  for  the  use  of  the  said  semi- 
nary, all  lands,  tenements,  moneys,  stocks,  rents,  annuities,  franchises,  lega- 
cies, hereditaments  and  other  property,  real  and  personal  whatsoever,  by  sale, 
bargain,  grant,  enfeoffment,  release,  gift,  devise,  or  other  conveyance  of  any 
body  politic  and  corporate,  or  of  any  person  or  persons  capable  to  make  the 
same  ;  and  that  no  misnomer  of  the  said  corporation  and  their  successors 
shall  annul,  defeat,  or  in  anywise  impair  any  gift,  devise  or  grant  of  any  kind 
to  the  said  corporation,  or  to  any  other  person  or  persons,  or  any  other  body 
politic  and  corporate  for  the  said  corporation  :  Provided,  That  the  interest  or 
party  or  parties  shall  sufficiently  appear  upon  the  face  of  the  gift,  grant,  will 
or  other  writing,  whereby  it  was  intended  that  any  estate  or  interest  should 
pass  to  said  corporation,  or  to  any  other  body  politic  and  corporate  for  the  use 
of  the  said  seminary. 


498  FORM  OF  GOVERNMENT,  CHAP.  XII. 

Sec.  13.  That  the  said  corporation  and  its  successors  shall  have  power  to  in- 
vest and  loan  all  moneys  and  funds,  and  by  bargain,  sale,  lease,  or  otherwise, 
to  manage,  sell  and  dispose  of  any  and  all  lands,  tenements,  stocks,  rents,  an- 
nuities, franchises,  legacies,  bequests  and  estates  of  any  kind  of  which  they 
shall  be  legally  seized  and  possessed,  for  the  sole  use  of  the  said  seminarjv.  in 
the  promotion  of  the  objects  for  which  it  is  established,  and  ia  conformity  to 
the  provisions  of  this  act.  That  the  said  corporation  shall  have  power  and 
it  shall  be  its  duty,  out  of  any  estate,  funds  and  property  in  its  possession, 
custody,  management  and  control,  and  not  otherwise  appropriated  and  limited, 
to  provide  by  purchase  or  otherwise,  grounds,  buildings,  libraries,  furniture 
and  other  accommodations  for  the  use  of  the  said  seminary  ;  and  in  like  man- 
ner to  provide  an  income  for  payment  of  all  such  salaries  and  compensations 
of  professors,  instructors  and  other  officers  and  agents  of  the  said  seminary,  as 
shall  be  allowed  and  appointed  by  the  Board  of  Directors  of  said  seminary, 
and  for  the  payment  of  the  salaries  and  compensations  allowed  and  appointed 
by  the  said  corporation  to  its  own  officers,  agents,  or  other  persons,  and  for 
defraying  all  the  necessary  and  proper  expenses  for  the  transaction  of  its 
business. 

Sec.  14,  That  in  all  cases  in  which  special  instructions  shall  be  given  by 
the  Board  of  Directors  of  the  said  seminary  in  writing,  authenticated  by  the 
names  of  its  president  and  secretary,  in  respect  to  the  custody,  investment, 
management  or  disposal  of  any  lands,  tenements,  stocks,  moneys,  gifts,  lega- 
cies, hereditaments,  property,  real  and  personal,  estate  or  estates  of  any  kind, 
of  which  the  said  corporation  shall  be  possessed,  it  shall  be  the  dutj'  of  the 
said  corporation  to  act  in  conformity  to  said  instructions  :  Provided,  That  the 
said  instructions  shall  not  be  repugnant  to  the  Constitution  of  the  United 
States,  to  the  Constitution  and  laws  of  this  State,  or  to  this  act. 

Sec.  15.  That  the  said  corporation  shall  keep  a  journal  of  its  proceedings, 
and  shall  keep  regular  and  fair  entries  of  all  its  pecuniary  transactions,  and  a 
true  and  exact  account  of  its  receipts  and  disbursements  in  a  book  or  books 
kept  for  that  purpose  ;  make  to  the  Board  of  Directors  of  the  said  seminary  a 
clear,  full  and  true  report  of  the  transactions  of  the  current  year,  or  any  part 
thereof,  and  of  the  whole  state  of  the  finances;  and  shall,  whenever  required,  sub- 
mit its  journal  and  all  books  of  account,  securities  and  other  papers  and  docu- 
ments relating  to  the  business  of  the  corporation,  to  the  examination  of  the 
Board  of  Directors  of  the  said  seminary,  or  of  any  person  or  persons  appointed 
by  the  said  board  to  make  such  examination. 

Sec.  16.  That  the  said  corporation  shall  have  power  to  take,  receive,  hold, 
possess  and  enjoy  for  the  use  of  the  said  seminary,  lands,  messuages,  tenements, 
stocks,  rents,  annuities,  grants,  gifts,  hereditaments,  and  other  estate,  real  and 
personal. 

Sec.  17.  This  act  shall  be  deemed  and  taken  to  be  a  public  act,  and  shall 
be  of  force  from  and  after  the  date  of  its  passage. 

(Signed)  Samuel  Holmes, 

Speaker  of  the  House  of  Representatives. 

John  Wood, 

Speaker  of  the  Senate. 

W.    H.    BiSSELL. 

Approved,  February  16,  1857. 

An  act  to  amend  an  act,  entitled    "An  act  to  incorporate  the  Presbyterian 
Theological  Seminary  of  the  Northwest,"  approved,  February  16th,  1857. 

Be  it  enacted  by  the  people  of  the  State  of  Illinois,  represented  in  the  General 
Assembly  ; 

Section  1.  That  the  transfer  of  the  government  of  the  said  seminary  by  the 
said  Sj^nods,  in  the  act  of  incorporation  mentioned,  to  the  General  Assembly  of 
the  Presbyterian  Church  in  the  United  States,  and  the  amendments  made  by 
the  General  Assembly  to  the  Constitution  of  said  seminary,  and  the  appoint- 
ment of  the  Board  of  Directors  and  of  the  Board  of  Trustees,  and  all  other 
by-laws,  rules  and  regulations,  and  other  acts  and  doings  by  the  said  Board  of 
Directors  and  Trustees,  be  and  the  same  are  hereby  satisfied  and  confirmed. 
The  said  General  Assembly  shall  have  and  may  exercise  all  the  powers  now 
or  hereafter  conferred  upon  it  by  the  Constitution,  as  amended,  or  as  it  maj' 
hereafter  be  amended  by  said  General  Assembly  ;  and  all  such  amendments, 


OF   THE    GENERAL   ASSEMBLY.  499 

by-laws,  rules  and  regulations,  now  or  hereafter  adopted,  not  repugnant  to  the 
laws  of  the  land,  shall  have  full  force  and  effect. 

Sec.  2.  This  act,  and  the  act  to  wliich  it  is  an  amendment,  shall  be  public  acts; 
and,  judicially  noticed,  sliall  be  liberally  construed  ;  and  all  proceedings  of  the 
corporation,  certified,  under  its  seal,  shall  be  received  as  evidence  in  all  courts; 
and  shall  take  effect  from  its  passage. 
Approved,  February  20,  1861. 

(Signed),  Shelby  M.  Cullom, 

Speaker  of  the  House  of  Representatives. 
Fkancis  a.  Hoffman, 

Speaker  of  the  Senate. 

3.  Relations  to  the  General  Assembly. 
3.  The  Board  of  Directors  of  the  Northwestern  Theological  Seminary 
report  .  ..."  In  regard  to  the  relations  of  the  seminary  to  the  Gen- 
eral Assembly,  the  Board,  finding  that  there  are  legal  points  involved  in 
this  question  wliich  require  careful  investigation,  referred  the  whole 
matter  to  a  Committee,  with  instructions  to  report  to  the  directors  at 
their  next  annual  meeting  in  April,  1872." — 1871,  p.  580. 

The  Report. 

In  regard  to  the  relation  of  the  seminary  to  the  General  Assembly,  the 
Board  have  carefully  considered  the  same ;  and  Avith  entire  unanimity, 
and  with  the  consent  and  approval  of  Mr.  McCormick,  have  adopted  a 
report  and  resolutions,  not  only  approving  of  the  principles  of  the 
request  and  suggestion  of  the  Assembly,  but  embodying  the  necessary 
amendments  to  the  Constitution  in  form,  and  requesting  the  Assembly 
to  adopt  them.     The  resolution  and  amendments  are  as  follows,  viz. : 

The  Committee  on  the  relations  of  the  seminary  to  the  General  Assem- 
bly presented  their  report,  through  the  Hon.  Samuel  M.  Moore,  as 
follows : 

Your  Committee,  to  whom  was  referred  the  propriety  of  suggesting 
such  amendments  and  changes  of  the  Constitution  of  our  seminary  as 
may  bring  the  same  in  harmony  with  the  expressed  views  of  the  General 
Assembly  of  the  Presbyterian  Church  in  the  United  States  of  America, 
would  report  that  they  have  considered  the  matter,  and  that  they  find  no 
objections  thereto.  They  understand  that  the  generous  and  Christian- 
spirited  donor  of  the  only  portion  of  our  property  and  funds  that  is  held 
subject  to  the  continuance  of  the  relations  of  the  seminary  to  the  General 
Assembly  consents  that  the  management  and  control  may  be  transferred 
to  the  Board  of  Directors,  the  Assembly  reserving  the  right  to  disap- 
prove and  forbid  in  certain  matters.  We  believe  the  change  will  redound 
to  the  benefit  and  efiiciency  of  the  seminary. — 1872,  p.  125. 

4.    Answer  of  the  McCormick  Boards,  1895. 

Board  of  Directors. 

Resolved,  That  the  Board  of  Directors  recognizes  with  pleasure  the 
close  relations  which  this  seminary  must,  under  its  Constitution  and 
charter,  sustain  towards  the  General  Assembly — relations  which  the  semi- 
nary desires  to  maintain  in  their  full  integrity  as  to  teaching  and  all  other 
particulars,  and  yet,  regretting  the  necessity  of  declining  any  request  of 
the  Assembly,  in  reply  to  the  proposal  of  the  General  Assembly,  does  not 
think  it  advisable  or  expedient  to  make  the  changes  in  our  charter  pro- 
posed by  the  General  Assembly.  A.  W.  Ringland,  Secretary. 

Chicago,  May  2,  1895.  —1895,  p.  161. 


500  FORM  OF  GOVERNMENT,  CHAP.  XII. 

Board  of  Trustees. 

In  answer  to  your  inquiry,  I  beg  to  say  that  inasmuch  as  the  Board  of 
Trustees  of  the  McCormick  Seminary  is  elected  l)y  the  Board  of  Directors, 
we  felt  that  the  answer  made  by  the  directors  would  be  sufficient  for  your 
Committee  in  making  its  report  to  the  General  Assembly. 

We  feel  that  our  Constitution  and  charter  already  express  the  closest 
relation  to  the  General  Assembly,  and  that  the  funds  and  property  for 
which  we  are  trustees  are  amply  safeguarded. 

The  resolution  of  the  Board  of  Directors  above  quoted  expresses  the 
sentiment  also  of  the  Trustees.  Henry  W.  King, 

President  of  the  Board  of  Trustees. 

— i895,  p.  162. 

5.  Answer  of  the  Board  of  Directors,  1896. 

Whereas,  During  the  year  preceding  the  annual  meeting  of  this  Board, 
held  in  1895,  the  fullest  consideration  was  given  to  the  proposals  pre- 
sented by  the  Committee  from  the  General  Assembly,  looking  toward  a 
change  in  the  Constitution  and  charter  of  this  seminary,  the  result  of 
which  was  the  adoption  by  this  Board  of  a  resolution  declaring  it  to  be 
inexpedient  and  unadvisable  to  make  the  changes  proposed ;  and  the  said 
Committee  has  again  presented  the  request  of  the  General  Assembly  for 
the  changing  of  the  charter  of  this  institution  upon  the  lines  heretofore 
proposed ;  and 

Whereas,  The  further  consideration  of  the  whole  matter  with  the 
Committee  of  Conference  has  failed  to  bring  forward  any  new  light  upon 
the  main  questions  involved,  which  were  exhaustively  examined  by  this 
Boai'd  at  its  meeting  in  1895,  now,  therefore,  be  it 

Resolved,  That  the  Board  of  Directors  of  McCormick  Theological 
Seminary  of  the  Presbyterian  Church  reaffirms  in  strongest  terms  its 
revei'ence  for  and  loyalty  to  the  Standards  and  to  the  General  Assemblv 
of  the  Presbyterian  Church,  and  its  sympathy  in  all  efforts  to  promote 
purity  of  doctrine  and  teaching.  Nevertheless  this  Board  believes,  and 
is  so  advised,  by  counsel  learned  in  the  law,  that  its  relation  to  the 
General  Assembly  now  carries  out  fully  the  spirit  of  the  proposed 
changes;  that  the  property  and  teaching  are  already  safeguarded  to  the 
Presbyterian  Church;  that  in  view  of  the  peculiarly  close  relations  exist- 
ing between  the  General  Assembly  and  this  seminary,  by  reason  of  the 
provisions  already  found  in  its  Constitution  and  charter,  any  further 
changes,  as  proposed,  are  unwise  and  unnecessary,  and  this  Board  does 
not  consider  it  expedient  to  make  said  changes. 

Adopted  by  a  vote  of  18  for,  11  against. 

Copy  of  order  taken  by  the  Board  of  Directors  of  McCormick  Theo- 
logical Seminary,  May  7,  1896.— 1896,  p.  193. 

6.  Answer  of  the  Board  of  Directors,  1897. 

The  communication  from  the  General  Assembly  was  fully  considered 
by  the  directors  of  the  McCormick  Theological  Seminary  at  their  annual 
meeting,  May  6,  1897,  and  the  following  communication  to  the  General 
Assembly  was  adopted : 

The  General  Assembly  of  1896,  having  requested  the  theological  semi- 
naries to  report  their  several  attitudes  toward  the  plan  advised  by  the 
Assemblies  of  1894  and  1895,  for  changing  the  charters  of  the  seminaries, 


OP   THE   GENEKAL    ASSEMBLY.  501 

the  Board  of  Directors  of  McCormick  Theological  Seminary  have  again 
considered  the  matter  and  would  respectfully  submit  the  following : 

The  Board  reiterates  its  loyalty  to  the  Standards  and  to  the  General 
Assembly  of  our  beloved  Church,  and  its  full  sympathy  with  the  endeavor 
to  safeguard  the  })roperty  entrusted  to  the  seminaries,  and  to  insure  their 
denominational  faithfulness  and  the  purity  of  their  doctrinal  teachings. 
The  close  relations  and  strict  subordination  of  this  seminary  to  the  Gen- 
eral Assembly,  secured  by  the  charter  and  the  Constitution  of  this  semi- 
nary, are  entirely  agreeable  to  this  Board. 

The  charter  and  Constitution  of  this  seminary  substantially  secure  the 
end  which  the  Assembly  seeks,  and  are  capable  of  being  altered  or 
amended  only  upon  the  approval  of  the  Assembly.  The  elections  of 
directors,  and  the  elections  or  removals  of  professors,  are  subject  to  the 
veto  of  the  Assembly.  The  teaching  of  the  seminary  has  for  its  object, 
according  to  the  Constitution,  "To  instruct  candidates  for  the  Gospel 
ministry  in  the  knowledge  of  the  Word  of  God  .  .   and  of  the  doc- 

ti'ine,  order  and  institutes  of  worsliip  taught  in  the  Scriptures,  and  sum- 
marily exhibited  in  the  Constitution  of  the  Presbyterian  Church  .... 
and  to  impart  to  them,  as  fjir  as  may  be,  the  varied  learning  by  which 
they  may  be  furnished  for  its  work." 

The  property  of  this  seminary  is  already  so  fully  safeguarded  to  the 
Presbyterian  Church  that,  in  the  judgment  of  able  jurists,  the  changes 
suggested  would  be  wholly  ^vithout  advantage,  and  might  be  hazardous 
to  the  common  interests  of  the  Assembly  and  this  seminary. 

The  relations  between  this  seminary  and  the  Assembly  have  for  twenty- 
seven  years  been  entirely  harmonious  and  mutually  helpful.  The  success 
of  the  existing  method  of  supervision  in  the  past,  is  its  best  guarantee 
for  the  future.  The  growth  and  prosperity  of  this  institution  have  in- 
spired many  thanksgivings  to  God.  Every  director  and  every  professor 
takes  a  solemn  pledge  to  support  the  Constitution  of  the  seminary  and 
the  Constitution  of  the  Presbyterian  Church. 

It  is  the  belief  of  this  Board  that  the  proposed  changes  would  not  be 
for  the  best  interests  of  this  seminary,  nor  promotive  of  future  gifts  to  it. 
They  vvould  disturb  rather  than  establish  confidence,  and  raise  doubt  and 
distrust  of  their  legal  effect  if  they  should  be  adopted. 

While,  therefore,  the  Board  of  Directors  deeply  regrets  the  necessity 
of  declining  any  request  of  the  General  Assembly,  it  does  not  see  its  way 
clear  to  make  the  proposed  changes  in  the  charter  of  McCormick  Semi- 
nary. 

Adopted  by  unanimous  vote. — 1897,  p.  109. 

7.    Answers  of  the  Assembly. 

[Note.— See  in  this  Digesf,  No.  11,  p.  420,  and  Nos.  12  and  13,  p.  421.] 
VIII.       BLACKBURN    UNIVERSITY. 

[Note.— Located  at  Carlinville,  111.  See  Digest,  1886,  p.  396.] 
The  trustees  of  Blackburn  University,  at  their  annual  meeting,  held 
in  June,  1871,  adopted  the  plan  recommended  by  the  Assembly  of 
1870,  by  incorporating  into  the  Constitution  of  the  university  the  follow- 
ing section :  ' '  Whenever  hereafter  any  person  shall  be  elected  by  the 
trustees  to  fill  any  professorship  in  the  theological  department  of  the 
university,  the  trustees  shall  report  their  election  to  the  next  General 
Assembly  of  the  Presbyterian  Church  in  the  United  States;  and  if  the 


502  FORM  OF  GOVERNMENT,  CHAP.  XII. 

General  Assembly  at  that  meeting  shall,  by  formal  vote,  refuse  to 
approve  of  such  election,  then  the  person  elected  by  the  trustees  shall 
cease  to  be  a  professor. ' ' 

The  institution  was  founded  by  Rev.  Gideon  Blackburn,  D.D.,  who, 
in  the  year  1838,  conveyed  to  a  Board  of  Trustees  several  thousand 
acres  of  land,  for  the  purpose  of  founding  "  an  institution  of  learning, 
the  object  of  which  shall  be  to  promote  the  general  interests  of  education, 
and  to  qualify  young  men  for  the  office  of  the  Gospel  ministry."  The 
institution  was  located  at  Carlinville,  111. 

The  trustees  were  incorporated  in  the  year  1857  by  the  Legislature  of 
Illinois,  with  the  name  of  "  The  Blackburn  Theological  Seminary,"  and 
at  about  the  same  time  an  academic  department  was  established.  In 
A.D.  1867,  the  institution  was  organized  as  a  university,  and  the  fol- 
lowing year  its  corporate  name  was  changed  by  the  Legislature  to  that 
of  "  Blackburn  University."  The  Board  consists  of  thirteen  members, 
who  must  be  residents  of  the  State  of  Illinois.  At  least  nine  of  this 
number  must  "  be  chosen  from  among  persons  who  are  regular  members 
of  the  Presbyterian  Church ;  and  if  any  trustee  thus  chosen  shall  at  any 
time  cease  to  be  a  regular  member  of  the  Presbyterian  Church,  he  shall, 
ipso  facto,  cease  to  be  a  trustee. ' ' 

Every  professor  appointed  in  the  theological  department,  also  every 
professor  in  the  collegiate  department,  whose  professorship  shall  include 
mental  or  moral  science  or  metaphysics,  and  also  the  president  of  the 
university,  are  required,  before  they  can  enter  upon  the  duties  of  their 
office,  to  subscribe  their  names  to  the  following  declaration: 

"I  do  hereby  avow  my  sincere  belief  in  the  Bible  as  the  Word  of 
God,  and  in  the  system  of  doctrines  contained  in  the  Westminster 
Confession  of  Faith  as  the  system  which  accords  with  the  Word  of  God; 
and  I  do  solemnly  pledge  myself,  in  all  my  duties  as  an  instructor  and 
officer  in  Blackburn  University,  never  knowingly  to  teach  anything  in 
conflict  with  such  system  of  doctrines." 

Every  other  professor  or  instructor  in  any  department  is  required  also 
to  affirm  his  "  belief  in  the  Bible  as  the  Word  of  God." 

Thus  every  department  of  instruction  is  secured  from  all  danger  from 
infidel  teachings. 

In  view  of  these  facts,  your  Committee  gladly  commend  the  Black- 
burn University  to  the  Presbyterian  Church,  and  recommend  that  it  be 
recognized  and  reported  as  one  of  the  institutions  in  connection  with  the 
General  Assembly.     Adopted. — 1872,  p.  65. 

IX.      SAN    FRANCISCO   THEOLOGICAL   SEMINARY. 
[Note. — Founded  1871.     Located  at  San  Anselmo,  Cal.] 

1.   Revised  Plan. 

[N'oTE— As  adopted  by  the  Synod  of  the  Pacific,  October  6,  1890,  and  October  15, 
1891.] 

With  an  eye  single  to  the  glory  of  God,  and  the  promotion  of  the 
Redeemer's  kingdom  upon  earth,  the  Synod  of  the  Pacific,  in  humble 
dependence  on  the  patronage  and  blessing  of  the  great  Head  of  the 
Church,  do  make  and  ordain  the  following  Constitution  for  the  organiza- 
tion and  government  of  an  institution  solely  consecrated  to  the  education 
of  suitable  men  for  the  office  and  work  of  the  Christian  ministry,  which 
shall  be  denominated  "  The  San  Francisco  Theological  Seminary." 


OF   THE   GENERAL    ASSEMBLY.  503 

Article  I.      Of  the  Synod. 

1.  As  this  institution  originates  with  the  S)niod,  so  that  body  is  to  be 
considered  at  all  times  its  patron  and  the  fountain  of  its  powers.  The 
Synod  shall,  accordingly,  appoint  its  directors,  and  its  sanction  shall 
be  necessary  to  the  validity  of  its  laws,  and  the  appointment  of  all 
professors. 

2.  The  Synod  shall  choose  a  Board  of  Directors  consisting  of  twelve 
ministers  and  twelve  laymen,  all  of  whom  shall  be  in  connection  with 
the  Presbyterian  Church  in  the  United  States  of  America,  and  not  less 
than  eight  of  said  laymen  shall  be  ruling  elders  in  said  Church ;  by 
which  the  seminary  shall  be  inspected  and  conducted.  Of  this  number 
one-third,  or  four  ministers  and  four  laymen,  shall  be  chosen  annually, 
to  continue  in  office  three  years.* 

3.  The  Board  of  Directors  shall  have  power  to  till  all  vacancies,  which 
may  occur  by  death,  resignation  or  otherwise,  between  the  meetings  of 
the  Synod,  and  in  the  event  of  a  failure  on  the  part  of  the  Synod  to 
provide  for  vacancies  occurring  by  expiration,  the  members  of  the  Board 
whose  terms  shall  have  expired  shall  be  regarded  as  their  own  successors, 
and  they  shall  be  classified  accordingly. 

4.  The  appointment  of  all  professors  of  the  seminary  shall  be  subject 
to  the  approval  of  the  Synod  at  the  time  of  their  appointment,  if  the 
Synod  be  then  in  session ;  otherwise  at  the  next  regular  meeting  of  the 
Synod,  subject  to  the  requirement  of  the  General  Assembly  (^Minutes  of 
1870,  p.  63). t 

5.  The  Synod  shall  at  all  times  have  the  power  of  adding  to,  altering 
or  amending  any  of  the  Constitutional  articles  of  the  seminary ;  but  in 
the  exercise  of  this  power,  no  such  change  shall  be  made  unless  proposed 
first  at  one  meeting  of  the  Synod,  and  then  adopted  at  the  meeting  of 
the  next  year,  except  by  a  unanimous  vote. 

Article  II.      Of  the  Board  of  Directors. 

1 .  The  Board  of  Directors  shall  meet  statedly  twice  in  the  year ;  at 
the  close  of  the  session  of  the  seminary  and  just  before  the  meeting 
of  the  Synod  of  the  Pacific.  Eleven  members  of  the  Board  shall  be  a 
quorum. 

2.  The  Board  shall  choose  out  of  their  own  number  a  president,  vice- 
president  and  secretary.  The  treasurer  of  the  seminary  shall  be  elected 
by  the  Board  of  Trustees,  subject  to  confirmation  by  the  Board  of 
Directors. 

3.  The  president  of  the  Board,  or  in  the  event  of  his  death,  absence, 
resignation  or  inability  to  act,  the  vice-president  shall,  at  the  request  of 
any  six  members,  expressed  to  him  in  writing,  call  a  special  meeting  of 
the  Board  of  Directors,  by  a  circular  letter  addressed  to  each  member,  in 
which  letter  notice  shall  be  given  not  only  of  the  time  and  place  of  meet- 

*  According  to  the  conditions  of  the  Ladd  gift,  at  least  one-fourth  of  the  Directors 
shall  be  nominated  for  election  by  the  Synod  of  the  Columbia,  to  the  Synod  of  the 
Pacific,  and  these  Directors  so  nominated  shall  be  members  of  the  Synod  of  the 
Columbia,  or  of  some  church  belonging  to  that  Synod. 

t  According  to  the  conditions  of  the  Ladd  gift,  the  directors  representing  the 
Synod  of  tlie  Columbia  have  the  exclusive  right  to  nominate  to  the  Board  of  Direc- 
tors, the  Professor  for  the  Chair  of  Practical  Theology,  and  his  election  is  made  subject 
to  the  approval  of  the  Synod  of  the  Columbia  in  addition  to  that  of  the  Synod  of  the 
Pacific. 


504  FORM  OF  GOVERNMENT,  CHAP.  XII. 

iug,  but  also  of  the  specific  business  intended  to  be  transacted  at  the  meeting 
notified ;  and  this  letter  shall  be  sent  at  least  ten  days  before  the  time  of 
said  meeting. 

4.  The  secretary  of  the  Board  shall  keep  accurate  records  of  all  pro- 
ceedings of  the  directors,  and  it  shall  be  his  duty  to  lay  these  records,  or  a 
faithful  transcript  of  them,  before  the  Synod  as  often  as  they  may  be 
required  by  that  body,  for  the  free  inspection  of  any  and  all  of  its 
members. 

5.  The  Board  of  Directors  may  make  rules  and  regulations  for  the 
performance  of  the  duties  assigned  them,  or  for  the  preservation  of  order, 
not  inconsistent  with  the  provisions  of  this  Plan,  or  the  orders  of  the 
Synod. 

6.  The  Board  shall  direct  the  professors  of  the  seminary  in  regard  to 
the  subjects  and  topics  ou  which  they  ai'e  severally  to  give  instruction  to 
the  students  so  far  as  the  same  shall  not  be  prescribed  in  this  Plan,  or  by 
the  orders  of  the  Synod. 

7.  It  shall  be  the  duty  of  the  Board  of  Directors  to  inaugurate  the 
professors  of  the  seminary,  and  to  direct  what  forms  shall  be  used,  and 
Avhat  services  performed  on  such  occasions. 

8.  Every  director  previously  to  taking  his  seat  as  a  member  of  the 
Board  shall  solemnly  subscribe  to  the  following  foi*mula,  viz. :  "Approv- 
ing the  Plan  of  the  San  Francisco  Theological  Seminary,  I  solemnly 
declare  and  promise,  in  the  presence  of  God  and  of  this  Board,  that  I 
will  fiiithfully  endeavor  to  carry  into  effect  all  the  articles  and  provisions 
of  said  Plan,  and  to  promote  the  great  design  of  the  seminary." 

9.  The  Board  of  Directors  shall  inspect  the  fidelity  of  the  profassors, 
especially  in  regard  to  the  doctrines  actually  tauglit,  and  if,  after  due 
inquiry  and  examination,  they  shall  judge  that  any  professor  is  either 
unsound  in  faith,  opposed  to  the  fundamental  principles  of  Presbyterian 
Church  government,  immoral  in  his  conduct,  unfaithful  to  his  trust,  or 
incompetent  to  the  discharge  of  his  duties,  it  shall  be  the  duty  of  the 
Board  to  remove  him  and  appoint  another  in  his  place,  which  transaction, 
together  with  the  reasons  for  it,  shall  be  duly  reported  to  the  Synod  at  the 
next  meeting. 

10.  The  Board  of  Directors,  at  their  stated  spring  meeting,  shall  appoint 
what  shall  be  known  as  ' '  The  Seminary  Committee, ' '  consisting  of  three 
directors,  who  shall  be  charged  with  the  actual  oversight  of  the  inside 
work  of  the  institution ;  who  shall  have  power,  after  consulting  with  the 
faculty,  to  approve  or  modify  the  distribution  of  time  and  work  made  by 
the  professors  themselves  as  provided  for  in  Article  iii.  Section  8 ;  who 
shall,  from  time  to  time,  visit  the  classes  and  inspect  the  work  of  each 
department ;  who  shall  provide  temporary  instruction  during  the  prolonged 
absence  of  any  professor ;  who  shall  require  of  the  clerk  of  the  faculty  a 
written  bimonthly  statement  of  the  work  done  by  each  class  and  each 
professor  for  the  two  months  previous,  and  who  shall  submit  a  report  to 
the  Board  at  the  next  spring  meeting,  and  at  such  other  times  as  may  be 
desired  by  either  the  Committee  or  the  Board. 

11.  It  shall  be  the  duty  of  the  Board  of  Directors  to  watch  over  the 
conduct  of  the  students;  to  redress  grievances;  to  examine  into  the  whole 
course  of  instruction  and  study  in  the  seminary;  and  generally  to  super- 
intend and  endeavor  to  promote  all  its  interests. 

12.  The  Board  of  Directors  shall  make,  in  writing,  a  detailed  and 
faithful  report  of  the  state  of  the  seminary  to  the  Synod  at  each  annual 


OF   THE   GENEEAL    ASSEMBLY.  505 

meeting;  and  they  may,  at  the  same  time,  recommend  such  measures  for 
the  advantage  of  the  seminary  as  to  them  may  seem  proper. 

13.  The  Board  of  Directors  shall  nominate  and  elect  all  professors, 
subject  to  the  approval  of  the  Synod  and  the  Assembly,  and  shall  make 
provision  for  instruction,  when  any  chair  is  vacant.* 

14.  Ordinarily  the  professors  shall  be  elected  only  at  a  stated  meeting 
of  the  Board  of  Directors.  When  this  is  inexpedient,  every  candidate  for 
any  professorship  shall  be  nominated  at  least  one  month  before  the  elec- 
tion occurs,  and  the  election  shall  in  every  case  be  by  ballot. 

15.  At  their  first  meeting,  after  the  adjournment  of  the  Synod  of  the 
Pacific,  the  Board  of  Directors  shall  elect  five  of  their  own  number,  not 
more  than  two  of  whom  shall  be  trustees,  as  an  Executive  Committee,  to 
whom  shall  be  entrusted  the  general  duty  of  executing  the  directions  and 
managing  the  affairs  of  the  Board  ad  interim, ;  the  powers  of  this  Committee 
shall  be  limited  by  the  action  of  the  Board  it  is  designed  to  represent. 
It  shall  in  no  case  originate  policies  or  exceed  the  functions  of  a  mere 
Committee,  and  it  shall  submit  a  full  report  in  writing  to  the  Board  at 
their  stated  meetings,  and  at  any  other  time  when  so  required  by  the 
Board. 

Article  III.      Of  the  Professors. 

1.  The  number  of  professors  in  the  seminary  shall  be  increased  or 
diminished,  as  the  Board  of  Directors  may  from  time  to  time  determine. 
But  when  the  seminary  shall  be  fully  oi'ganized  and  completely  equipped, 
there  shall  not  be  less  than  four  professors. 

2.  No  person  shall  be  inducted  into  the  office  of  professor  of  Exegetical 
or  Systematic  or  Practical  Theology  but  an  ordained  minister  of  the 
Gospel. 

3.  Every  person  elected  to  a  professorship  in  this  seminary  shall,  on 
being  inaugurated,  solemnly  subscribe  to  the  Confession  of  Faith,  CJate- 
chisms,  and  forms  of  Church  government  of  the  Presbyterian  Church, 
agreeably  to  the  following  formula,  viz.  :  "In  the  presence  of  God  and 
of  the  directors  of  this  seminary,  I  do  solemnly  and  ex  animo  adopt, 
receive,  and  subscribe  the  Confession  of  Faith,  and  Catechisms,  of  the 
Presbyterian  Church  in  the  United  States  of  America,  as  the  confession 
of  my  faith,  and  as  containing  the  system  of  doctrine  taught  in  the  Holy 
Scriptures,  and  therein  revealed  by  God  to  man  for  his  salvation ;  and  I 
do  solemnly  and  ex  animo  profess  to  receive  the  form  of  government  of 
the  said  Church  as  agi'eeable  to  the  inspired  oracles. 

"  And  I  do  solemnly  promise  and  engage,  not  to  inculcate,  teach  nor 
insinuate  anything  which  shall  appear  to  contradict  or  contravene,  either 
directly  or  impliedly,  anything  taught  in  the  said  Confession  of  Faith  or 
Catechisms;  nor  to  oppose  any  of  the  fundamental  principles  of  Presby- 
terian Church  government,  while  I  shall  continue  a  professor  in  this 
seminary. ' ' 

4.  The  salaries  of  the  professors  shall  be  fixed  by  the  Board  of 
Directors. 

5.  The  same  person  shall  not  be  eligible  to  a  professorship  in  the 
seminary  and  at  the  same  time  to  membership  in  the  Board  of  Directors. 

6.  Each  professor  shall  lay  before  the  Board  of  Directors,  as  soon  as 
practicable  after  his  appointment,  a  detailed  exhibition  of  the  system  and 
method  which  he  proposes  to  pursue,  and  the  subjects  which  he  proposes 

*  See  Note  2,  under  Article  i,  Section  4. 


506  FORM  OF  GOVERNMENT,  CHAP,  XII. 

to  discuss  in  conducting  the  studies  of  the  youth  that  shall  come  under 
his  care;  and  in  this  system  he  shall  make  such  alterations  or  additions 
as  the  Board  shall  direct;  so  that  eventually  the  whole  course  through 
which  the  pupils  shall  be  carried  shall  conform  to  that  which  the  Board 
of  Directors  shall  have  approved  and  sanctioned,  conformably  to  Article 
ii,  Section  6,  of  this  Plan.  And  as  often  as  any  professor  shall  think 
that  variations  and  additions  of  importance  may  be  advantageously 
introduced  into  his  course  of  teaching,  he  shall  submit  the  same  to  the 
Board  of  Directors,  for  their  approbation  or  rejection. 

7.  Any  professor  intending  to  resign  his  office  shall  give  at  least  one 
month's  notice  of  such  intention  to  the  Board  of  Directors, 

8.  The  professors  of  the  institution  shall  be  considered  as  a  faculty. 
They  shall  meet  at  such  seasons  as  they  may  judge  proper.  The  faculty 
shall  choose  a  clerk  and  keep  accurate  records  of  all  their  proceedings. 
The  clerk  of  the  faculty  shall  call  a  meeting  whenever  he  shall  deem  it 
expedient,  and  whenever  he  shall  be  requested  to  do  so  by  any  other 
member.  By  the  faculty,  regularly  convened,  shall  be  determined  the 
hours  and  seasons  at  which  the  classes  shall  attend  the  professors  sever- 
ally, so  as  to  prevent  interference  and  confusion,  and  to  afford  the  pupils 
the  best  opportunities  for  improvement.  The  faculty  shall  attend  to  and 
decide  on  all  cases  of  discipline,  and  all  cases  of  order,  as  they  shall 
arise.  They  shall  agree  on  the  rules  of  order,  decorum  and  duty  (not 
inconsistent  with  any  provision  in  this  Constitution,  nor  with  any  order 
of  the  Board  of  Directors),  to  which  the  students  shall  be  subjected; 
and  these  they  shall  cause  to  be  printed  and  a  copy  to  be  placed  in  the 
hands  of  each  student  (see  Article  ii,  Section  10). 

9.  The  faculty  shall  be  empowered  to  receive  students  into  the  semi- 
nary, and  to  dismiss  from  the  seminary  any  student  who  shall  be  immoral 
or  disorderly  in  his  conduct;  or  who  may  be,  in  their  opinion,  on  any 
account  whatsoever,  a  dangerous  or  unprofitable  member  of  the  insti- 
tution. 

Article  IV.      Of  the  Students. 

1.  Every  student  applying  for  admission  to  the  theological  seminary 
shall  produce  satisfactory  testimonials  that  he  possesses  good,  natural 
talents;  and  that  he  is  of  prudent  and  discreet  deportment;  that  he  is  a 
member  in  full  communion  of  some  church;  that  he  has  passed  through 
a  regular  course  of  academical  study;  or,  wanting  this,  he  shall  submit 
himself  to  an  examination  upon  the  studies  usually  taught  in  such  a 
course.  And  if  he  shall  appear  to  the  professors  to  be  qualified  to 
proceed  with  advantage  in  the  studies  of  the  seminary,  he  shall  be 
admitted  as  a  member  of  the  institution ;  otherwise  he  shall  be  remanded 
to  his  academical  studies,  or  advised  to  relinquish  them  altogether,  with 
the  view  to  the  ministry,  as  shall  seem  best  in  the  judgment  of  the  faculty. 

2.  Every  student  before  he  takes  his  stand  in  the  seminary  shall  be 
matriculated,  by  entering  in  a  book,  kept  for  that  purpose,  his  name  in 
full,  age,  place  of  residence,  and  place  of  previous  study;  and  by  sub- 
scribing the  following  declaration,  viz. :  "  Deeply  impressed  wath  a  sense 
of  the  importance  of  improving  in  knowledge,  prudence  and  piety,  in 
my  preparation  for  the  Gospel  ministry,  I  solemnly  promise,  in  a  reliance 
on  divine  grace,  that  I  will  faithfully  and  diligently  attend  on  all  the 
instructions  of  this  seminary,  and  that  I  will  conscientiously  and  vigi- 
lantly observe  all  the  rules  adopted  for  its  instruction  and  government,  as 


OF   THE   GENERAL   ASSEMBLY.  507 

far  as  they  relate  to  the  students ;  and  that  I  will  obey  all  the  lawful 
requisitions,  and  readily  yield  to  all  the  wholesome  admonitions  of  the 
professors  and  directors  of  the  seminary,  while  I  shall  continue  a  member 
of  it." 

3.  The  students,  during  the  sessions  of  the  seminary,  shall  attend 
regularly  upon  the  religious  services  of  some  one  evangelical  church  as 
each  student  may  select  at  the  beginning  of  the  session,  and  they  shall 
engage  in  such  useful  labors  in  connection  with  the  church  whose  services 
they  attend  as  may  meet  the  approval  of  the  faculty  and  the  pastor  of 
the  church. 

Article  V.      Of  the  Studies. 
[Omitted.] 

Article  VL      Of  the  Funds. 

1.  The  Board  of  Directors  shall  elect  at  its  first  meeting,  after  the 
regular  annual  meeting  of  the  Synod,  from  its  own  members,  a  Board  of 
five  Trustees,  which  shall  become  a  body  corporate  to  hold  in  trust  the 
property  and  manage  the  finances  of  the  seminary.  These  trustees  shall 
make  a  report  to  the  directors  before  the  end  of  each  Synodical  year. 

2.  The  Board  of  Directors  shall,  from  time  to  time,  adopt  such  plans, 
as  they  may  think  proper  for  the  improvement  and  increase  of  the  funds, 
and  make  such  appropriations  of  them  for  particular  purposes  as  they 
may  think  necessary,  not  inconsistent  with  the  terms  and  conditions  of 
any  devise  or  bequest  which  may  hereafter  be  made  to  the  seminary. 

3.  The  trustees  shall,  through  the  proper  oflacer,  at  any  time  and  as 
often  as  required,  lay  before  the  Board  of  Directors  an  explicit  statement 
in  writing  of  the  funds  belonging  to  the  seminaiy,  of  the  several  items 
that  constitute  that  amount,  together  with  the  place  and  manner  of  their 
investment,  and  an  accurate  account  of  the  income  and  expenditures  in 
detail  for  the  preceding  year. 

4.  No  money  shall  at  any  time  or  for  any  purpose  be  drawn  from  the 
funds  except  by  order  of  the  Board  of  Trustees,  which  order  shall  in 
every  case  be  duly  signed  by  the  president  and  secretary  of  said 
Board,  and  that  order  when  presented  shall  be  the  treasurer's  sufficient 
voucher. 

5.  The  intention  and  direction  of  testators  or  donors,  in  regard  to 
moneys  or  other  properties  left  or  given  to  the  seminary,  shall,  at  all 
times,  be  sacredly  regarded.  And  if  any  individual,  or  any  number  of 
individuals,  not  greater  than  three,  shall  by  will,  or  during  his  or  their 
lives,  found  or  endow  a  professorship  or  professorships,  a  scholarship  or 
scholarships,  or  a  fund  or  funds,  destined  for  special  purposes,  such 
professorship  or  professorships,  scholarship  or  scholarships,  fund  or 
funds,  shall  forever  afterwards  be  called  and  known  by  the  name  or 
names  of  those  who  founded  or  endowed  them,  or  by  such  other  name  or 
names  as  they  may  designate;  and  if  any  congregation,  Presbytery,  or 
association  shall  found  a  professorship  or  professorships,  a  scholarship 
or  scholarships,  or  fund  or  funds,  such  professorships  or  scholarships  or 
funds  shall  forever  afterwards  be  called  and  known  by  such  names  as  the 
body  founding  them  shall  give. 

The  corporate  name  of  the  seminary  is  "  The  San  Francisco  Theologi- 
cal Seminary, ' '  to  which  may  be  added  for  more  complete  identity,  ' '  of 
the  Presbyterian  Church  in  the  United  States." 


508  FORM    OF    GOVERNMENT,    CIIAr.    XII. 

2.   Action  on  the  Assembly's  Plan  of  1894. 

The  Board  of  Directors  of  the  San  Francisco  Theological  Seminary, 
in  answer  to  the  request  of  the  General  Assembly  of  the  Presbyterian 
Church  in  the  U.  S.  A.,  respectfully  represent: 

1.  That  we  are  in  hearty  sympathy  with  the  end  aimed  at  by  the 
General  Assembly  in  its  requests  to  the  theological  seminaries  of  the 
Church  as  presented  in  the  action  of  said  Assembly,  set  forth  in  the 
Minutes  of  its  sessions  for  the  years  1894  and  1895. 

2.  That  earnestly  desiring  to  comply  with  said  requests,,  we,  together 
with  our  Board  of  Directors,  have  placed  the  matter  in  the  hands  of  our 
attorney,  for  his  consideration  and  advice;  and  have  received  from  him 
the  following,  which  we  present  as  part  of  this  our  answer,  to  wit : 

To  the  Board  of  Trustees  of  the  San  Francisco  Theological  Seminary  : 

Dear  Sirs  : — You  have  referred  to  me  the  resolutions  adopted  by  the 
General  Assembly  of  1894,  as  set  forth  in  its  Minutes  at  pp.  65  and  ^Q^ 
and  you  have  requested  me  to  report  to  you  what  course  is  necessary  to 
enable  you  to  comply  with  these  resolutions.  I  beg  to  submit  the 
following  reply: 

The  San  Francisco  Theological  Seminary  was  incorporated  under  the 
general  laws  of  California,  on  October  15,  1872,  as  "  a  corporation  for 
religious  and  educational  objects  under  the  care  and  control  of  the  Synod 
of  the  Pacific  and  the  General  Assembly  of  the  Presbyterian  Church  in 
the  United  States  of  America. ' '  Its  articles  of  incorporation  fixed  the 
number  of  its  trustees  as  five,  and  the  laws  under  which  it  was  formed 
provide  that  these  trustees  shall  "  take  into  their  possession  and  custody 
all  temporalities  of  such  corporation,  whether  the  same  was  assessed  for 
real  or  personal  estate  and  whether  given,  granted  or  devised,  directly  or 
indirectly,  to  such  corporation  or  to  any  person  or  persons  for  its  use, 
and  in  the  name  of  such  corporation  may  sue  and  be  sued,  may  recover 
and  hold  all  the  debts,  demands,  rights  and  privileges,  all  the  churches, 
houses,  schoolhouses,  hospitals,  or  other  buildings,  all  the  estate  and 
appurtenances  belonging  to  all  houses  and  buildings  that  are  necessary  to 
carry  out  the  objects  of  the  corporation,  and  perform  all  duties  imposed 
upon  them  by  the  regulations,  rules  or  discipline  of  such  organization." 
Under  the  rules  of  the  seminary,  the  five  trustees  constituting  this 
governing  Board  are  elected  annually  out  of  and  by  a  constituent  body 
of  twenty-four  persons  who  are  delegated  for  the  purpose  by  the  Synods 
of  California  and  Oregon  (the  successors  of  the  former  Synod  of  the 
Pacific).  This  constituent  body  is  known  as  the  Board  of  Directors  of 
the  seminary,  and  its  members  serve  for  three  years,  one-third  of  the 
Board  being  appointed  each  year.  The  Synod  of  California  appoints 
three- fourths  of  these  directors,  and  the  Synod  of  Oregon  appoints  the 
remaining  one  fourth.  Although  designated  as  directors,  the  Board  of 
twenty-four  individuals  really  exercise  the  functions  of  ordinary  members 
or  stockholders  of  a  corporation.  They  may  recommend  or  direct  the 
action  of  the  trustees,  but  cannot  compel  or  coerce  them  except  by 
electing  their  successors  or  by  limiting  their  powers.  The  Synods  of 
California  and  of  Oregon  have  no  direct  authoi'ity  over  the  seminary 
beyond  the  power  of  appointment  of  the  directors.  Your  corporation  so 
organized  has  received  large  donations  of  lands  and  money  upon  trusts 
for  its  purposes  as  a  Presbyterian  Theological  Seminary.  It  administers 
all  these  trusts  through  its  Board  of  Trustees  and  has  none  but  trust 


OF    THE    GENERAL   ASSEMBLY.  509 

property.  The  General  Assembly  requests  (its  Minutes,  1894,  pp.  65 
and  66) : 

(a)  That  subject  to  existing  trusts  the  funds  and  property  of  the 
seminary  shall  be  held  in  trust  solely  for  the  purpose  of  theological  educa- 
tion in  the  doctrines  set  forth  in  the  Standards  of  the  Presbyterian 
Church  in  the  United  States  of  America. 

(b),  (c)  That  a  veto  power  shall  be  given  it  over  all  elections  of 
directors  and  appointments  of  professors  and  teachers. 

(cZ)  That  in  the  event  of  violation  of  such  trusts  or  disregard  of  such 
veto,  the  General  Assembly  shall  be  empowered  to  "  provide  against 
such  violation  of  said  charters  and  for  the  enforcement  of  the  same  and 
for  the  protection  of  the  trusts  under  which  said  property  and  funds  are 
held,  in  such  manner  and  in  the  name  of  such  person  or  corporation  as 
it  may  direct,  by  resolution  certified  by  its  clerk,  in  any  civil  court  having 
jurisdiction,"  etc. 

As  to  subdivision  (a)  of  these  resolutions,  your  property  is  all  held  by 
you  under  trusts  Avhich  you  are  unable  to  modify  or  alter.  If  those 
trusts  correspond  with  the  requirements  of  the  General  Assembly  (and 
I  believe  all  of  yours  do)  they  need  not  be  changed ;  and  if  they  do  not 
so  correspond,  you  cannot  change  them. 

As  to  subdivisions  (6)  and  (c),  I  can  see  no  effective  way  of  surrender- 
ing to  the  General  Assembly  the  electoral  powers  of  the  Board  of  Direc- 
tors and  the  business  controlled  and  executed  by  the  Board  of  Trustees 
in  the  sense  required  by  these  resolutions.  Inasmuch  as  your  charter 
declares  that  your  coi'poration  is  under  the  control  of  the  Synod  of  the 
Pacific  and  of  the  General  Assembly,  no  doubt,  in  some  manner,  the 
General  Assembly  could  be  given  a  share  in  the  election  of  the  constitu- 
ent body  known  as  the  Board  of  Directors,  who  are  at  present  appointed 
annually  by  the  Synods  of  California  and  Oregon.  In  that  way  the 
General  Assembly  might  lawfuly  exercise  an  indirect  control,  but  these 
resolutions  require  a  practical  abdication  of  all  corporate  functions  by 
the  seminary,  and  the  substitution  of  the  General  Assembly  in  the  place 
of  the  corporate  authorities  as  at  present  constituted.  I  do  not  believe 
that  this  can  be  done  in  any  manner,  and  there  is  great  danger  that  any 
attempt  to  do  it  would  result  in  a  forfeiture  of  your  corporate  franchises, 
imperiling  your  various  trusts.  No  doubt  the  wishes  of  the  General 
Assembly  will  always  be  respected  and  followed  by  your  corporation  in 
the  matters  referred  to  in  these  resolutions,  but  I  know  of  no  way  con- 
sistent with  the  statutes  of  California  to  vest  in  the  General  Assembly  the 
powers  which  it  seeks. 

(d)  This  portion  of  the  resolution  is  merely  a  corollary  to  the  require- 
ments of  (a),  (6)  and  (c),  and  has  been  substantially  answered  in 
considering  them. 

The  performance  of  the  trusts  for  the  benefit  of  the  Presbyterian 
Church  and  for  theological  education  in  Presbyterian  tenets  can,  no 
doubt,  be  enforced  in  the  several  courts  by  the  General  Assembly  or  by 
the  Synods. 

The  language  of  resolution  (d)  is  so  uncertain  that  I  find  it  difficult  to 
determine  just  what  is  desired.  I  see  no  way  by  which  you  can  create 
an  interest  in  the  trusts  which  you  hold  in  favor  of  the  General  Assem- 
bly. First,  because  you  cannot  modify  or  alter  the  terms  of  those  trusts; 
and,  second,  because  the  General  Assembly  itself  is  a  transitory  body 
changing  each  year,  having  no  permanent  existence  and  not   capable 


510  FORM  OF  GOVERNMENT,  CHAP.  XII. 

apparently  of  acquiring  or  holding  property  rights.  The  resolution 
implies  this  in  the  suggestion  that  the  right  shall  be  conferred  upon  such 
persons  or  corporations  as  the  General  Assembly  may  by  resolution  direct, 
but  it  seems  evident  that  in  creating  the  right  or  transferring  it  by  your- 
selves, the  recipient  must  be  designated  and  must  be  capable  of  taking. 

I  am  forced  to  the  conclusion,  therefore,  that  you  cannot  legally  comply 
with  any  of  these  resolutions  of  the  General  Assembly.  I  remain,  dear 
sirs,  faithfully  yours,  Charles  P.  Eells. 

April  24,  1896. 

3.  That  sincerely  regretting  that  the  things  desired  by  the  Assembly 
have  not  been  presented  in  such  form  as  to  harmonize  with  the  laws  of 
the  State  of  California,  under  which  we  are  incorporated,  we  desire  to 
assure  the  Assembly  of  our  readiness  to  do  anything  in  our  power  which 
may  be  deemed  necessary  for  the  removal  of  any  possible  doubt  as  to  the 
perpetual  security  of  the  funds  of  our  seminary  to  our  beloved  Presby- 
terian Church. 

Approved  by  the  Board  of  Directors,  and  respectfully  submitted  as 
their  answer  to  the  General  Assembly's  Committee  on  Theological  Semi- 
naries.—1896,  pp.  194-196. 

X.    GERMAN    PRESBYTERIAN  THEOLOGICAL  SCHOOL   OF   THE   NORTHWEST. 

[Note. — Located  at  Dubuque,  Iowa.  Organized  1852,  and  taken  under  care  of  the 
Church  in  1864.] 

1.  Articles  of  incorporation. 

Article  I. 

This  corporation  shall  be  known  and  designated  in  law  by  the  corporate 
name  of  the  German  Presbyterian  Theological  School  of  the  Northwest. 

Article  II. 

The  object  of  this  incorporation  is,  and  shall  be.  the  instruction  and  train- 
ing of  young  men  in  a  course  of  mathematical,  classical,  scientific,  literary  and 
theological  studies,  for  the  purpose  of  qualifying  them  for  preaching,  in  the 
German  language,  the  Gospel,  as  contained  in  the  Holy  Scriptures,  and  as  set 
forth  in  the  Confession  of  the  Presbyterian  Church  m  the  United  States  of 
America  ;  which  course  shall  embrace  academical,  collegiate  and  theological 
studies;  Provided,  That,  if  in  the  judgment  of  the  General  Assembly  of  the 
Presbyterian  Church  in  the  United  States  of  America,  the  time  shall  have  come 
when  there  shall  be  no  need  of  the  preparation  of  students  for  a  distinctively 
German  ministry,  then  this  corporation  may  be  charged  with  the  continu- 
ance of  a  general  educational  work,  under  the  supervision  of  the  said  General 
Assembly. 

Article  III. 

The  business  of  the  corporation  shall  be  managed  by  a  Board  of  twenty-four 
directors,  who  shall  be  members  of  the  Presbyterian  Church  in  the  United 
States  of  America,  who  shall  be  divided  into  three  classes  of  eight  each.  The 
term  of  office  of  one  class  shall  expire  at  the  close  of  the  regular  annual  meet- 
ing in  each  year,  and  until  their  successors  are  elected  the  following  persons 
shall  constitute  the  said  Board  of  Directors,  to  wit :     (Names  omitted.) 

Article  IV. 

At  every  regular  annual  meeting  of  the  Board  of  Directors  such  Board  shall 
select  thesnccessors  of  the  class  whose  terms  expire  at  the  close  of  such  meet- 
ing, and  shall  also,  at  any  meeting,  elect  successors  to  such  directors  whose 
seats  shall  have  become  vacant  by  resignation  or  death,  or  b}'  ceasing  to  be  a 
member  of  the  Presbyterian  Church  in  the  United  States  of  America.  The 
election  of  such  directors  shall,   however,  be  subject  to  the  approval  of  the 


OF   THE   GENERAL   ASSEMBLY.  511 

next  succeeding  General  Assembly  of  the  Presbyterian  Church  in  the  United 
States  of  America,  and  no  election,  except  to  fill  a  vacancy  caused  by  death,  or 
resignation  of  a  director,  or  his  ceasing  to  be  a  member  of  the  Presbyterian 
Church,  shall  take  efiect  until  so  approved  by  the  General  Assembly  ;  failure 
of  the  General  Assembly  to  which  said  elections  are  reported  for  approval  to 
act  thereon  shall  be  regarded  as  approval  of  said  elections. 

Article    V. 

The  said  Board  of  Directors  shall  always  be  subject  to  the  direction,  review 
and  control  of  the  General  Assembly  of  the  Presbyterian  Church  in  the  United 
States  of  America.  The  election,  appointment  or  transfer  of  all  professors 
and  teachers  shall  be  submitted  to  the  succeeding  General  Assembly  for  its  ap- 
proval, and  no  such  election,  appointment  or  transfer  shall  take' effect,  nor 
shall  any  professor  or  teacher  be  inducted  into  office,  until  his  election,  appoint- 
ment or  transfer  shall  have  been  approved  by  the  said  General  Assembly  ;  fail- 
ure of  the  General  Assembly  to  which  the  said  election,  appointment  or  trans- 
fer is  reported  for  approval  to  act  thereon  shall  be  regarded  as  approval  thereof. 
No  one  shall  be  eligible  to  the  position  of  professor  or  teacher  who  is  not  either 
a  minister  or  a  member  in  good  and  regular  standing  of  the  Presbyterian 
Church  in  the  United  States  of  America. 

Article  VI. 

The  corporation  shall  hold  all  of  its  funds  and  property  subject  to  the  terms 
of  existing  or  specified  trusts,  in  trust  for  the  Presbyterian  Church  in  the  United 
States  of  America,  for  the  object  and  purposes  set  forth  in  these  articles  of  in- 
corporation, to  wit :  the  academical,  collegiate  and  theological  education  of 
young  men  for  the  ministry  of  the  said  Presbyterian  Church,  and  no  part  of  the 
funds  and  property  so  held  shall  be  used  for  any  other  purpose  ;  and  the  theo- 
logical education  shall  be  in  accordance  with  the  doctrines  set  forth  in  the 
Standards  of  the  Presbyterian  Church  in  the  United  States  of  America  ;  and 
the  said  Board  of  Directors  shall  have  full  power  and  authority  to  encumber 
and  convey  the  real  estate  of  said  corporation  ;  and  shall  have  the  charge  and 
management  of  all  its  property  in  furtherance  of  the  objects  of  their  corpora- 
tion ;  and  are  charged  with  the  administration  of  its  aflfairs,  in  all  its  interests 
and  objects,  subject  to  the  supervision,  direction  and  authority  of  the  General 
Assembly  aforesaid. 

Article  VII. 

The  Board  of  Directors  may  appoint  an  Executive  Committee  consisting  of 
such  number  of  persons  as  they  see  fit,  a  majority  of  whom  shall  be  members 
of  the  Board  of  Directors  ;  and  may  authorize  such  committee  to  perform 
such  duties  as  the  Board  are  charged  with,  during  the  time  the  Board  is  not  in 
session.  But  such  committee  shall  not  have  power  to  sell  or  encumber 
the  real  estate  of  the  corporation,  nor  to  contract  any  debt,  except  for  the  cur- 
rent expenses,  or  for  repairs  of  the  buildings  or  grounds,  unless  authorized  by 
the  Board. 

AHicle  VIIL 

Whenever  it  shall  be  expedient  to  the  Board  to  do  so,  they  are  authorized  to 
establish  an  academical  or  collegiate  department,  which  shall  be  distinct  and 
separate  from  the  theological  ;  and  provide  for  theinvestmentof  funds  donated 
or  raised  for  the  support  of  each  department  separately. 

Article  IX. 

All  funds  or  property  which  shall  be  contributed  to  this  corporation  by  gift, 
bequest  or  devise  shall  be  kept  as  trust  funds  inviolate  during  the  existence  of 
this  corporation.  And  in  case  of  dissolution  of  this  corporation  for  any  reason, 
all  property  of  any  kind,  including  funds  held  intrust  by  it,  shall  be  trans- 
ferred to  the  Board  of  Education  of  the  Presbyterian  Church  in  the  United 
States  of  America,  to  be  held  by  it  in  trust  as  part  of  its  permanent  funds,  and 
the  annual  income  accruing  therefrom  to  be  used  in  the  discretion  of  the  Board 
in  the  education  of  theological  students,  preference  being  given  to  the  students 
of  German  birth  or  parentage. 


512  FORM  OF  GOVERNMENT,  CHAP.  XII. 

Article  X. 

The  members,  directors  or  oflficers  of  this  incorporation  shall  not  be  liable 
for  its  corporate  debts.  But  in  the  event  of  the  violation  of  any  of  the  terms 
of  these  articles  of  incorporation,  or  the  misuse  or  diversion  of  the  funds  or 
property  held  by  the  directors,  then  the  General  Assembly  of  the  Presby- 
terian Church  in  the  United  States  of  America  shall  be  empowered  to  provide 
against  such  violation  of  the  provisions  of  these  articles  of  incorporation,  and 
for  the  enforcement  of  the  same,  and  for  the  protection  of  the  trusts  on  which 
said  property  and  funds  are  held,  in  the  name  of  such  person  or  corporation, 
as  it  may  direct  by  resolution,  certified  by  its  clerk,  in  any  civil  court  having 
jurisdiction  over  this  corporation. 

Article  XL 

The  said  school  established  under  the  former  corporate  name  shall  continue 
to  be  established  and  located  at  the  city  of  Dubuque,  county  of  Dubuque,  State 
of  Iowa. 

Article  XII. 

The  regular  annual  meeting  of  the  Board  of  Directors  shall  be  held  on  the 
last  Wednesday  of  April  in  each  year  until  a  different  day  be  fixed'by  the  Board 
of  Directors.  Seven  directors  shall  constitute  a  quorum  for  the  transaction  of 
business. 

Artwle  XIII. 

This  incorporation  shall  be  a  reincorporation  of  the  German  Theological 
School  of  the  Presbyterian  Church  of  the  Northwest,  and  shall  continue  fifty 
years  unless  sooner  dissolved  by  action  of  the  Board  of  Directors  and  the  con- 
sent of  the  General  Assembly  aforesaid. 

I,  William  Graham,  Secretary  of  the  German  Presbyterian  Theological 
School  of  the  Northwest,  do  hereby  certify  that  the  foregoing  articles  of  rein- 
corporation of  the  German  Presbyterian  Theological  School  of  the  Northwest 
were  adopted  at  the  regular  annual  meeting  of  the  directors  of  said  school, 
held  in  the  city  of  Dubuque,  on  the  29th  day  of  April,  A.D.  1896,  and  are 
hereby  submitted  to  the  General  Assembly  of  the  Presbyterian  Church  in  the 
United  States  of  America  for  approval. 

Witness  my  hand  this  14th  day  of  May,  A.D.  1896. 

William  Graham,  Secretary. 

2.  Action  on  the  Assembly's  Plan  of  1894. 

It  was  unanimously  resolved  by  the  Board  of  Directors  at  a  meeting 
held  April  25,  1895,  that  the  recommendations  of  the  Assembly  be 
adopted  without  change. — 1895,  p.  162. 

XI.       GERMAN    THEOLOGICAL   SCHOOL    OF    NEWARK,    N.   J. 
[Note. — Located  at  Bloomfield,  N.  J.    Founded  1869;  incorporated  1871.] 

1.  The  charter. 

An  act  to  incorporate  the  German  Theological  School  of  Newark,  N.  J. 

1.  Be  it  enacted,  by  the  Senate  and  General  Assembly  of  the  State  of  New 
Jersey,  That  Jonathan  F.  Stearns,  Joseph  Fewsmith,  Charles  A.  Smith,  George 
C.  Seibert,  Charles  E.  Knox,  Thomas  N.  McCarter,  F.  Wolcott  Jackson, 
William  F.  Van  Wagenen  and  Philip  Doremus,  and  their  successors,  are  hereby 
constituted  a  body  corporate  and  politic  in  fact  and  in  name  by  the  name  of 
"The  German  Theological  School  of  Newark,  New  Jersey, "  and  by  that  name 
shall  have  succession  and  be  capable  in  law  of  taking  and  holding  by  gift, 
grant,  devise,  or  otherwise,  and  of  holding  and  conveying  both  in  law  and  in 
equity,  any  real  or  personal  estate,  and  may  have  a  common  seal  and  change 
the  same  at  pleasure. 

2.  And  be  it  enacted.  That  the  government  of  the  said  corporation  shall  be 
vested  in  a  Board  of  Directors,  which  shall  consist  of  nine  members,  five  of 
whom  shall  be  clergymen  and  four  laymen  ;  the  corporators  above  named 


OF   THE    GENERAL    ASSEMBLY.  513 

shall  be  the  first  Board  of  Directors  of  said  corporation,  and  shall  be  divided 
into  three  classes,  to  be  numbered  one,  two  and  three  ;  the  term  of  the  first 
shall  expire  in  one,  the  second  in  two,  and  the  third  in  three  years  from  the 
first  day  of  May  last.  Joseph  Fewsmith,  Charles  E.  Knox  and  Thomas  N. 
McCarter  shall  compose  the  first  class  ;  Charles  A.  Smith,  William  F.  Van 
Wagenen  and  Philip  Doremus  shall  compose  the  second  class,  and  Jonathan 
F.  Stearns,  George  C.  Seibert  and  F.  Wolcott  Jackson  shall  compose  the  third 
class  ;  each  class  of  directors  shall  hereafter  be  chosen  for  and  hold  their  office 
during  three  years,  and  until  a  new  election  to  supply  the  place  of  such  class. 

3.  And  be  it  enacted.  That  the  Presbytery  of  Newark  may  annually  here- 
after elect,  at  its  stated  spring  meeting,  three  directors  of  said  corporation  to 
supply  the  place  of  the  class  which  shall  expire  in  that  year,  and  shall  also 
have  power  to  fill  any  vacancy  that  may  have  happened  by  death,  resignation  or 
otherwise,  in  any  other  class,  such  election  to  be  held  in  such  manner  as  the 
said  Presbytery  of  Newark  shall  direct ;  and  any  such  election  shall  be  subject 
to  review  by  the  next  General  Assembly  of  the  Presbyterian  Church  in  the 
United  States  of  America  ;  and  in  case  the  said  General  Assembly  shall  disap- 
prove of  such  election,  the  oflfices  of  director  or  directors  disapproved  of  shall 
thereupon  become  vacant  ;  the  Board  of  Directors  shall  also  have  power  to  fill 
all  vacancies  in  their  own  Board,  which  may  happen  from  year  to  year,  and 
such  appointments  shall  be  valid  until  the  first  day  of  May  then  next  follow- 
ing, or  until  the  election  of  a  successor  by  the  Presbytery  as  aforesaid. 

4.  And  be  it  enacted.  That  the  said  directors  and  their  successors  shall  have 
the  management  and  care  of  the  estate  both  real  and  personal  of  said  corpora- 
tion, and  shall  have  power  to  sell  or  otherwise  dispose  of  the  same  in  their 
discretion  for  the  purpose  of  advancing  the  objects  of  said  school,  and  shall 
also  have  power  to  adopt  a  constitution  and  all  necessary  by-laws  and  ordi- 
nances for  the  management  and  government  of  said  school ;  Provided,  The 
same  be  not  in  conflict  with  the  laws  and  Constitution  of  this  State  or  of  the 
United  States. 

5.  And  be  it  enacted,  That  whenever,  from  a  cessation  of  German  immigra- 
tion or  from  any  other  cause,  it  may  be  deemed  inexpedient  longer  to  main- 
tain said  institution  as  a  distinctive  German  theological  school,  it  shall  be  law- 
ful for  the  directors,  with  the  approval  of  the  Presbytery  of  Newark  and  of 
the  General  Assembly  of  the  Presbyterian  Church  in  the  United  States,  to  use 
the  property  and  funds  of  said  corporation  for  any  other  branch  of  theological 
education  or  transfer  its  property  and  funds  or  any  part  thereof  to  any  other 
theological  seminary  ;  and  in  case  of  such  transfer  of  all  the  property  of  said 
corporation  to  another  seminary  or  seminaries,  the  corporate  power  hereby 
granted  shall  cease,  and  said  corporation  shall  be  thereby  dissolved. 

6.  And  be  it  enacted,  That  this  act  shall  be  deemed  a  public  act,  and  shall 
go  into  effect  immediately. 

Approved,  February  2,  1871. 

2.  The  supplement  to  the  charter. 

A  supplement  to  the  act  entitled  "An  act  to  incorporate  the  German  Theo- 
logical School  of  Newark,  New  Jersey,"  approved  February  second,  one 
thousand  eight  hundred  and  seventy-one. 

1.  Be  it  enacted  by  the  Senate  and  General  Assembly  of  the  State  of  New 
Jersey,  That  it  shall  be  lawful  for  the  Presbytery  of  Newark,  on  the  recom- 
mendation of  the  Board  of  Directors  of  the  German  Theological  School  of 
Newark,  New  Jersey,  to  increase  from  time  to  time  the  number  of  the  directors 
of  said  corporation,  to  any  number  not  exceeding  twenty -five  in  all ;  and  when- 
ever any  such  increase  shall  be  made,  it  shall  be  so  made  that  one-half  of  said 
additional  directors  shall  be  clergymen  and  one-half  laymen,  and  said  direc- 
tors shall  be  elected  at  the  time  and  in  the  manner  directed  by  the  act  to  which 
this  is  a  supplement,  for  the  election  of  Directors  ;  and  when  so  elected  said 
additional  Directors  shall  be  added  to  the  existing  classes  in  said  Board  as  the 
said  Presbytery  may  direct,  but  in  such  manner  as  to  maintain,  as  nearly  as  may 
be,  equality  among  the  several  classes  ;  and  when  so  classified,  said  additional 
directors  shall  respectively  hold  their  offices  for  the  term  of  the  class  to  which 
they  may  be  respectively  assigned. 

2.  And  be  it  enacted,  That  this  act  shall  take  effect  immediately. 
Approved,  March  26,  1873. 

33 


514  FORM  OF  GOVERNMENT,  CHAP.  XII. 

3.  Constitution. 
Article  I.      The  Presbytery. 

The  directors,  ia  accordaace  with  the  action  of  the  Presbytery  of  Newark, 
requiring  a  report  to  the  Presbytery  "at  each  of  its  stated  meetings,"  shall 
make  their  report  at  the  stated  spring  meeting  in  a  form  for  transmission  to  the 
General  Assembly,  containing  the  financial  statement  for  the  year  ;  and  at  the 
stated  meeting  in  the  autumn,  they  shall  make  the  general  annual  report  of  the 
seminary. 

Article  II.      The  Directors. 

1.  The  Board  of  Directors  of  the  German  Theological  School  shall  be  an- 
nually elected  by  the  Presbytery  of  Newark,  and  this  election  of  the  Presby- 
tery, as  well  as  any  election  to  vacancy  by  death,  resignation  or  otherwise,  shall 
be  held  valid  unless  disapproved  by  the  General  Assembly. 

2  No  person  shall  be  eligible  to  the  office  of  Director  unless  he  be  a  minister 
or  member  in  good  standing,  of  some  evangelical  church,  receiving  the  West- 
minster Confession  of  Faith,  as  adopted  by  the  Presbyterian  Churches  in  this 
country. 

3.  Every  director  on  entering  upon  his  ofl^ce,  and  also  after  each  reelec- 
tion, shall  make  the  following  declaration  in  the  presence  of  the  Board,  viz.: 

Approving  of  the  plan  and  Constitution  of  the  German  Theological  School 
of  Newark  and  of  the  Westminster  Confession  of  Faith  and  the  Presbyterian 
form  of  Church  government,  I  do  solemnly  promise  to  maintain  the  same,  so 
long  as  I  shall  continue  to  be  a  member  of  the  Board  of  Directors. 

4.  In  order  to  carry  out  the  powers  vested  in  them  by  the  act  of  incorpora- 
tion, the  Board  of  Directors  shall  have  authority  to  make  their  own  by-laws  ; 
hold,  manage  and  disburse  the  funds  of  the  seminary,  appoint  all  officers,  pro- 
fessors and  teachers  ;  fix  their  salaries  ;  make  laws  for  the  government  of  the 
institution  ;  determine  their  duties  ;  and  in  general  to  adopt  all  such  measures 
not  inconsistent  with  the  provisions  of  the  said  act  and  of  this  Constitution,  as 
the  interests  of  this  school  may  require. 

5.  The  Board  shall  inaugurate  the  professors  or  any  officers  of  the  seminary, 
in  such  manner  as  they  may  deem  expedient,  shall  watch  over  the  fidelity  of 
all  who  may  be  employed  in  giving  instruction  ;  shall  judge  of  their  compe- 
tency, doctrine  and  morals  ;  and  shall  have  power,  on  sufficient  evidence  that 
the  interests  of  the  seminary  so  require,  to  remove  any  otticer,  professor  or 
teacher  from  office.  The  Board  shall  also  exercise  a  fraternal  supervision  over 
the  whole  seminary,  and  shall  inspect  the  discipline  of  the  faculty  over  the 
students. 

6.  The  appointment  of  professors  shall  be  valid  until  disapproved  by  the 
General  Assembly. 

7.  Five  members,  at  any  meeting  of  the  Board  regularly  convened,  shall  be  a 
quorum  for  the  transaction  of  all  ordinary  business  ;  but  the  purchase  and  con- 
veyance of  real  estate,  the  appointment  and  removal  of  any  member  of  the 
faculty  or  permanent  teacher  and  the  fixing  of  their  salaries  shall  require  an 
affirmative  vote  of  not  less  than  seven. 

8.  The  Board  shall  annually  elect  from  its  own  number,  and  so  often  as  may 
be  necessary,  a  president  of  the  Board,  a  vice-president,  a  secretary  and  a 
treasurer,  who  shall  hold  their  offices  until  others  are  elected,  and  whose 
duties  shall  be  prescribed  in  the  by-laws.  The  treasurer,  when  required,  shall 
give  his  bond,  with  securities  satisfactory  to  the  Board  for  the  faithful  perform- 
ance of  his  duties. 

9.  The  Board  shall  also  annually  appoint  from  their  own  number,  four  stand- 
ing committees,  viz.,  a  Committee  on  Instruction,  a  Committee  on  the  Seminary 
Buildings,  a  Committee  on  Finance  and  an  Auditing  Committee.  The  duties 
of  these  committees  shall  be  fully  defined  in  the  by-laws. 

10.  The  Board  shall  hold  at  least  four  stated  meetings  in  each  year ;  and 
may  meet  as  often  on  their  own  adjournment  or  at  the  call  of  the  presiding 
officer  as  may  be  deemed  expedient. 

AHicle  III.      The  Faculty. 

1.  The  faculty  shall  consist  of  the  president,  professors  and  permanent  in- 
structors of  the  school,  who  shall  be  ordained  ministers  of  the  Gospel. 

2.  Every  member  of  the  faculty  shall,  on  entering  upon  his  office  and  trien- 


OF    THE    GENERAL   ASSEMBLY.  515 

nially  thereafter  or  when  required  by  the  Board,  so  long  as  he  remains  in 
office,  make  and  subscribe  the  following  declaration  in  the  presence  of  the 
Board,  viz.: 

I  believe  the  Scriptures  of  the  Old  and  New  Testament  to  be  the  Word  of 
God,  the  only  infallible  rule  of  fiiith  and  practice  ;  and  I  do  now,  in  the  pres- 
ence of  God  and  the  directors  of  this  seminary,  solemnly  and  sincerely  receive 
and  adopt  the  Westminster  Confession  of  Faith,  as  containing  the  system  of 
doctrine  taught  in  the  Holy  Scriptures.  I  do  also,  in  like  manner,  approve  of 
the  Presbyterian  Form  of  Government,  and  I  do  solemnly  promise  that  I  will 
not  teach  or  inculcate  anything  which  shall  be  subversive  of  the  said  system  of 
doctrine,  or  of  the  principles  of  said  Form  of  Government,  so  long  as  I  shall 
continue  to  be  a  professor  or  instructor  in  this  institution. 

3.  If  any  professor  or  instructor  shall  refuse,  at  the  stated  time,  to  repeat  the 
above  declaration,  he  shall  forthwith  cease  to  be  a  professor  or  instructor  in 
the  institution. 

4.  The  faculty  shall  have  the  immediate  care  and  inspection  of  the  students 
and  shall  execute  the  laws  of  the  school,  subject  to  the  advice  and  control  of 
the  Board  of  Directors.  They  shall,  in  connection  with  the  Committee  on  In- 
struction, admit  and  dismiss  students,  discipline  the  disorderly,  determine  the 
daily  duties  of  the  students,  and  exercise  a  fraternal  care  over  all  the  members 
of  the  school. 

5.  The  faculty  shall  fix  the  time  and  manner  of  their  own  meetings,  keep  a 
fair  record  of  their  proceedings  and  exhibit  the  same  to  the  Board  of  Directors 
whenever  required  ;  and  whenever  required  shall  present  to  the  Board  a  writ- 
ten report  of  the  condition  of  the  several  departments. 

6.  Any  member  of  the  faculty  intending  to  resign  his  office,  shall  give  in 
writing  at  least  three  months'  notice  of  such  intention  to  the  Board  of  Directors, 
which  notice  shall  be  duly  entered  upon  their  minutes. 

Article  IV.     Instruction. 

[Omitted.] 

Article  V.     The  Students. 

1.  This  Theological  School  shall  be  open  for  the  admission  of  students  of  the 
requisite  qualifications  from  every  denomination  of  Christians. 

2.  No  student  shall  be  matriculated  unless  he  present,  on  examination,  satis- 
factory evidence  of  a  truly  regenerate  life,  and  in  ordinary  cases  of  his  good 
standing  in  some  Christian  Church. 

3.  At  his  matriculation  every  student  shall  make  and  subscribe  the  following 
declaration,  in  the  presence  of  the  faculty,  viz. : 

Deeply  impressed  with  a  sense  of  my  duty  to  God  and  to  this  Theological 
School,  I  do  solemnly  declare  my  intention  of  pursuing  a  full  course  of  theo- 
logical study,  and  I  do  promise,  so  long  as  I  shall  remain  a  member  of  this 
institution,  to  attend  faithfully  to  all  the  duties  and  instructions  of  the  regular 
course,  to  observe  all  the  laws,  to  yield  ready  obedience  to  the  requisitions  of 
the  faculty  and  the  Board  of  Directors,  and  to  observe  and  do,  according  to 
my  best  knowledge,  all  other  things  pertaining  to  my  situation  as  a  student  of 
theology. 

Article  VI.      The  Library. 

1.  The  librarian  shall  be  appointed  by  the  Board  of  Directors.  He  shall 
have  the  care  of  the  library  and  the  libi'ary  rooms,  and  shall  report  annually  to 
the  Board  of  Directors. 

2.  The  rules  for  the  safe  keeping  and  management  of  the  libraiy  shall  be 
prepared  by  the  librarian,  with  the  advice  of  the  faculty,  and  shall  be  subject 
to  the  approval  of  the  Board  of  Directors. 

Article  VII.     Scholarships. 

Any  person  or  persons  who  shall  pay  into  the  treasury,  or  bequeath  by  will, 
the  sum  of  two  thousand  dollars  or  more,  for  the  purpose  of  founding  a  scholar- 
ship shall  have  the  privilege  not  only  of  naming  such  scholarship,  but  also  of 
nominating,  during  his  or  their  life-time,  the  beneficiaries  who  are  placed  upon 
said  foundation. 


516  FORM  OF  GOVERNMENT,  CHAP.  XII. 

Article  VIII.     Donations  and  Endowments. 

All  devises,  subscriptions  and  donations  to  the  funds  of  this  school  shall  be 
sacredly  considered  as  made  to  uphold  and  teach  the  doctrinal  basis  contained 
in  the  Constitution  of  the  Presbyterian  Cliurch  in  the  United  States  of  America. 

Article  IX.     Amendments  to  the  Constitution. 

1.  The  Board  of  Directors  shall  have  power  at  any  meeting  regularly  con- 
vened, to  make  any  amendments  to  this  Constitution  not  inconsistent  with  the 
acts  of  incorporation  or  witli  the  Constitution  of  the  Presbyterian  Church  of 
the  United  States  of  America  ;  Proxtided,  The  said  amendments  shall  have 
been  proposed  at  a  previous  meeting  and  shall  be  passed  by  an  affirmative  vote 
of  not  less  than  two-thirds  of  the  members  of  the  Board. 

2.  All  articles  of  the  previous  Constitution  not  embodied  in  the  present  Con- 
stitution are  hereby  abrogated. 

4.    Action  on  the  Assembly's  Plan  of  1894. 

After  the  conference  meeting  between  the  Committee  of  the  General 
Assembly  and  the  directors  of  the  German  Theological  School  of  Newark, 
held  April  9,  the  Board  considered  the  subject  of  the  conference  for  two 
hours,  and  postponed  action  to  the  stated  meeting  of  the  Board  held  yes- 
terday, when  the  following  resolution  was  adopted:  "  This  Board,  having 
duly  considered  the  arguments  so  admirably  presented  by  the  General 
Assembly's  Committee,  would  respectfully  report  ihat  it  does  not  see  its 
way  clear  to  accept  the  changes  proposed." — 1895,  p.  162.  Repeated, 
1897,  p.  109. 

XII.       LINCOLN    UNIVERSITY. 

[Note. — P.  0.,  Lincoln  University,  Pa.  Originally  founded  as  "Ashmun  Institute," 
in  1854.  Its  Theological  Department  was  placed  in  1871  under  the  care  of  the  Gen- 
eral Assembly.] 

1.  The  charter. 

An  act  to  incorporate  the  Ashmun  Institute. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
Commonwealth  of  Pennsylvania  in  General  Assembly  met,  and  it  is  hereby 
enacted  by  the  authority  of  the  same,  That  there  shall  be  and  hereby  is  estab- 
lished at  or  near  a  place  called  Hinsonville,  in  the  county  of  Chester,  an  insti- 
tution of  learning  for  the  scientific,  classical  and  theological  education  of 
colored  youth  of  the  male  sex,  by  the  name,  style  and  title  of  the  "Ashmun 
Institute,"  under  the  care  and  direction  of  a  Board  of  Trustees,  not  exceeding 
nine  in  number,  who,  with  their  successors  in  office,  shall  be  and  hereby  are 
declared  to  be  one  body  politic  and  corporate,  in  deed  and  in  law,  to  be  known 
by  the  name,  style  and  title  of  the  "Ashmun  Institute,"  and  by  the  same  shall 
have  perpetual  succession,  and  shall  be  able  to  sue  and  be  sued,  to  plead  and 
be  impleaded  in  all  courts  of  law  and  equity,  and  shall  be  capable  in  law  and 
equity  to  take,  hold  and  purchase  for  the  use  and  benefit  of  said  institute,  lands, 
goods,  chattels  and  moneys  of  any  kind  whatever,  by  gift,  grant,  conveyance, 
devise  or  bequest  from  any  person  or  persons  whomsoever  capable  of  making  the 
same,  and  the  same  from  time  to  time  to  sell,  convey,  mortgage  or  dispose  of  for 
the  use  and  benefit  of  said  institute,  and  they  shall  have  power  to  have  a  com- 
mon seal ;  to  erect  such  buildings  as  may  be  necessary  for  the  purposes  of  said 
institute,  and  to  provide  libraries,  apparatus  and  all  other  needful  means  of  im- 
parting a  full  and  thorough  course  of  instruction  in  any  or  all  the  departments  of 
science,  literature,  the  liberal  arts,  classics,  and  theology,  and  to  do  all  and  singu- 
lar the  matters  and  things  for  the  purposes  of  this  act,  which  any  corporation  or 
body  politic  may  or  can  do  for  the  well  being  of  said  institute,  and  for  the  due 
management  and  ordering  of  the  affairs  thereof,  which  may  not  be  contrary  to 
the  Constitution  and  laws  of  this  State  or  of  the  United  States  ;  And  Promded, 
That  the  clear  yearly  value  and  income  of  said  estates  shall  not  exceed  in 
value  the  sum  of  six  thousand  dollars. 

Sec.  3.  That  for  the  present  the  trustees  of  the  said  institute  shall  be  John 
M.  Dickey,  Alfred  Hamilton,  Robert  P.  Du  Bois,  .James  Latta,  John  B.  Spotts- 
wood,  James  M.  Crowell,  Samuel  J.  Dickey,  John  M.  Kelton  and  William 


OF    THE   GENERAL    ASSEMBLY.  517 

"Wilson,  who,  or  any  five  of  them,  on  and  after  the  passage  of  this  act,  sliall 
have  power  to  organize  the  said  Board  of  Trustees,  and  after  such  organiza- 
tion, three  members  of  the  said  Board  shall  constitute  a  quorum  to  do  business 
at  any  meeting  called  in  due  form  according  to  the  by-laws  established  by  the 
said  Board. 

Sec.  3.  That  the  Board  of  Trustees  aforesaid,  at  the  meeting  in  which  they 
are  organized,  shall  arrange  themselves  in  three  classes  of  three  each  by  lot,  of 
which  classes  the  first  shall  serve  one  year,  the  second  shall  serve  two  years, 
and  the  third  shall  serve  three  years ;  when  vacancies  occur,  and  ever  after- 
wards, they  shall  be  filled  by  persons  elected  by  the  Presbytery  of  New  Castle, 
who  shall  choose  three  trustees  annually  to  serve  for  three  years,  as  well  as 
fill  all  vacancies  made  by  death,  resignation  or  otherwise  ;  Provided,  however. 
That  if  the  said  Presbytery  shall  at  any  time  fail  to  elect  successors  to  those 
whose  term  of  office  has  expired,  the  same  shall  continue  to  act  as  members  of 
the  Board  until  others  shall  have  been  chosen  in  their  place. 

Sec.  4.  That  the  Board  of  Trustees,  under  the  general  instructions  from  the 
Presbytery  of  Newcastle,  shall  have  power  to  purchase,  put  up  or  procure 
suitable  buildings  and  improvements  only  as  they  may  have  the  necessary 
means,  in  no  case  ever  involving  the  said  Presbytery  in  pecuniary  obligations  : 
they  shall  have  power  to  appoint  and  remove  the  necessary  professors  and 
teachers,  and  name  their  salaries  ;  to  establish  rules  and  regulations  for  the 
government  of  the  institution  ;  to  appoint  such  officers  and  agents  for  their 
own  body  as  may  be  deemed  expedient,  and  to  adopt  and  establish  their  own 
by-laws  and  regulations  ;  Provided,  That  none  of  the  said  by-laws  and  regula- 
tions shall  extend  to  an  alienation  of  the  lands  and  tenements  or  other  capital 
stock  of  the  institute,  or  to  a  dissolution  thereof,  except  by  the  consent  of  the 
said  Presbytery  ;  they  shall  have  power  to  procure  the  endowment  of  the 
institute,  not  exceeding  the  sum  of  one  hundred  thousand  dollars,  and  when 
required  by  the  aforesaid  Presbytery,  they  shall  report  to  it  the  state  of  the  insti- 
tute, the  state  of  the  funds,  and  of  all  the  interests  committed  to  their  trust. 

Sec.  5.  That  the  trustees  shall  have  power  to  confer  such  literary  degrees 
and  academic  honors  as  are  usually  granted  by  colleges  upon  such  pupils  as 
shall  have  completed  in  a  satisfactory  manner  the  prescribed  course  of  study. 

Sec.  6.  That  the  trustees  shall  faithfully  appropriate  all  moneys  and  other 
effects  that  may  come  into  their  hands  for  the  sole  benefit  of  the  said  institu- 
tion, nor  shall  any  bequest  or  donation  made  to  and  accepted  by  the  said  Board 
for  specific  educational  objects  ever  be  diverted  from  the  purposes  designated  by 
the  donor. 

Sec.  7.  That  the  institute  shall  be  open  to  the  admission  of  colored  pupils  of 
the  male  sex  of  all  religious  denominations,  who  exhibit  a  fair  moral  character, 
and  are  willing  to  yield  a  ready  obedience  to  the  general  regulations  prescribed 
for  the  conduct  of  the  pupils  and  the  government  of  the  institution. 

Sec.  8.  That  no  misnomer  of  said  corporation  shall  defeat  or  annul  any  gift, 
grant,  devise  or  bequest  to  or  from  the  said  corporation;  Provided,  That  the 
intent  of  the  parties  shall  sufficiently  appear  upon  the  face  of  the  gift,  will  or 
writing  whereby  any  estate  or  interest  was  intended  to  be  passed  to  or  from 
said  corporation. 

E.  B.  Chase, 
Speaker  of  the  House  of  Representatives. 
M.  McCaslin, 

Speaker  of  the  Senate. 

Approved,  the  twenty-ninth  day  of  April,  one  thousand  eight  hundred  and 
fifty -four. 

Wm.  Bioler. 

2.    Supplements  to  the  charter. 

A  supplement  to  an  act  to  incorporate  the  Ashmun  Institute,  approved  the 
twenty-ninth  day  of  April,  Anno  Domini  one  thousand  eight  hundred  and 
fifty-four,  changing  the  name  of  said  institute,    enlarging  the  Board  of 
Trustees,  increasing  their  right  to  hold  property,  and  authorizing  the  con- 
ferring of  degrees. 
Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
Commonwealth  of  Pennsylvania  in  General  Assembly  met,  and  it  is  hereby 
enacted  by  the  authority  of  the  same.  That  the  name,   style  and  title  of  the 
Ashmun  Institute  shall  be  changed  to  that  of  the  Lincoln  University. 


518  FORM  OF  GOVERNMENT,  CHAP.  XII. 

Sec.  2.  That  the  Presbytery  of  New  Castle  shall,  at  their  next  meeting, 
electa  Board  of  Trustees,  consisting  of  twenty-one  members,  five  of  whom  shall 
constitute  a  quorum  ;  which  Board,  at  the  meeting  at  which  they  shall  organize, 
shall  arrange  themselves  in  three  classes,  of  seven  each,  by  lot,  of  which  classes 
the  first  shall  serve  one  year,  the  second  shall  serve  two  years,  and  the  third 
shall  serve  three  years;  when  vacancies  occur,  and  ever  afterwards,  they  shall 
be  filled  by  persons  elected  by  said  Presbytery,  who  shall  choose  seven 
trustees,  annually,  to  serve  for  three  years,  as  well  as  fill  all  vacancies  made 
by  death,  resignation,  or  otherwise  ;  Provided,  That  if  the  said  Presbytery 
shall,  at  any  time,  fail  to  elect  successors  to  those  whose  term  of  office  has  ex- 
pired, the  members  of  the  said  Board,  continuing  in  office,  shall  elect  proper 
persons  to  succeed  those  whose  term  of  oifice  has  expired. 

Sec.  3.  That  the  said  corporation,  or  their  successors,  by  the  name,  style 
and  title  aforesaid,  shall  be  able  and  capable  in  law  and  equity,  to  take  and 
hold,  for  themselves  and  their  successors,  for  the  use  and  objects  of  said  cor- 
poration, lands,  tenements,  goods  and  chattels,  of  whatever  kind,  nature  and 
quality,  real,  personal  and  mixed,  which  now  is  or  shall  hereafter  become,  the 
property  of  said  corporation,  by  gift,  grant,  bargain,  sale,  conveyance,  demise, 
bequest,  or  otlierwise,  from  any  person,  or  persons,  whatsoever,  capable  of 
making  the  same,  and  the  same  to  grant,  bargain,  sell,  or  otherwise  dispose  of, 
for  the  use  of  said  university  ;  Provided,  Tliat  the  yearlj'  value,  or  income,  of 
said  estate  shall  not,  at  any  time,  exceed  thirty  thousand  dollars. 

Sec.  4.  That  the  trustees  of  said  university  shall  have  full  power  to  confer 
all  such  literary  degrees  and  academic  honors  and  titles,  as  are  usually  con- 
ferred by  university  corporations. 

James  R.  Kelley, 
Speaker  of  the  House  of  Representatives, 
David  Fi.eming, 

Speaker  of  the  Senate. 

Approved,  the  fourth  day  of  April,  Anno  Domini  one  thousand  eight  hun- 
dred and  sixty-six. 

A.    G.    CURTIN. 

A  supplement  to  an  act  to  incorporate  the  Ashmun  Institute. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
Commonwealth  of  Pennsylvania  in  General  Assembly  met,  and  it  is  hereby 
enacted  by  the  authority  of  the  same.  That  so  much  of  the  charter  of  Ash- 
mun Institute,  approved  the  twenty-ninth  day  of  April,  one  thousand  eight 
hundred  and  fifty-four,  and  of  the  supplement  approved  the  fourth  day  of 
April,  one  thousand  eight  hundred  and  sixty-six,  as  refers  to  the  supervision 
of  the  Presbytery  of  New  Castle  in  the  affairs  of  the  said  Ashmun  Institute, 
now  known  by  the  corporate  title  of  Lincoln  University,  be  and  the  same  is 
hereby  repealed  ;  and  all  powers  and  authority  in  the  aff'airs  of  Lincoln 
University,  heretofore  held  by  the  Presbytery  of  New  Castle,  be  and  is  hereby 
conferred  upon  the  Board  of  Trustees  of  said  Lincoln  University  ;  and  that  the 
term  of  office  of  members  of  said  Board,  to  be  hereafter  elected,  be  extended 
from  three  to  seven  years,  and  that  three  trustees  be  elected  each  year  by  the 
Board,  at  their  annual  meeting  ;  and  in  case  of  the  failure  of  the  Board  to  elect 
trustees,  the  existing  members  shall  continue  in  office  until  their  successors 
shall  be  elected  ;  and  that  hereafter  the  General  Assembly  of  the  Presbyterian 
Church  in  the  United  States  shall  hold  a  veto  power  in  the  election  of  pro- 
fessors in  the  theological  department  in  the  said  Lincoln  University. 

James  H.  Webb, 
Speaker  of  the  House  of  Bepresentatives. 
William  A.  Wallace, 

Speaker  of  the  Senate. 

Approved,  the  eighteenth  day  of  February,  Anno  Domini  one  thousand  eight 
hundred  and  seventy -one. 

John  W.  Geary. 

The  above  is  a  certified  copy  of  the  charter  of  Lincoln  University  and  its 
amendments  made  June  12,  1889,  by 

Charles  W.  Stone, 
Secretary  of  Commonwealth  of  Pennsylvania. 


OF   THE   GENERAL    ASSEMBLY.  513 

Amendments,   1897. 

[Note. — A  certified  copy  of  the  changes  in  the  charter  of  Lincoln  University  made 
in  1897  is  not  in  hand.  The  changes  in  relation  to  the  Assembly's  powers  are  given 
on  this  page,  sub-head  c] 

3.     Action  on  the  Assembly's  plan  of  1894. 

a.  Resolved,  1.  Therefore,  in  view  of  the  unique  character  of  our 
institution  and  the  fact  that  our  funds  are  held  largely  in  undivided 
interests,  we  do  not  see  our  way  clear  to  take  steps  in  the  direction  indi- 
cated by  the  General  Assembly  in  respect  to  finances. 

2.  As  the  right  of  the  Assembly  to  veto  the  election  of  professors  is 
provided  for  by  our  charter,  we  profoundly  believe  that  the  rights  of  the 
Assembly  are  at  present  secured.  We  understand  the  Assembly's  right 
to  cover  all  transfers  and  appointments  as  well  as  original  elections. 

3.  We  are  perfectly  willing  for  the  time  to  come  to  declare  a  trust  to 
be  held  for  the  Presbyterian  Church  in  case  of  all  funds  for  theological 
education  when  donors  so  designate. — 1895,  p.  163. 

b.  The  trustees  of  this  institution  took  the  following  action : 
Resolved,  1.  We  are  perfectly  willing  for  the  future  to  declare  a  trust 

to  be  held  for  the  Presbyterian  Chui'ch,  U.  S.  A. ,  in  case  of  all  funds 
for  theological  education  when  donors  do  not  otherwise  designate. 

2.  That  in  the  event  of  the  violation  of  any  of  the  terms  of  said 
amendments,  or  misuse  or  diversion  of  the  funds  or  property  held  by  us, 
then  the  General  Assembly  shall  be  empowered  to  provide  against  such 
violation  of  the  provisions  of  said  charter  and  for  the  enforcement  of  the 
same  and  for  the  protection  of  the  trusts  on  which  said  property  and 
funds  are  held,  in  such  manner  and  in  the  name  of  such  persons  or  cor- 
poration as  it  may  direct  by  resolution  certified  by  its  Clerk  in  any  civil 
court  having  jurisdiction  over  the  corporation  whose  charters  are  so 
amended. 

A  Committee  was  appointed  to  take  legal  advice  and  formulate  changes 
in  the  charter  according  to  the  above  action,  to  be  acted  upon  at  our  meet- 
ing in  June. — 1896,  p.  193. 

C.  Amendments,  1897. — That  the  General  Assembly  of  the  Presby- 
terian Church  in  the  United  States  of  America  shall  hold  a  veto  power 
in  the  election  of  professors  in  the  theological  department  in  the  said 
Lincoln  University.  That  nothing  shall  be  done  or  taught  in  the  theo- 
logical department  of  said  institution  contrary  to  the  Constitution  and 
government  of  the  Presbyterian  Church  in  the  United  States  of  America. 
That  all  property  and  funds  of  whatever  kind  henceforth  given  to  said 
institution  for  theological  education  therein  shall  be  held  by  said  cor- 
poration in  trust  for  the  said  the  Presbyterian  Church  in  the  United 
States  of  America,  for  the  purpose  of  theological  education  in  said 
institution,  unless  the  donors  of  said  property  or  funds  shall  designate 
otherwise. 

And  that  in  the  event  of  the  violation  of  any  of  the  terms  of  these 
amendments,  or  of  the  misuse  or  diversion  by  said  corporation  of  the 
property  or  funds  so  held  in  trust,  then  the  General  Assembly  of  said 
Church  shall  have  power  to  enforce  the  same  and  to  protect  the  trust  on 
which  such  property  and  funds  are  held,  in  any  civil  court  having  juris- 
diction over  said  corporation,  in  such  manner  and  in  the  name  of  such 
person  or  corporation  as  the  said  General  Assembly  may  by  resolution 
direct.— 1897,  p.  210. 


520  FORM    OF    UOVEKNMKNT,    CIIAI'.     XII. 

XIII.       BIDDLE    UNIVERSITY. 

[Note.— Located  at  Charlotte,  N.  C.    Established  in  1868.] 

1.    Charter. 

An  act  to  incorporate  the  Biddle  University. 

Whereas,  It  is  desirable  to  encourage  and  promote  useful  knowledge  among 
the  freedmen  ;  and 

Whei'eas,  An  institution  of  learning  for  their  benefit  has  been  established 
near  the  city  of  Charlotte,  in  the  county  of  Mecklenburg,  by  the  Presbyterian 
Church  in  the  United  States  of  America,  under  a  charter  granted  in  pursuance 
of  Sections  fourteen  and  fifteen,  of  Chapter  twenty-six,  of  the  Revised  Code  of 
North  Carolina,  said  institution  being  known  and  designated  in  said  charteras 
Biddle  Memorial  Institute  ;  and 

Whereas,  For  a  more  eflBcient  organization  of  the  same,  it  is  desirable  to  have 
a  charter  from  the  General  Assembly  of  North  Carolina  ;  therefore, 

Section  1.  The  General  Assembly  of  North  Carolina  do  enact,  That  Luke 
Borland,  Amos  S.  Billingsley,  Willard  Richardson,  S.  Loomis,  J.  H.  Shedd, 
D.  J.  Sanders,  James  Allison,  James  B.  Lyon,  John  C.  McComb,  R.  S. 
Davis,  E.  Nye  Hutchison,  Rufus  Barringer,  W.  R.  Coles,  and  their  succes- 
sors in  oflfice,  duly  elected  and  appointed  as  hereinafter  provided,  be,  and  they 
are,  hereby  declared,  a  body  politic  and  corporate,  in  law  and  in  fact,  to  have 
perpetual  succession  by  the  name  and  style  of  the  Biddle  Universitj',  and 
by  that  name  and  style  shall  have  perpetual  succession,  and  shall  forever 
be  capable  in  law  to  take,  receive  and  hold  all  manner  of  lands,  tenements, 
rents,  annuities,  and  other  hereditaments  which  at  any  time  or  times  heretofore 
have  been  granted,  bargained,  sold,  released,  devised,  or  otherwise  convej'^ed 
to  said  corporation  ;  and  the  same  lands,  rents,  annuities,  and  other  heredita- 
ments are  hereby  vested  in  the  said  corporation  forever ;  also  that  the  said 
corporation,  at  all  times  hereafter,  shall  be  able  and  capable  to  purchase,  have, 
receive,  take,  hold  and  enjoy,  in  fee  simple  or  lesser  estate  or  estates,  any 
lauds,  tenements,  rents,  annuities,  or  other  hereditaments,  by  the  gift,  grant, 
bargain,  sale,  alienation,  release,  confirmation  or  devise  of  any  person  or  per- 
sons or  bodies  corporate  or  politic  capable  and  able  to  make  the  same  ;  and, 
further,  shall  be  capable  in  law  to  take,  receive  and  possess  all  moneys,  ^oods 
and  chattels  that  have  been  given,  or  shall  hereafter  be  given,  sold,  released, 
or  beciueathed  by  any  person  or  persons  for  the  use  of  said  university,  and  the 
same  to  apply  according  to  the  will  of  the  donors  ;  and  all  such  lands,  rents, 
tenements,  hereditaments,  moneys,  goods  and  chattels  of  what  kind,  nature  or 
quality  soever  the  same  may  be,  the  said  corporation  shall  have,  hold,  possess 
and  use  in  special  trust  and  confidence  for  the  use  and  benefit  of  the  Presby- 
terian Church  in  the  United  States  of  America,  for  the  purpose  of  establishing 
and  endowing  said  university  at  the  site  hereinbefore  selected  therefor,  for  the 
education  of  men  of  the  colored  race  for  the  ministry,  for  catechists,  and  for 
teachers. 

Sec.  2.  And  be  it  further  enacted  by  the  authority  aforesaid.  That  the  said 
corporation  shall  be  able  and  capable  in  law  to  bargain,  sell,  grant,  convey 
and  confirm  to  the  purchaser  or  purchasers  such  lands,  rents,  tenements  and 
hereditaments  aforesaid,  when  the  condition  of  the  grant  to  them  or  the  will  of 
their  devisor  does  not  forbid  it  ;  and  the  proceeds  arising  therefrom  shall  be 
held  in  trust  for  the  use  and  benefit  of  the  Presbyterian  Church  in  the 
United  States  of  America,  for  the  education  of  men  of  the  colored  race  and 
others,  for  the  ministry,  for  teachers,  and  for  catechists;  and  further,  that  the 
said  corporation  may  sue  and  be  sued,  plead  and  be  impleaded,  answer  and  be 
answered  in  all  courts  of  record  whatever,  in  all  manner  of  suits,  complaints, 
pleas,  matters  and  demands. 

Sec.  8.  And  be  it  further  enacted  by  the  authority  aforesaid,  That  the  said 
corporation  shall  have  power  to  make,  ordain  and  establish  such  by-laws,  ordi- 
nances and  regulations  for  the  government  of  said  university,  and  the  pres- 
ervation of  order  and  good  morals  therein,  as  are  usually  made  in  such  insti- 
tutions and  to  them  may  seem  necessary  ;  Provided,  The  same  be  not  repu'gnant 
to  the  Constitution  and  laws  of  this  State  or  of  the  United  States,  and  be  not 
disapproved  by  the  Board  of  Missions  for  Freedmen  of  the  Presbyterian  Church 
in  the  United  "States  of  America. 


OF   THE    GENERAL    ASSEMBLY.  521 

Sec.  4.  And  oe  it  further  enacted  by  the  authority  aforesaid,  That  the  said 
corporation  shall  have  power  to  make  and  use  a  common  seal,  with  such  device 
and  inscription  as  the  Board  of  Trustees  may  think  fit  and  proper,  and  may 
alter  and  renew  the  same  at  their  pleasure. 

Sec.  5.  And  be  it  further  enacted  by  the  authority  aforesaid,  That  the  Board 
of  Trustees  of  said  university  shall  consist  of  fifteen  members  ;  said  trustees,  at 
tlieir  first  meeting  after  the  ratification  of  this  act,  which  meeting  shall  be  held 
at  the  university,  due  notice  having  been  given  thereof,  shall  divide  them- 
selves into  three  classes,  each  consisting  of  five  members,  of  which  classes  one 
shall  hold  office  for  a  term  of  one  year,  one  for  a  term  of  two  years,  and  one 
for  a  term  of  three  years  ;  and  the  successors  of  each  of  said  classes  shall  hold 
oflice  for  a  term  of  three  years,  or  until  their  successors  are  elected.  The 
Board  of  Trustees  of  the  university  shall,  on  the  nomination  of  the  Board  of 
Missions  for  Freedmen  of  the  Presbyterian  Church  in  the  United  States  of 
America,  annually  elect  five  persons  to  fill  the  vacancies  arising  from  the  ex- 
piration of  the  term  of  office  for  which  any  of  said  trustees  shall  have  been 
elected,  and  vacancies  due  to  any  other  cause  shall  be  filled  in  like  manner  ; 
Provided,  however.  That  no  professor  or  instructor  in  the  university  shall  be 
elected  to  the  office  of  trustee  thereof;  but  the  president  of  the  university 
shall  have  the  right  to  be  present  at  all  the  meetings  of  the  Board  of  Trustees 
and  to  speak  on  any  subject  that  may  be  presented,  but  he  shall  not  have  the 
right  to  vote. 

Sec.  6.  Be  it  further  enacted.  That  the  Board  of  Trustees  shall  have  the 
power  to  elect  a  president  and  professors  and  tutors  for  the  several  colleges  of 
the  said  university,  upon  the  nomination  of  the  Board  of  Missions  for  Freed- 
men of  the  Presbyterian  Church  in  the  United  States  of  America,  and  no  pro- 
fessor or  tutor  shall  be  retained  in  the  university  who  is  not  acceptable  to  both 
the  Board  of  Trustees  and  the  said  Board  of  Missions  for  Freedmen,  but  the 
Board  of  Trustees  shall  report  the  election  of  professors  in  the  theological 
department  to  the  General  Assembly  of  the  Presbyterian  Church  in  the  United 
States  of  America,  and  said  Assembly  shall  have  the  power  to  disapprove  and 
annul  the  same. 

Sec. 7.  And  be  it  further  enacted  by  the  authority  aforesaid.  That  the  presi- 
dent and  professors  of  said  university,  by  and  with  the  consent  of  the  Board  of 
Trustees,  shall  have  the  power  of  conferring  all  such  degrees  or  marks  of  liter- 
ary distinction  as  are  usually  conferred  in  colleges  or  universities. 

Sec.  8.  And  be  it  further  enacted  by  the  authority  aforesaid.  That  the  Board 
of  Trustees  may  as  often  as  they  see  proper,  according  to  rules  by  them  to  be 
prescribed,  elect  out  of  their  own  number  a  president,  whose  office  it  shall  be 
to  preside  at  the  meetings  of  said  Board,  and  said  Board  shall  have  authority  to 
appoint  a  treasurer,  secretary  and  such  other  officers  or  servants  as  shall  by 
them  be  deemed  necessary,  to  continue  in  office  for  such  time  and  to  be  suc^ 
ceeded  by  others  in  such  manner  as  the  said  Board  shall  direct ;  and  not  less 
than  five  of  said  trustees  shall  be  required  to  constitute  a  quorum  for  the  trans- 
action of  business.  Said  treasurer  shall  give  to  said  corporation  a  bond,  con- 
ditioned for  the  faithful  discharge  of  his  duties  in  a  penalty  to  be  fixed  and 
with  sureties  to  be  approved  by  said  Board  of  Missions  for  Freedmen. 

Sec.  9.  And  be  it  further  enacted  by  the  authority  aforesaid,  That  it  shall 
not  be  lawful  for  any  person  or  persons  to  set  up  or  continue  any  gaming  table 
or  any  device  whatever  for  playing  at  any  game  of  chance  or  hazard,  by  what- 
ever name  called,  or  to  receive  or  use  any  license  to  retail  spirituous  liquors  or 
otherwise  to  sell,  give  or  convey  to  any  person  or  persons  any  intoxicating 
liquors  within  one  mile  of  said  university,  and  any  person  or  persons  who  shall 
offend  against  the  provisions  of  this  section,  or  any  of  them,  shall  be  deemed 
guilty  of  a  misdemeanor. 

Sec.  10.  Be  it  further  enacted  by  the  authority  aforesaid,  That  the  whole 
amount  of  real  and  personal  estate  belonging  to  said  corporation  shall  not  at 
any  one  time  exceed  in  value  the  sum  of  one  million  dollars,  and  said  corpora- 
tion shall  be  entitled  to  hold  two  hundred  acres  of  land  free  from  taxation. 

Sec.  11.  Be  it  further  enacted,  That  all  laws  and  parts  of  law^s  coming  in  con- 
flict with  this  act  be,  and  the  same  are,  hereby  repealed  ;  and  that  this  act  shall 
be  in  force  from  and  after  its  ratification. 


522  FORM    OF    GOVERNMENT,    CHAP.     XII. 

XIV.       PRESBYTERIAN    THEOLOGICAL   SEMINARY    AT    OMAHA. 

[Note. — Located  at  Omaha,  Neb.    Established  in  1891.] 

1.    Articles  of  incorporation. 

We,  the  undersigned,  whose  names  are  attached  to  these  articles,  desiring  to 
establish  in  the  county  of  Douglas  and  State  of  Nebraska,  a  theological  insti- 
tution for  instruction  in  the  faith  and  doctrine  of  the  Presbyterian  Church  in 
the  United  States  of  America,  do  formulate,  adopt  and  publish  as  its  charter 
these  articles  of  association. 

Article  I. 

The  name  of  this  association  shall  be  "The  Presbyterian  Theological  Semi- 
nary at  Omaha  "  and  shall  be  located  in  Douglas  county,  Nebraska. 

Article  II. 

The  said  seminary  and  said  association  shall  be  under  the  jurisdiction 
and  amenable  to  the  General  Assembly  of  the  Presbyterian  Church  in  the 
United  States  of  America,  as  hereinafter  more  particularly  provided. 

Article  III. 

The  object  and  purpose  for  which  this  association  is  formed  and  the  said 
seminary  created  is  for  the  professional  and  ecclesiastical  education  of  candi- 
dates for  the  Christian  ministry,  according  to  the  faith  and  doctrines  as  herein- 
after specified. 

Article  IV. 

This  association  shall  be  controlled  by  a  Board  of  forty  directors,  who  shall 
have  the  power  to  fill  vacancies  which  may  occur  in  their  Board,  and  shall  hold 
their  office  until  their  successors  are  elected  and  qualified  according  to  the  con- 
stitution, rules  and  by-laws  of  this  association,  all  of  which,  however,  at  all 
times  shall  be  subject  to  the  terms  and  conditions  hereinafter  named. 

Article   V. 

There  shall  be  elected  by  the  Board  of  Directors,  at  each  annual  meeting 
thereof,  a  president,  vice-president,  secretary,  corresponding  secretary  and 
treasurer,  and  they  shall  also  have  power  to  elect  and  transfer  professors,  lec- 
turers, instructors  and  such  other  officers  and  agents  as  may  be  necessary,  the 
compensation  of  each  to  be  fixed  by  said  Board  of  Directors.  Said  directors 
shall  also  have  power  to  enact  such  by-laws  as  may  be  necessary  for  the  gov- 
ernment of  the  seminary  and  for  conducting  the  affairs  of  this  corporation,  not 
inconsistent  with  the  terms  and  provisions  of  this  charter.  The  election  or 
transfer  of  any  officer  or  agent  shall  be  subject  to  approval  and  removal,  as 
hereinafter  provided.  Before  any  director  enters  upon  the  execution  of  the 
duties  of  his  office,  he  shall  subscribe  in  a  book  kept  for  that  purpose  the  fol- 
lowing engagement : 

"In  the  presence  of  God  I  do  solemnlj^  promise  that  I  will  faithfully  execute 
the  office  of  director  of  'The  Presbyterian  Theological  Seminary  at  Omaha  '  in 
accordance  with  its  articles  of  association,  constitution  and  by-laws,  so  long  as 
I  continue  in  office,  and  shall  be  amenable  to  the  provisions  of  said  articles, 
constitution  and  by-laws." 

An  executive  committee  shall  be  elected  by  the  directors  and  be  not  more 
than  ten  in  number  nor  less  than  five  ;  have  and  exercise  only  such  power  as 
may  be  vested  in  them  by  the  directors  and  the  constitution  and  by-laws  of 
the  association. 

Article   VI. 

This  corporation  shall  have  a  seal,  which  shall  have  on  its  face  the  words, 
"  The  Presbyterian  Theological  Seminary  at  Omaha.     Seal." 

Article    VII. 

This  association,  by  and  through  its  directors  and  officers,  shall  have  power 
to  invest  and  loan  all  moneys  and  funds,  and,  by  bargain,  sale,  lease,  or  other- 


OF    THE   GENERAL   ASSEMBLY.  523 

Tvise,  to  manage,  sell  and  dispose  of  any  and  all  lands,  tenements,  stocks,  rents, 
annuities,  franchises,  legacies,  bequests  and  estates  of  any  kind  of  wliicli  tliey 
shall  be  legally  seized  and  possessed,  unless  otherwise  prevented  by  the  terms 
and  conditions  by  which  it  became  seized  and  possessed  of  said  property,  in 
each  and  every  case,  however,  for  the  sole  use  of  said  seminary  and  the  promo- 
tion of  the  objects  for  which  it  is  established,  and  in  conformity  to  the  provi- 
sions of  these  articles. 

Article   VIII. 

In  order  that  the  Presbyterian  Church  in  the  United  States  of  America  may 
have  and  exercise  proper  control  over  the  teachings  in  and  property  of  "  The 
Presbyterian  Theological  Seminary  at  Omaha,"  it  is  hereby  provided  as 
follows  : 

A.  All  funds  and  property  of  every  name  and  nature,  and  the  income  and 
proceeds  thereof,  which  may  at  any  time  belong  to,  or  be  held  by  the  said 
"The  Presbyterian  Theological  Seminary  at  Omaha,"  shall  be  held  by  it  in 
trust  for  the  Presbyterian  Church  in  the  United  States  of  America,  and  be  used 
only  for  theological  education  in  the  faith  and  doctrine  set  forth  in  the  Stand- 
ards of  the  Presbyterian  Church  in  the  United  States  of  America,  as  now  or 
hereafter  interpreted  by  its  General  Assembly,  and  for  no  other  purpose  and 
this  provision  governing  all  said  funds  or  property  shall  be  irrevocable  and 
inviolable. 

B.  The  election  of  each  and  every  director,  and  the  election,  appointment  or 
transfer  of  every  instructor  or  professor  in  said  seminary,  shall  be  subject  to  the 
approval  of  the  next  succeeding  General  Assembly  of  the  Presbyterian  Church 
in  the  United  States  of  America,  and  no  election,  appoiutmeutor  transfer  shall 
take  effect  until  so  approved  ;  the  failure  of  the  General  Assembly,  to  which 
said  elections,  appointments  or  transfers  are  reported  for  approval  to  act 
thereon,  shall  be  regarded  as  approval  of  said  elections.  No  professor,  in- 
structor or  teacher  shall  be  inducted  into  office  until  his  election,  appointment 
or  transfer  is  approved  as  herein  provided,  and  each  and  every  of  said  teachers, 
instructors  or  professors  shall  be  ministers  or  members  in  good  standing  of  the 
Presbyterian  Church  in  the  United  States  of  America. 

C.  Power  and  authority  is  hereby  given  and  granted  to  the  Presbyterian 
Church  in  the  United  States  of  America,  to  provide  through  and  by  its  General 
Assembly,  at  any  meeting  thereof,  such  manner  and  means  as  said  General 
Assembly  may  deem  wise  and  prudent  for  the  enforcement  of  the  provisions 
of  these  articles  of  incorporation,  and  may  do  so  in  the  name  of  such  person  or 
corporation  as  it  may  direct  by  resolution  certified  by  its  clerk  in  any  civil 
court  having  jurisdiction  over  this  corporation  or  its  property. 

2.    Act  of  the  Legislature  of  Nebraska. 

A  bill  for  an  act  to  amend  section  19,  chapter  16  (being  general  section  1694) 
of  the  Compiled  Statutes  of  1895,  and  to  repeal  said  original  section  and  to 
add  thereto  provisions  relating  to  the  holding  of  property  in  trust  for  pur- 
poses of  theological  education,  and  to  provide  for  enforcement  of  said 
trust  and  the  administration  thereof. 

Be  it  enacted  by  the  Legislature  of  the  State  of  Nebraska  : 
Section  1,  Section  19,  chapter  16  (being  general  section  1694)  of  the  Com- 
piled Statutes  of  1895,  be  amended  to  read  as  follows  : 

The  trustees  of  any  university,  college,  theological  seminary,  or  academy, 
may  hold  in  trust  any  property,  devised,  bequeathed  or  donated  to  such  insti- 
tution upon  any  specific  trust  consistent  with  the  object  of  said  corporation. 
Provided,  however,  That  any  corporation  formed  for  the  purpose  of  providing 
theological  education,  or  giving  religious  instruction,  or  for  the  purpose  of 
maintaining  and  operating  a  theological  seminary  in  connection  with,  or  on 
the  part  of,  any  religious  sect,  association  or  denomination,  is  hereby  authorized 
and  empowered  to  set  forth  in  its  articles,  or  certificate  of  incorporation,  as  a 
part  of  the  same,  the  name  of  the  religious  sect,  association  or  denomination, 
with  which  it  is  connected,  and  to  declare  that  it  shall  acquire  and  hold  its  real 
and  personal  property  in  trust  for  the  purpose  of  theological  education  or  in- 
struction, according  to  the  standards  of  said  religious  sect,  association  or  de- 
nomination, and  it  is  further  authorized  and  empowered  to  grant  to  the  supreme 
court  or  other  ecclesiastical  body  of  such  religious  sect,  association  or  denomi- 
nation, whether  the  same  be  a  conference,  Presbytery,  Synod,  General  Assem- 


624  FORM    OF   GOVERNMENT,    CHAP.    XIII. 

bly,  convocation,  or  otherwise,  the  right  to  approve  the  election  of  its  directors, 
trustees,  professors,  teachers  and  instructors,  without  which  approval  the 
election  of  said  directors,  trustees,  professors,  teachers  and  instructors  shall 
not  be  valid,  and  it  is  further  authorized  and  empowered  to  grant  to  said 
supreme  court  or  other  ecclesiastical  body  of  such  religious  sect,  association  or 
denomination,  authority  to  appear  in  any  court  of  competent  jurisdiction  in 
the  name  of  such  person  as  it  may  designate  for  and  on  its  behalf,  to  protect 
the  trust  in  and  to  said  property  so  declared  in  said  articles  of  incorporation, 
and  to  provide  against  the  misuse  of  the  same,  and  to  enforce  the  rights  con- 
ferred on  said  supreme  court  or  other  ecclesiastical  body  of  such  religious  sect, 
association  or  denomination,  by  the  terms  of  said  article  or  certificate  of  incor- 
poration ;  and  it  is  further  authorized  and  empowered  to  set  forth,  in  its  articles 
or  certificate  of  incorporation,  such  other  rights  as  to  the  administration  of  the 
purpose  for  which  it  is  organized,  and  not  inconsistent  with  the  laws  of  this 
State,  or  of  the  United  States,  as  said  incorporation  may  desire  to  confer  on 
said  supreme  court  or  other  ecclesiastical  body  of  such  religious  sect,  associa- 
tion or  denomination,  and  said  supreme  court  or  other  ecclesiastical  body  of 
such  religious  sect,  association  or  denomination,  shall  possess  and  exercise  all 
the  rights  and  powers  so  set  forth  in  said  articles  or  certificate  of  incorporation. 
Provided,  further.  Any  corporation  heretofore  formed  for  the  purpose  of  pro- 
viding theological  education  or  giving  religious  instruction  or  for  the  purpose 
of  maintaining  and  operating  a  tlieological  seminary  in  connection  with  or  on 
the  part  of  any  religious  sect,  association  or  denomination,  which  has  been  in- 
corporated under  the  laws  of  this  State,  whether  by  special  act  of  the  legisla- 
ture or  otherwise,  may  avail  itself  of  the  provisions  of  the  preceding  section  as 
a  part  of  its  articles  or  certificate  of  incorporation,  and  may  declare  the  trust 
on  which  it  holds  and  for  which  it  acquires  its  property,  and  may  confer  on  the 
supreme  court  or  other  ecclesiastical  body  of  such  religious  sect,  association  or 
denomination,  any  or  all  of  the  rights,  powers  and  privileges  provided  by  this 
section  to  be  conferred  on  corporations  hereafter  organized,  and  may  accept 
the  provisions  of  this  section  by  a  vote  of  the  majority  of  the  trustees  of  said 
corporation  present  at  a  regular  meeting,  and  when  so  accepted,  a  certified 
copy  of  such  acceptance,  together  with  a  certified  copy  of  the  declaration  of 
trust  on  which  it  holds  and  for  which  it  acquires  its  property,  and  of  the  rights 
and  powers  which,  pursuant  to  the  provisions  of  this  section,  it  desires  to  con- 
fer and  has  conferred  upon  the  supreme  court  or  other  ecclesiastical  body  of 
such  religious  sect,  association  or  denomination,  shall  be  filed  in  the  ofl[ice  of 
the  Secretary  of  Slate,  and  when  so  filed  the  same  shall  become  and  be  a  part 
of  the  charter  of  said  corporation,  and  said  supreme  court  or  other  ecclesiasti- 
cal body  of  such  religious  sect,  association  or  denomination,  shall  possess  and 
exercise  all  of  the  rights  and  powers  so  set  forth  in  said  articles  or  certificate 
of  incorporation. 

Sec.  2.  That  said  original  section  19  (general  section  1694)  of  the  Com- 
piled Statutes  of  1895  be  and  the  same  hereby  is  repealed. 

3.    Action  of  the  Board  of  Directors,  1895. 

lu  order  that  the  Presbyteriau  Church  in  the  United  States  of  America 
may  have  and  exercise  proper  control  over  the  teachings  in,  and  property 
of,  "The  Presbyterian  Theological  Seminary  at  Omaha,"  the  Board  of 
Directors  added  Article  VIII  to  the  Articles  of  Incorporation.  See  page 
523. 

[Note. — For  the  full  action  of  the  Board,  see  Minutes,  1895,  p.  163.] 


CHAPTER  XIII. 


OF  ELECTING  AND  ORDAINING  R  ULING  ELDERS 
AND  DEACONS. 

I.    Having  defined  the  officers  of  the  church,  and  the  judicatories  by 
which  it  shall  be  governed,  it  is  proper  here  to  prescribe  the  mode  in 


OF  ELECTING  AND  ORDAINING  RULING  ELDERS  AND  DEACONS,      525 

which  ecclesiastical  rulers  should  be  ordaiued  to  their  respective  offices, 
as  well  as  some  of  the  principles  by  which  they  shall  be  regulated  in 
discharging  their  several  duties. 

II.  Every  congregation  shall  elect  persons  to  the  office  of  ruling  elder, 
and  to  the  office  of  deacon,  or  either  of  them,  in  the  mode  most  approved 
and  in  use  in  that  congregation.  But  in  all  cases  the  persons  elected  must 
be  male  members  in  full  communion  in  the  church  in  which  they  are  to 
exercise  their  office. 

[Note.— See  Form  of  Government,  Chap,  v,  Sec.  1,  p.  148.] 

1.    Elders  must  be  duly  elected  and  set  apart. 

The  following  inquiry  was  referred  to  the  decision  of  the  Assembly  by 
the  Synod  of  the  Carolinas,  viz. : 

In  what  point  of  light  are  the  elders  nominated  and  ordained  by  Mr. 
Balch  to  be  viewed  hereafter  in  Mount  Bethel  congregation? 

It  was  determined  by  the  Assembly  that  the  ' '  elders ' '  mentioned  in 
the  inquiry  are  to  be  henceforth  viewed  as  private  church  members  only, 
unless  they  be  duly  elected  and  set  apart  as  church  officers  hereafter. — 
1798,  p.  158. 

2    The  Session  may  propose  names  to  the  congregation. 

The  reports  on  the  records  of  the  Synod  of  Pittsburgh  were  taken  up 
and  read.  The  majority  report  is  as  follows,  viz. :  *'  The  Committee  to 
whom  the  records  of  the  Synod  of  Pittsburgh  were  committed  would 
report  that  they  have  examined  the  same  and  find  them  regularly  and 
neatly  kept,  and  would  recommend  their  approval." 

The  report  of  the  minority  is  as  follows,  viz. :  ' '  The  minority  of  the 
Committee  on  the  Records  of  the  Synod  of  Pittsburgh  recommend  that 
they  be  approved,  with  the  exception  of  the  censure  passed  on  the  Pres- 
bytery of  Redstone,  p.  284,  for  their  disapproval  of  the  action  of  the 
Session  of  Morgantown  in  nominating  two  persons  to  the  office  of  ruling 
elder  in  that  congregation,  and  recommend  that  the  judgment  of  the 
Synod  be  reversed,  and  that  the  following  resolution  be  adopted,  to  wit : 

* '  Resolved,  That  in  the  judgment  of  the  Assembly,  the  nomination  by 
the  Session  of  persons  to  the  office  of  ruling  elder  or  deacon  is  contrary 
to  Form  of  Government,  Chap,  xiii.  Sec.  ii,  Avhich  says,  '  Every  congre- 
gation shall  elect  persons  to  the  office  of  ruling  elder  or  deacon  in  the 
mode  most  approved  and  in  use  in  that  congregation,'  and  is  inconsistent 
with  the  freedom  of  elections. ' ' 

On  motion  the  report  of  the  majority  was  adopted  as  the  sense  of  the 
Assembly,  and  the  whole  ordered  to  be  entered  on  the  minutes. — 
1847,  p.  381,  O.  S. 

3.    A  meeting  for  the  election  of  elders  can  be  called  regularly  only 
by  the  Session  or  by  some  higher  court. 

Overture,  from  two  ruling  elders  of  the  Brazeau  Church,  Presby- 
tery of  Potosi,  Synod  of  Missouri,  as  follows:  "Is  it  regular  for  a 
congregation,  where  there  is  no  pastor,  and  a  Session  of  two  ruling 
elders,  to  call  a  meeting  of  the  congregation  and  elect  a  new  Session 
without  consulting  the  Session  of  the  church  where  said  election  was 
made  by  a  small  minority  of  the  church  ?" 

The  Committee  recommend  the  following  answer:  "The  Session  of  a 


526  FORM   OF   GOVERNMENT,    CHAP.    XIII. 

church  should  always  be  consulted  with  reference  to  calling  a  meeting 
for  the  election  of  additional  ruling  elders;  and  it  is  irregular  to  call  a 
meeting  for  such  a  purpose,  and  proceed  to  an  election,  unless  the  meet- 
ing is  called  through  and  by  authority  of  the  Session  or  some  higher 
court. ' ' 

The  report  and  recommendation  were  adopted. — 1867,  p.  320,  O.  S. 

4.    Relation  of  the  Session  to  the  meeting  of  the  electors. 

In  an  election  of  elders  in  a  particular  church,  should  the  meeting 
for  the  election  be  presided  over  by  the  Session  and  is  the  Session  alone 
competent  to  conduct  the  election  ? 

The  Committee  recommend  that  the  Presbytery  be  referred  to  Chap, 
xiii,  Sec.  ii,  of  the  Form  of  Government.     Adopted. — 1878,  p.  57. 

5.    The  pastor  is  Moderator   ex-officio  of  a  meeting  to  elect  elders 

and  deacons. 

Overture  No.  5,  being  a  request  from  the  Synod  of  New  York  for  an 
answer  to  the  following  question:  "  Is  the  pastor  of  a  church,  by  virtue 
of  his  office,  the  Moderator  of  a  meeting  of  the  communicants  of  his 
church  called  to  elect  ruling  elders  and  deacons,  and  will  the  answer  to 
this  question  also  apply  to  regularly  appointed  Moderators  of  Sessions 
who  are  not  pastors?"  It  is  recommended  that  these  questions  be 
answered  in  the  affirmative. — 1886,  p.  26. 

6.    A  superior  judicature  may  authorize  the  meeting. 

That  the  entire  church  take  immediate  measures  to  elect  a  new  bench 
of  elders,  with  a  view  to  promote  the  peace  of  the  church,  and  to 
secure  the  permanent  settlement  of  the  Gospel  ministry  among  them. — 
1834,  p.  453. 

TNoTE. — See  under  vii,  below. 1 

7.  The  remedy  in  case   the   Session  refuse  to  convene  the  congre- 

gation is  to  complain  to  Presbytery. 

The  Session  of  a  church  has  the  authoi'ity  to  convene  the  congregation 
for  all  such  purposes;  but  should  the  Session  neglect  or  refuse  to  con- 
vene the  congregation,  the  party  feeling  aggrieved  has  its  remedy  by 
application  to  Presbytery  in  the  form  of  a  complaint. — 1822,  p.  49. 

[Note.— See  12,  below,  p.  530 ;  1840,  p.  305,  0.  S.  Also  Book  of  Discipline,  Sec.  Ixxi, 
p.  678.] 

8.  Irregularity  in  call  of  meeting  does  not  necessarily  invalidate  the 

election, 
a.  G.  B.  Smith  and  J.  T.  Clark  were  elected  elders  of  the  Church 
of  Madison,  Wis.,  at  a  meeting  held  on  Sunday,  August  26,  1855. 
David  Dennon  and  H.  J.  Davidson  were  elected  deacons.  Notice  of 
the  meeting  had  been  given  on  the  previous  Sabbath  from  the  pulpit, 
and  also  on  the  day  of  meeting.  Messrs.  G.  B.  Smith  and  J.  T.  Clark 
were  ordained  as  elders  on  the  evening  of  that  day.  David  Dennon 
was  at  the  same  time  ordained  as  deacon.  At  the  next  meeting  of  Pres- 
bytery, called  pro  re  nata,  at  the  request  of  the  party  opposed  to  the 
present  complainants,  J.  T.  Clark  and  J.  Y.  Smith  both  claimed  seats 
as  the  representatives  of  the  Madison  Church.  ]Mr.  Clark  had  been 
appointed  by  the  Session,  the  vote  being  a  tie,  and  the  casting  vote  being 
given  for  him  by  the  Moderator.     The  two  former  elders  of  the  church, 


OF  ELECTING  AND  ORDAINING  RULING  ELDERS  AND  DEACONS.      527 

one  of  whom  was  an  ordained  minister  and  a  member  of  the  Presbytery 
of  Dane,  withdrew,  alleging  that  they  disputed  the  fact  that  the  other 
two  were  elders.  At  the  Presbytery,  J.  Y.  Smith  contested  the  right  of 
Clark  to  a  seat  in  that  body,  on  the  ground  that  the  meeting  to  elect 
elders  had  not  been  called  by  order  of  the  existing  Session.  The  exist- 
ing or  former  Session  and  their  party  had  due  notice  of  the  meeting, 
and  were  present  at  its  commencement.  They  attempted  to  postpone 
the  election,  and  withdrew  after  the  majority  had  voted  to  proceed  with 
the  election. 

The  Presbytery  of  Dane  admitted  Mr.  Clark  to  his  seat,  thus  recog- 
nizing the  validity  of  his  election  and  ordination.  Against  this  action 
of  the  Presbytery,  J.  Y.  Smith  and  his  party  complained  to  the  Synod 
of  Wisconsin.  The  Synod  sustained  the  complaint,  thus  pronouncing 
the  election  and  the  ordination  of  the  new  elders  invalid.  Against  this 
decision  of  the  Synod,  Mr.  Gardiner  and  Mr.  J.  T.  Clark  complain. 

The  above  is  the  statement  of  the  case  as  agreed  upon  by  the  parties. 
It  is  submitted  with  a  view  of  saving  the  time  of  the  Assembly. 

The  Judicial  Committee  recommend  to  the  Assembly  the  adoption  of 
the  following  minute,  as  a  final  settlement  of  the  case,  agreed  on  by 
both  parties: 

1 .  That  the  complaint  be  sustained  pro  forma,  and  the  decision  of  the 
Synod  be  reversed,  so  far  as  it  pronounces  the  election  and  ordination  of 
the  elders  and  deacons  invalid,  the  Assembly  being  of  opinion  that  the 
informality  in  the  call  of  the  congregational  meeting  was  not  so  serious 
as  to  vitiate  the  election  and  ordination. 

2.  That  the  Synod  was  right  in  pronouncing  the  call  of  the  congrega- 
tional meeting  irregular. 

3.  That  although  the  Assembly  thus  recognize  the  validity  of  the  elec- 
tion and  ordination  of  the  said  elders  and  deacons,  they  yet  recommend, 
the  said  elders  having  assented  thereto  by  their  representatives,  that  in 
view  of  past  and  existing  difficulties  the  said  elders  and  deacons  cease  to 
act,  according  to  our  Form  of  Government,  until  such  time  as  in  the 
estimation  of  the  Presbytery  of  Dane  the  church  can  be  reasonably 
harmonious  in  receiving  them  in  their  official  capacity. — 1856,  p.  517, 
O.  S. 

9.    Ministers  are  not  eligible  to  the  eldership. 

a.  Overture  from  sundry  members  of  the  Assembly,  inquiring  whether 
an  ordained  minister  may  accept  and  exercise  the  office  of  ruling  elder 
in  a  church  belonging  to  the  same  Presbytery  of  which  he  is  a  member. 

At  the  recommendation  of  the  Committee  this  was  answered  in  the 
negative.— 1856,  p.  522,  O.  S. ;  confirmed,  1871,  p.  546. 

b.  The  Special  Committee,  appointed  by  the  last  Assembly,  on  the 
relation  of  unemployed  ministers  to  the  churches  among  whom  they 
reside,  presented  their  report,  which  was  adopted,  and  is  as  follows: 

By  the  last  General  Assembly,  which  met  at  Dayton,  O.,  the  under- 
signed were  appointed  a  Committee  to  consider  and  report  upon  the 
following  resolution  (see  3Iinutes,  1864,  p.  462): 

Resolved,  That  the  subject  of  the  relation  of  unemployed  ministers  to 
the  churches  among  whom  they  reside,  and  whom  they  may  be  desired 
and  are  disposed  to  serve  as  ruling  elders,  be  referred  to  a  Committee  to 
consider  and  recommend  what  action  can  and  ought  to  be  taken  by  the 
Assembly  for  removing  the  constitutional  restriction  which  prevents  the 


528  FORM    OF   GOVERNMENT,    CHAP.    XIII. 

employment  of  such  ministers  in  the  service  of  the  Church  as  ruling 
elders,  and  report  to  the  next  Assembly. 

The  ' '  constitutional  restriction' '  referred  to  is  found  in  the  Form  of 
Government,  Chap,  xiii,  Sec.  ii,  where  it  is  said  that  persons  elected  to 
the  offices  of  ruling  elder  and  of  deacon  must"  in  all  cases"  be  male 
members  in  full  communion  in  the  church  in  which  they  are  to  exercise 
their  office.  By  the  practice  of  our  Church,  ministers  are  not  members 
of  any  particular  church,  and  therefore  cannot  be  ehgible  to  the  above 
offices. 

The  case  might  be  reached  constitutionally  in  one  of  two  ways.  The 
first  would  be  an  alteration  of  the  above  rule,  making  an  express  excep- 
tion in  respect  to  "  unemployed  ministers;"  but  this  would  involve  the 
infelicity  and  inconvenience  of  holding  two  offices,  and  would  require 
adjustments  of  other  parts  of  the  Constitution. 

The  other  mode  would  be  the  adoption  of  a  constitutional  provision, 
allowing,  in  certain  well-defined  cases,  the  demittiug  of  the  ministerial 
office.  While  some  of  your  Committee  are  inclined  to  this  course,  yet 
they  do  not  think  it  expedient  to  recommend  it  for  adoption  without 
further  discussion  and  more  specific  instructions  from  the  Assembly. 

At  the  same  time  your  Committee  are  unanimously  of  the  opinion  that 
any  church  has  a  right  to  avail  itself  of  the  experience  and  wisdom  of 
such  unemployed  ministers.  While  it  cannot  directly  invest  such  minis- 
ters with  the  office  of  ruling  elder,  yet  it  may,  by  a  formal  vote,  request 
them  to  take  part  in  all  the  deliberations  of  the  Session.  What  is 
desirable  in  the  case  may  thus  be  gained  without  any  violation  of  consti- 
tutional provision. — 1865,  pp.  13,  14,  N.  S. 

[Note. — See,  however,  F.  G.,  Chap,  ix.  Sees,  i,  iii,  where  it  is  affirmed  that  a  Session 
may  not  invite  a  minister  of  the  Gospel  to  sit  as  a  corresponding  member.  A  minis- 
ter cannot  act  as  a  ruling  elder,  since  he  is  not  a  "representative  of  the  people" 
nor  elected  by  the  church  for  that  service.] 

C.  A  minister  belonging  to  the  Presbytery  of  Grand  River  Valley,  now 
editing  a  paper  and  not  preaching  on  account  of  throat  difficulty,  was 
solicited  to  accept  the  office  of  elder  by  the  First  Presbyterian  Church, 
of  Grand  Haven,  Mich.,  was  elected  unanimously,  accepted  the  office, 
and  entered  on  his  duties.  The  Presbytery,  in  reviewing  the  records, 
declared  it  was  irregular,  and  did  nothing  more.  The  pastor  of  said 
church  brought  the  matter  before  the  Session ;  and,  after  considering  the 
case,  the  Session  did  nothing.  This  brother,  not  being  able  to  preach 
and  over  sixty  years  of  age,  accepted  the  office  of  ruling  elder  because 
he  was  willing  to  work  in  the  vineyard  of  the  Lord  in  a  more  humble 
capacity,  but  has  not  resigned  the  ministerial  office,  holding  still  his  place 
as  a  member  of  the  Presbytery  of  Grand  River  Valley. 

The  Committee  recommended  for  answer  a  reference  to  the  report  of 
the  Special  Committee  on  this  subject,  made  to  the  Assembly  of  1865, 
and  found  in  the  Minutes  for  that  year,  pp.  13,  14  (see  b  above). 

The  report  was  adopted.— 1869,  p.  282,  N.  S. 

d.  "  Is  a  minister  a  member  of  a  particular  church,  and,  as  such,  is 
he  eligible  to  the  office  of  ruling  elder  in  that  church  ?' ' 

The  Committee  recommend  that  the  Assembly  answer  "No;"  and 
refer  to  the  Digest  (Moore,  1873),  page  339.     Adopted. — 1874,  p.  84. 

e.  Overture  from  the  Presbytery  of  Cedar  Rapids,  asking  the  General 
Assembly  to  take  such  action  as  may  be  necessary  to  permit  churches, 
when  they  so  desire,  to  elect  as  ruling  elders  ministers  of  our  Church, 


OF  ELECTING  AND  ORDAINING  RULING  ELDERS  AND  DEACONS.     o2d 

without  charge,  who  are  resident  members  of  their  congregations.  Your 
Committee  would  recommend  that  this  overture  be  answered  in  the  nega- 
tive, because  ministers  are  not  members  of  any  particular  church,  nor 
amenable  to  its  discipline.  See  "Form  of  Government,"  Chap,  xiii. 
Sec.  ii.     Adopted.— 1893,  p.  116. 

f.     All  exception  allowed  in  the  case  of  foreign  missionaries. 

Overtures  from  the  Synod  of  AVisconsin  and  from  the  Presbytery  of 
Corisco,  asking  "whether  a  minister  who  has  been  compelled  in  the 
providence  of  God  to  lay  aside  active  ministerial  duties  is  eligible  to  the 
eldership ; ' '  and  ' '  whether  an  ordained  minister  can  occupy  the  position 
of  a  ruling  elder  in  the  Church. ' ' 

The  Committee  recommend  that  the  Synod  and  Presbytery  be  referred 
to  the  action  of  the  General  Assembly  (O.  S.)  of  1856  (see  a  above), 
and  that  that  action  be  now  reaffirmed  by  this  Assembly — that  an 
ordained  minister  cannot  be  also  a  ruling  elder  in  a  congregation. 

And  that  the  Presbytery  of  Corisco  be  also  informed  that  in  excep- 
tional cases,  on  foreign  missionary  ground,  it  may  be  expedient  for  a 
minister  to  perform  temporarily  the  functions  of  a  ruling  elder  without 
having  been  specially  set  apart  to  the  office. — 1871,  p.  546. 

g.  Overture  from  the  Presbyterian  Mission  in  Korea.  In  the  absence 
of  ordained  elders  a  Session  may  consist,  on  a  foreign  field,  of  the 
missionaries  in  charge  of  the  work. — 1896,  p.  147. 

[Note. — See  under  Form  of  Government,  Chap,  ix,  Sec.  i,  p.  157.] 

10.    Uniformity  in  the  mode  of  election  deemed  impracticable. 

The  Committee  on  Overture  No.  9,  relating  to  an  amendment  in  the 
Form  of  Government,  Chap,  xiii,  Sec.  ii,  reported,  and  their  report  was 
adopted,  and  is  as  follows,  viz. : 

The  Committee  to  whom  was  referred  the  consideration  of  Overture 
No.  9,  relating  to  an  alteration  of  that  part  of  the  Constitution  of  our 
Church  which  gives  the  right  of  choosing  ruling  elders  and  deacons  to 
the  congregation,  in  the  way  most  approved  and  in  use  in  the  congrega- 
tion, reported,  that  after  deliberating  on  the  subject  they  find  themselves 
unable  to  devise  any  method  by  which  a  uniformity  of  practice  can  be 
established  in  this  interesting  concern  throughout  the  different  sections 
of  our  Church,  and  believe  that  any  alteration  effected  in  the  Constitu- 
tion, with  a  view  to  relieve  the  difficulties  in  one  section,  would  produce 
difficulties  in  another  section  of  the  Church.  The  Committee  therefore 
judge  it  inexpedient  to  propose  any  alteration,  and  recommend  that  the 
Assembly  dismiss  this  subject  from  any  further  consideration.  [See  12 
below.]— 1826,  p.  187. 

11.    The  mode  most  approved  and  in  use  may  be  changed  by  the 
congregation.    Direct  vote  advised. 

And  while  the  Assembly  would  recognize  the  undoubted  right  of  each 
congregation  to  elect  their  elders  in  the  mode  most  approved  and  in  use 
among  them,  they  would  recommend  that  in  all  cases  where  any  dissatis- 
faction appears  to  exist,  the  congregation  be  promptly  convened  to  decide 
on  their  future  mode  of  election.  And  they  are  inclined  to  believe  that 
the  spirit  of  our  Constitution  would  be  most  fully  sustained  by  having 
in  all  cases  a  direct  vote  of  the  congregation  in  the  appointment  of 
elders.— 1827,  p.  215. 

[Note. — See  under  Sec.  viii,  p.  541.] 
34 


530  FORM   OF   GOVERNMENT,    CHAP.    XIII. 

12.    The  right  of  the  superior  judicatory  to  interfere  with  the  mode 

in  use  disavowed. 

The  Assembly  deem  it  proper,  in  sustaining  the  complaint  of  the 
Presbytery  of  Blairsville,  to  declare  that  they  do  it  on  the  ground  that 
the  decision  of  the  Synod  of  Pittsburgh,  disapproving  of  the  act  of  the 
Presbytery,  if  carried  into  effect,  would  render  it  necessary  for  the 
churches  in  that  Presbytery,  and  any  other  within  the  bounds  of  that 
Synod  whose  practice  may  be  the  same,  to  change  their  usage  as  to  the 
manner  of  electing  ruling  elders,  which  by  the  Constitution  is  left  to  be 
regulated  by  "  the  mode  most  approved  and  in  use  in  each  church." 
At  the  same  time,  the  Assembly,  in  coming  to  this  result  have  no  design 
to  establish  a  uniform  mode  of  electing  elders  throughout  the  Church, 
which  is  designedly  left  by  the  Constitution  to  be  regulated  by  the  usage 
of  each  particular  church. 

And  it  may  be  added  that  in  those  churches  in  which  the  usage  has 
prevailed  for  the  existing  eldership  to  determine  when  and  how  large  an 
addition  shall  be  made  to  the  Session,  the  Church  has  an  effectual 
security  against  the  abuse  of  that  power,  in  the  right  of  appeal  or  com- 
plaint secured  by  the  Constitution. — 1840,  p.  305,  O.  S. 

[Note. — See.  Chap,  xiii,  Sec.  ii,  Form  of  Government.] 

13.    Who  are  the  electors  of  ruling  elders  and  deacons  ? 

a.     Members  not  communicants,  where  such  is  the  usage. 

The  General  Assembly,  having  gone  fully  into  the  consideration  of  the 
appeal  from  the  decision  of  the  Synod  of  Ohio,  by  Messrs.  Lowerie 
and  Kelso,  and  having  seen  with  deep  regret  the  appearance  of  much 
disorder  in  the  whole  business,  which  they  disapprove,  believing,  as  the 
Assembly  do,  that  the  election  of  elders  should  be  conducted  with  all  due 
deliberation,  according  to  the  letter  of  the  Constitution  of  the  Presbyte- 
rian Church,  and  in  the  spirit  and  temper  of  the  Gospel,  and  although 
the  Assembly  are  of  the  opinion  that  it  would  be  most  desirable  to  have 
the  communicants  only  as  the  electors  of  ruling  elders,  yet,  as  it  appears 
to  be  the  custom  in  some  of  the  churches  in  the  Presbyterian  connection, 
to  allow  this  piivilege  to  others,  they  see  no  reason  why  the  election  be 
considered  void,  nor  any  reason  why  the  decision  of  the  Synod  of  Ohio 
should  not  be  affirmed.     Therefore, 

Resolved,  That  the  sentence  of  the  Synod  of  Oliio  be  and  it  is  hereby 
affirmed.— 1822,  p.  49. 

b.      Only  baptized  persons  allowed  to  vote  for  ruling  elders. 

Ought  an  unbaptized  person,  who  yet  pays  his  proportion  for  the  sup- 
port of  a  congregation,  to  be  permitted  to  vote  for  ruling  elders  ? 

The  office  of  ruling  elder  is  an  office  in  the  Church  of  Christ ;  that 
ruling  elders  as  such,  according  to  the  Constitution,  Book  I,  Form  of 
Government,  Chap,  v,  are  "  the  representatives  of  those  by  whom  they 
are  chosen,  for  the  purpose  of  exercising  government  and  discipline," 
in  the  kingdom  of  our  Lord  Jesus  Christ  ;  that  the  discipline  lawfully 
exercised  by  them  is  the  discipline  exercised  through  them  by  their 
constituents,  in  whose  name  and  by  whose  authority  they  act  in  all  that 
they  do.  To  suppose,  therefore,  that  an  unbaptized  person,  not  belong- 
ing to  the  visible  kingdom  of  the  Redeemer,  might  vote  at  the  election  of 
ruling  elders,  would  be  to  establish  the  principle  that  the  children  of  this 


OF  ELECTING  AND  ORDAINING  RULING  ELDERS  AND  DEACONS.     531 

woidd  might  through  their  representatives  exercise  discipline  in  the 
Church  of  God,  which  is  manifestly  unscriptural  and  contrary  to  the 
Standards  of  our  Church,  and  your  Committee  would  therefore  recom- 
mend that  the  question  on  the  said  overture  be  answered  in  the  negative. 
—1830,  reprint,  p.  284. 

C.     Neither  the  presiding  officer  nor  the  Session  may  disqualify  voters 
ivhose  standing  has  not  been  impaired  by  judicial  process. 

When  a  meeting  of  a  church  duly  called  is  held  for  the  election  of 
elders,  may  the  Moderator  presiding  at  such  meeting  disqualify  voters 
whose  standing  has  not  been  impaired  by  regular  judicial  process  ? 

Answered  in  the  negative. — 1896,  p.  91. 

Resolved,  1.  That  neither  the  presiding  officers  of  church  or  congrega- 
tional meetings,  nor  the  Sessions  of  churches,  possess  the  power  to  deprive 
communicant  members  in  good  standing  of  their  right  to  vote  at  meetings 
of  the  church  or  of  the  congregation,  except  by  due  process  of  law  in  ac- 
cordance with  the  provisions  of  the  Book  of  Discipline. — 1897,  p.  139. 

d.     Most  consonant  to  our  form  of  government  that  communicants  only 

be  the  electors. 

Are  others  than  communicants  entitled  to  vote  for  ruling  elders  ? 

The  Assembly,  in  accordance  with  the  decision  of  former  Assemblies, 
judges  it  most  consonant  to  our  form  of  government  that  communicants 
only  should  vote  in  the  election  of  ruling  elders. — 1855,  p.  299,  O.  S. 

Overture. — A  resolution,  referred  by  the  Assembly,  asking  for  a  defini- 
tion of  the  word  "congregation,"  as  used  in  the  chapter  of  our  Disci- 
pline which  prescribes  the  manner  of  electing  ruling  elders.  Your 
Committee  recommend  the  Assembly  to  answer,  that  the  term  ' '  congre- 
gation "  includes  only  the  actual  communicants  of  the  particular  church. 

Adopted.— 1882,  p.  97. 

Resolved,  That  only  communicants  in  good  standing  are  qualified  voters 
at  the  election  of  ruling  elders  and  deacons. — 1897,  p.  138. 

e.     No  distinction  to  be  made  as  to  the  age  of  electors. 

As  to  the  right  of  minors  to  vote  in  the  election  of  elder  and  deacon. 

That  it  is  not  in  accordance  with  the  principles  and  usages  of  the  Pres- 
byterian Church  to  distinguish  between  members  of  the  Church  as  to 
their  ages,  in  voting  for  officers  of  the  Church. — 1859,  p.  18,  N.  S. 

Paper  No.  5,  being  a  complaint  of  Rev.  Arthur  C.  Ludlow  to  the 
Synod  of  Ohio  against  the  action  of  the  Presbytery  of  Cleveland,  touch- 
ing the  constitutionality  of  a  provision  in  the  Constitution  of  the  Winder- 
mere Church ,  limiting  participation  in  the  election  of  ' '  Deacons  and 
Elders  to  communicants  over  eighteen  years  of  age."  Presbytery  de- 
clared this  clause  "plainly  unconstitutional."  Synod  referred  the  sub- 
ject to  the  General  Assembly  for  an  expression  of  its  judgment.  It  is 
recommended  that  the  decision  of  the  Presbytery  be  sustained.  Adopted. 
—1897,  p.  131. 

f.  Roll  of  members  is  the  list  of  voters. 

Resolved,  2.  That  the  rolls  of  communicant  members  in  good  standing 
in  the  possession  of  the  clerks  of  Sessions  shall  be  the  authoritative  lists 
of  voters  at  church  meetings. — 1897,  p.  139. 


532  FORM    OF    GOVERNMENT,    CHAP.    XIII. 

g.  Two-thirds  vote  recommended  in  some  cases. 
In  cases  of  trouble  within  the  church  connected  with  the  election  of 
elders,  the  Assembly  has  recommended  (p.  537)  "the  persons  so  elected 
not  to  accept  the  office  unless  they  shall  obtain  the  suffrages  of  at  least 
two-thirds  of  the  electors  participating  in  the  election. — 1834,  p.  453; 
1893,  p.  152. 

14.    All  office-bearers  must  faithfully  accept  the  Standards. 

Overture  from  the  Session  of  the  First  Church  of  Dayton,  O. ,  asking 
whether  persons  who  do  not  accept  the  teaching  of  the  Church  regarding 
infant  baptism  are  eligible  to  the  office  of  ruling  elder  or  deacon.  Your 
Committee  recommend  that  the  Assembly  return  the  following  answer: 
A  faithful  acceptance  of  the  Confession  of  Faith  is  required  of  those  who 
accept  office  in  our  churches ;  and  if  any  cannot  faithfully  accept  this 
Confession  of  Faith,  they  should  decline  office  in  the  Church.  But,  so 
far  as  the  overture  refers  to  a  particular  case,  we  recommend  that  it  be 
returned  to  the  church  and  submitted  to  the  Presbytery.  Adopted. — 
1882,  pp.  98,  99. 

15.    Mode  of  electing  for  a  term  of  years. 

[Note. — See  Form  of  Government,  Chap,  xiii,  Sec.  viii,  p.  541.1 

16.    No  authority  for  election  and  ordination  of  deaconesses. 

Overture  from  the  Presbytery  of  Cairo,  asking: 

1.  Is  the  election  of  female  members  of  the  Church  to  the  office  of 
deaconess  consistent  with  Presbyterian  polity  ? 

2.  If  proper  to  elect  them,  should  they  be  installed;  and  if  installed, 
should  it  be  done  by  the  regular  form  for  the  ordination  of  deacons,  or 
otherwise  ? 

The  Committee  recommends  the  following  answer: 

To  questions  1  and  2:  The  Form  of  Government,  Chap,  xiii,  Sec.  ii, 
declares  that  * '  in  all  cases  the  persons  elected  must  be  male  members. ' ' 
In  all  ages  of  the  Church  godly  women  have  been  appointed  to  aid  the 
officers  of  the  Church  in  their  labors,  especially  for  the  relief  of  the  poor 
and  the  infirm.  They  rendered  important  service  in  the  apostolic 
Church,  but  they  do  not  appear  to  have  occupied  a  separate  office,  to 
have  been  elected  by  the  people,  or  to  have  been  ordained  and  installed. 
There  is  nothing  in  our  Constitution,  in  the  practice  of  our  Church,  or 
in  any  present  emergency  to  justify  the  creation  of  a  new  office.  Adopted. 
—1884,  p.  114. 

[Note. — In  1889  an  overture  was  received  calling  for  the  consideration  of  the  ques- 
tion of  constituting  an  Order  of  Deaconesses  (^rinntes,  p.  77).  A  Committee,  Ministers 
—Benjamin  B.  Warfield,  D.D.,  Samuel  J.  Niccolls,  D.D.,  Henry  C.  McCook,  D.D.  ; 
Elders — Samuel  C.  Perkins,  LL.D.,  Warner  Van  Norden,  was  appointed  to  report  to 
the  next  Assembly  (p.  81).  That  Committee  reported  {Minutes,  1890,  pp.  119-121), 
recommending  an  addition  to  Chap,  vi  and  also  to  Chap,  xiii.  Form  of  Government. 
See  the  report  and  proposed  overtures  as  above  (1890,  pp.  119-121).  Both  amend- 
ments were  rejected  by  the  Presbyteries.  See  report  of  the  Committee  of  Canvass 
(1891,  pp.  135-139).  Overtures  "  On  the  Ministrations  of  Women,"  "On  the  Official 
Employment  of  Godly  Women  "  and  "On  Deaconesses,"  were  referred  to  the  same 
special  Committee  on  Deacons  (1891,  p.  134).  The  Committee  reported  {Minutes,  1892, 
pp.  166-170),  recommending  alternative  overtures:  I.  Amending  Chap,  xiii,  ii,  and 
xiii,  iv.  II.  Amending  Chap,  xiii  by  the  addition  of  a  section  to  be  numbered  ix. 
Both  overtures  failed  of  adoption.  See  report  of  the  Committee  of  Canvass  (1893,  pp. 
200,201).] 

17.    Systematic  training  of  women  workers  commended. 

Resolved,   That  this  General  Assembly  recognizes  the  imperative  need 


OF  ELECTING  AND  ORDAINING  RULING  ELDERS  AND  DEACONS.     533 

for  a  more  systematic  training  of  women  workers,  which  shall  adapt  them 
to  the  opening  spheres  of  work  at  home  and  abroad,  and  earnestly  recom- 
mends to  the  Synods  and  Presbyteries,  the  establishment,  as  opportunity 
offers,  of  institutions  and  training  homes  for  the  instruction  and  training 
of  godly  women,  duly  recommended  by  Sessions  and  Presbyteries  for 
practical  Christian  work. — 1892,  p.  170. 
[Note.— See  Minutes,  1896,  p.  130.] 

III.  When  any  person  shall  have  been  elected  to  either  of  these  offices, 
and  shall  have  declared  his  willingness  to  accept  thereof,  he  shall  be  set 
apart  in  the  following  manner: 

IV.  After  sermon,  the  minister  shall  state,  in  a  concise  manner  the 
warrant  and  nature  of  the  office  of  ruling  elder  or  deacon,  together 
with  the  character  proper  to  be  sustained,  and  the  duties  to  be  fulfilled 
by  the  officer  elect;  having  done  this,  he  shall  propose  to  the  candidate, 
iu  the  presence  of  the  congregation,  the  following  questions,  viz. : 

1.  Do  you  believe  the  Scriptures  of  the  Old  and  New  Testaments  to 
be  the  Word  of  God,  the  only  infallible  rule  of  faith  and  practice  ? 

2.  Do  you  sincerely  receive  and  adopt  the  Confession  of  Faith  of  this 
Church,  as  containing  the  system  of  doctrine  taught  in  the  Holy  Scrip- 
tures ? 

3.  Do  you  approve  of  the  government  and  discipline  of  the  Presbyte- 
rian Church  in  these  United  States  ? 

4.  Do  you  accept  the  office  of  ruling  elder  (or  deacon,  as  the  case  may 
be),  in  this  congregation,  and  promise  faithfully  to  perform  all  the  duties 
thereof  ? 

5.  Do  you  promise  to  study  the  peace,  unity  and  purity  of  the  church  ? 
The  elder  or  deacon  elect  having  answered  these  questions  in  tlie  affirma- 
tive, the  minister  shall  address  to  the  members  of  the  church  the  follow- 
ing question,  viz. : 

"  Do  you,  the  members  of  this  church,  acknowledge  and  receive  this 
brother  as  a  ruling  elder  (or  deacon),  and  do  you  promise  to  yield  him 
all  that  honor,  encouragement  and  obedience  in  the  Lord  to  which  his 
office,  according  to  the  word  of  God,  and  the  constitution  of  this  Church, 
entitles  him  ?' ' 

The  members  of  the  church  having  answered  this  question  in  the 
affirmative,  by  holding  up  their  right  hands,  the  minister  shall  proceed 
to  set  apart  the  candidate,  by  prayer,  to  the  office  of  ruling  elder  (or 
deacon,  as  the  case  may  be),  and  shall  give  to  him, and  to  the  congrega- 
tion, an  exhortation  suited  to  the  occasion. 

V.  Where  there  is  an  existing  session  it  is  proper  that  the  members 
of  that  body,  at  the  close  of  the  service,  and  in  the  face  of  the  congre- 
gation, take  the  newly- ordained  elder  by  the  hand,  saying  in  words  to 
this  purpose, — "We  give  you  the  right  hand  of  fellowship  to  take  part 
of  this  office  with  us. " 


534  FORM    OF   GOVERNMENT,    CHAP.    XIII. 

1.    lilode  of  ordination.    Laying  on  of  hands  approved. 

a.  Our  Form  of  Government,  Chap,  xiii,  Sec.  iv,  declares  that  such, 
whether  elder  or  deacon,  shall  be  set  apart  to  their  respective  offices  by 
prayer.  The  imposition  of  hands,  however,  we  are  aware,  in  many  of 
our  churches  is  practiced;  and  as  it  is  plainly  in  accordance  with  apostolic 
example,  it  is  the  opinion  of  the  Assembly  that  it  is  proper  and  lawful. 
We  conceive  that  every  church  in  this  respect  may  with  propriety  be  left 
to  adopt  either  of  these  two  modes  as  they  think  suitable  and  best. — 
1833,  p.  405. 

lo.  An  overture  from  the  Presbytery  of  South  Alabama  on  the  subject 
of  ordaining  elders  and  deacons  by  the  imposition  of  hands.  The  Com- 
mittee recommended  that  it  be  left  to  the  discretion  of  each  church  Ses- 
sion to  determine  the  mode  of  ordination  in  this  respect,  which  was 
adopted.— 1842,  p.  16,  O.  S. 

C.  The  Session  of  the  Mount  Bethany  Church,  having  been  censured 
by  the  Presbytery  of  Memphis  for  ordaining  deacons  with  the  laying 
on  of  hands,  memorialized  the  Assembly  "  to  determine  whether  in  the 
ordination  of  elders  and  deacons  it  is  unconstitutional  or  otherwise  im- 
proper to  use  the  rite  of  laying  on  of  hands  by  the  existing  eldership." 

Resolved,  That  the  Session  of  Mount  Bethany  Church  be  referred  to 
the  Minutes  of  the  Assembly  of  1842  for  an  answer  to  said  overture. — 
1851,  pp.  12,  35,  172,  and  1852,  p.  227,  O.  S. 

2.   Ordination  essential  to  the  validity  of  the  judicial  acts  of  an  elder. 

The  Committee  on  Church  Polity  reported  two  questions,  with  the 
recommendation  that  they  be  answered  in  the  negative: 

1st.  Is  an  elder-elect  a  member  of  the  Session,  and  competent  to  sit  in 
a  judicial  case  before  he  has  been  ordained  according  to  the  Form  of 
Government  ? 

2nd.  Would  a  decision  in  a  case  of  discipline,  made  by  a  Session  whose 
members  have  never  been  ordained  according  to  the  Form  of  Govern- 
ment, Chap,  xiii,  be  a  valid  and  lawful  decision  and  binding  upon  the 
accused  ? 

The  report  was  adopted.— 1868,  p.  58,  N.   S. 

3.    Irregularity  in  mode  of  election  does  not  invalidate  ordination. 

Your  Committee  are  of  opinion  that  the  mode  of  electing  elders  in  the 
congregation  of  Wheatland  for  a  term  of  years  was  irregular,  and 
ought  in  future  to  be  abandoned,  but  cannot  invalidate  the  ordination  of 
persons  thus  elected  and  ordained  to  the  office  of  ruling  elder. — 1835, 
p.  471. 

INoTE.— See  Mhmtes,  1867,  p.  320,  0.  S.] 

4.  Installation  required  on  resuming  the  office. 
«  When  a  ruling  elder  in  the  Presbyterian  Church,  by  removal  or  other- 
wise, terminates  his  connection  with  the  Session  by  whom  he  was  ordained, 
does  he  require  installation  before  he  can  regularly  exercise  again  the 
office  in  the  same  church  or  in  any  other  one  ?  Answered  in  the  affirma- 
tive.—1849,  p.  265,  O.  S. ;  confirmed,  1878,  p.  71. 

An  overture  from  the  Presbytery  of  Erie,  asking  whether  the  answer 
of  the  General  Assembly  of  1849  in  relation  to  the  installation  of  ruling 
elders  who  have  removed  from  one  church  to  another  has  a  retrospective 
or  only  a  prospective  bearing. 


OF  ELECTING  AND  ORDAINING  RULING  ELDERS  AND  DEACONS.     535 

The  Committee  recommeudecl  the  following  answer  to  the  question : 
That  it  has  a  prospective  bearing. 

The  recommendation  was  adopted. — 1850,  p.  454,  O.  S. 

[Note. — See  under  Sec.  viii,  No.  2,  p.  541.] 

5.    An  elder  who   has   removed   or  resigned,  if  reelected,  must  be 

ag^ain  installed. 

Question:  "  Whether  a  ruling  elder,  who  has  terminated  his  connec- 
tion with  the  Session,  by  removal  to  another  church  or  by  resignation, 
should  be  reinstalled  before  he  can  regularly  exercise  the  duties  of  his 
office  in  the  same  or  another  church  ?" 

The  Committee  recommend  that  the  answer  of  the  O.  S.  Assembly  of 
1849  to  the  same  general  question,  be  reenacted  by  this  Assembly  as  the 
answer  to  this  overture.  This  action  is  found  on  page  534  of  this 
Digest— 1880,  p.  46. 

[Note. — The  above  is  declared  not  to  be  retroactive.  See  under  Sec.  viii,  p.  641 ; 
Minutes,  1880,  p.  84.] 

6.    Mode  of  installation  of  an  elder  already  ordained. 

1.  Resolved,  That  any  elder  regularly  ordained  and  installed  in  one 
church  and  subsequently  elected  to  the  same  office  in  another  church,  and 
who  has  heretofore,  pursuant  to  such  election,  served  as  an  elder  in  such 
church  without  objection,  shall  be  presumed  to  have  been  duly  installed 
therein,  and  his  right  to  act  shall  not  now  be  questioned. 

2.  Resolved,  That  when  an  elder  shall  hereafter  be  elected  to  the  same 
office  in  a  church  other  than  that  in  which  he  has  been  ordained  and 
installed,  the  minister  and  Session  are  hereby  enjoined  formally  to  install 
him. 

3.  Resolved,  That  this  Assembly  hereby  declare  that  the  existing  law 
of  the  Church  as  to  the  mode  of  such  installation  is  as  follows,  viz. : 
After  sermon  the  minister  shall  speak  of  the  office  and  duties  of  ruling 
elders  as  in  case  of  ordinations,  and  shall  then  propose  to  the  elder-elect 
in  the  presence  of  the  congregation  the  following  questions:  Do  you  sin- 
cerely receive  and  adopt  the  Confession  of  Faith  of  this  Church  as 
containing  the  system  of  doctrine  taught  in  the  Holy  Scriptures  ?  Do 
you  accept  the  office  of  ruling  elder  in  this  congregation,  and  promise 
faithfully  to  perform  all  the  duties  thereof  ?  Do  you  promise  to  study 
the  peace  and  unity  and  purity  of  the  Church  ?  The  elder-elect  having 
answered  these  questions  in  the  affirmative,  the  minister  shall  ask  the 
members  of  the  church  whether  they  accept  him,  as  in  cases  of  ordina- 
tion. The  members  of  the  church  having  answered  in  the  affirma- 
tive by  holding  up  their  right  hands,  the  minister  shall  declare  him 
an  elder  of  that  church,  and  accompany  this  act  by  exhortation  and 
such  other  proceedings  as  he  may  deem  suitable  and  expedient. — 1856, 
p.  539,  O.  S. 

VI.  The  offices  of  ruling  elder  and  deacon  are  both  perpetual,  and 
cannot  be  laid  aside  at  pleasure.  ISTo  person  can  be  divested  of  either 
office  but  by  deposition.  Yet  an  elder  or  deacon  may  become,  by  age  or 
infirmity,  incapable  of  performing  the  duties  of  his  office;  or  he  may, 
though  chai'geable  with  neither  heresy  nor  immorality,  become  unaccept- 
able, in  his  official  character,  to  a  majority  of  the  congregation  to  which 


536  FORM   OF   GOVERNMENT,    CHAP.    XIII. 

he  belongs.     In  either  of  these  cases,   he  may,  as  often  happens  with 
respect  to  a  minister,  cease  to  be  an  acting  elder  or  deacon. 
[Note. — See  Form  of  Government,  Chap,  iii,  Sec.  ii,  p.  143.] 

1.    Perpetuity  of  the  office  affirmed. 

a.  The  Committee  to  whom  was  referred  Overture  No.  1,  a  communi- 
cation from  the  Session  of  Wheatland  congregation  in  reference  to  the 
a{)pointment  of  Freeman  Edson  as  a  commissioner  to  this  Assembly,  beg 
leave  to  present  the  following  report: 

Agreeably  to  the  Constitution  of  our  CJhurch,  the  office  of  ruling  elder 
is  perpetual  (see  Form  of  Government,  Chap,  xiii.  Sec.  vi),  and  cannot 
be  laid  aside  by  the  will  of  the  individual  called  to  that  office,  nor  can 
any  congregation  form  rules  which  would  make  it  lawful  for  any  one  to 
lay  it  aside.  Your  Committee  are  of  opinion  that  the  mode  of  electing 
elders  in  the  congregation  of  Wheatland  for  a  term  of  years  was  irregu- 
lar and  ought  in  future  to  be  abandoned,  but  cannot  invalidate  the 
ordination  of  persons  thus  elected  and  ordained  to  the  office  of  ruling 
elder.  And  whereas,  it  appears  that  Mr.  "Freeman  Edson  was  once 
elected  to  the  office  of  ruling  elder  in  the  church  of  Wheatland,  and  was 
regularly  set  apart  to  that  office;  whereas,  there  seems  to  be  some  mate- 
rial diversity  of  views  between  the  Presbytery  of  Rochester  and  the 
church  Session  to  which  Mr.  Edson  once  belonged  as  to  the  manner  in 
which,  and  the  principle  on  which,  he  ceased  to  be  an  acting  elder  in  the 
said  church,  into  which  the  Assembly  have  no  opportunity  at  present  of 
regularly  examining;  and  whereas,  the  Presbytery,  with  a  distinct 
knowledge,  as  is  alleged,  of  all  the  circumstances  attending  this  case, 
gave  Mr.  Edson  a  regular  commission  as  a  ruling  elder  to  this  General 
Assembly ;  therefore. 

Resolved,  That  he  retain  his  seat  as  a  member  of  this  Assembly. — 

1835,  p.  471. 

b.     Length  of  service  left  to  the  decision  of  the  church. 

In  defining  its  own  action,  the  Assembly  is  not  to  be  understood  as 
deciding  that  in  any  case  the  actual  service  of  the  eldership  should  be 
either  permanent  or  limited ;  but  while  the  ofiBce  is  j^erpetual,  the  time 
of  its  exercise  in  each  individual  congregation  may  be  left  to  the  decision 
of  the  church  itself,  according  to  the  mode  approved  and  in  use  in  such 
church.— 1872,  p.  75. 

2.    Restoration  to  church  privileges  does  not  restore  to  the  eldership. 

When  an  elder  has  been  suspended  from  church  privileges  and  again 
restored  to  the  privileges  of  the  church,  is  he  also  restored  to  his  office 
as  a  ruling  elder  ? 

The  two  things  are  distinct;  and  since  an  elder  as  well  as  a  minister 
may  be  suspended  from  his  office  and  not  from  the  communion  of  the 
church,  so  there  may  be  reasons  for  continuing  his  suspension  from  his 
office  after  he  is  restored  to  the  privileges  of  the  church.  He  cannot  be 
restored  to  the  functions  of  his  office  without  a  special  and  express  act  of 
the  Session  for  that   purpose,    with  the  acquiescence  of  the  church. — 

1836,  p.  263. 


OF  ELECTING  AND  ORDAINING  RULING  ELDERS  AND  DEACONS.     537 

3.    An  elder  without  charge  can  sit  in  no  church  court. 
Resolved,  That  no  ruling  elder  who  has  retired  from  the  active  exercise 
of  his  office  in  the  church   to  which   he   belongs  can  be   admitted  as  a 
member  of  a  Presbytery,  Synod  or  General  Assembly. — 1835,  p.  489. 

[Note. — See  below,  under  Sec.  viii,  for  the  case  of  those  elders  who  are  not  reelected 
under  the  provision  for  term  service.] 

VII.  Whenever  a  ruling  elder  or  deacon,  from  either  of  these  causes,or 
from  any  other,  not  inferring  crime,  shall  be  incapable  of  serving  the 
Church  to  edification,  the  session  shall  take  oi'der  on  the  subject,  and 
state  the  fact,  together  with  the  reasons  of  it,  on  their  records ;  Provided 
always,  that  nothing  of  this  kind  shall  be  done  without  the  concurrence 
of  the  individual  in  question,  unless  by  the  advice  of  Presbytery. 

1.  Elders   who   cannot   acquiesce    in  the   decisions  of   the   superior 

courts  of  the  Church  should  resign. 

A  petition  from  the  members  of  the  Session  of  the  Third  Presbyterian 
Church  in  this  city,  asking  advice  of  this  Synod  with  respect  to  the 
execution  of  their  office  in  consequence  of  the  judgment  of  the  Synod 
respecting  that  church.  After  it  was  duly  considered,  they  returned  the 
following  answer,  viz. :  The  Synod  advise  them  to  continue  to  act  as 
elders,  but  in  case  they  cannot,  consistently  with  what  they  apprehend 
to  be  their  duty,  continue  as  such  and  act  upon  the  decisions  of  Synod, 
that  they  may  resign  their  office,  and  the  congregation  proceed  to  choose 
other  elders  who  may  have  freedom  to  act  according  to  the  determina- 
tions of  the  Synod.— 1772,  p.  435. 

2.  Ruling  elders  may  cease  to  act  in  order  to  promote  the  peace 

of  the  church. 

a.  The  Assembly  earnestly  recommend  to  the  whole  Session,  including 
the  majority  and  the  minority,  in  view  of  the  state  of  the  Fifth  Church, 
to  take  the  constitutional  steps  and  cease  from  acting  as  ruling  elders  in 
that  congregation,  and  that  the  entire  church  take  immediate  measures 
to  elect  a  new  bench  of  elders,  with  a  view  to  promote  the  peace  of  the 
church  and  secure  the  permanent  settlement  of  the  Gospel  ministry  among 
them.  And  further,  that  it  be  recommended  to  the  persons  so  elected 
not  to  accept  the  ofiice  unless  they  shall  obtain  the  suffrages  of  at  least 
two-thirds  of  the  electors  participating  in  the  election. — 1834,  p.  453. 

b.  Resolved,  That  this  Assembly  requests  the  Presbytery  of  Red- 
stone to  consider  the  expediency  of  recommending  to  said  elders,  in  view 
of  the  dissension  which  the  Assembly  has  been  led  to  believe  exists  in 
said  congregation,  growing  out  of  said  action  of  the  Presbytery,  that 
said  elders  shall  take  the  constitutional  steps  and  cease  from  acting  as 
ruling  elders  in  that  congregation,  and  that  the  entire  church  take 
immediate  measures  to  elect  two  elders  in  place  of  said  retiring  elders, 
with  a  view  to  promote  the  peace  of  the  Church ;  and  of  further  recom- 
mending to  the  persons  so  elected  not  to  accept  the  office  unless  they  shall 
obtain  the  suffrages  of  at  least  two -thirds  of  the  electors  participating  in 
the  election.— 1893,  p.  151. 

[Note. — For  complaint  of  the  Presbytery  of  Redstone  vs.  the  Synod  of  Pennsyl- 
vania, see  Sec.  7,  p.  538.] 


538  FORM    OF   GOVERNMENT,    CHAP.    XIII. 

3.  The  superior  court  directs  an  elder  to  cease  to  act. 
With  the  consent  of  parties,  the  complaint  (of  Mr,  William  B.  Guild 
against  the  Synod  of  New  Jersey)  is  sustained  pro  forma;  but  under 
existing  circumstances  in  the  congregation  Mr.  Guild  shall  cease  to  act 
as  a  ruling  elder  in  the  Third  Church  at  Newark,  N.  J. — 1863,  p,  35, 
O.  S. 

[Note. — The  complaint  was  that  the  Synod  had  by  a  Committee  visited  the  Third 
Church  to  see  if  any  member  of  the  Session  was  unacceptable  to  the  people.] 

4.  The  Presbytery,  without  the  request  of  the  Session  or  of  members 

of  the  church,  may  declare  that  an  elder  shall  cease  to  act. 

Overture  from  the  Session  of  the  Presbyterian  Church  at  Ironton, 
Mo.,  in  reference  to  the  power  of  the  Presbytery  to  declare  that  a  mem- 
ber of  the  Session  shall  cease  to  be  an  acting  elder  without  any  request 
from  the  Session  or  any  members  of  the  church. 

The  Committee  would  recommend  the  following  answer  (see  Form  of 
Government,  Chap,  x.  Sec.  viii) :  Presbytery  has  power  to  visit  particu- 
lar churches  for  the  purpose  of  inquiring  into  their  state,  and  redressing 
the  evils  that  may  have  arisen  in  them,  and  to  order  whatever  pertains 
to  their  spiritual  welfare,  without  being  requested  by  the  Session. 

The  report  was  adopted. — 1869,  p.  924,  O.  S. 

5.  If  a  member  of  Session  be  unacceptable,  and  the  matter  cannot 
be  arranged  by  consent,  the  proper  step  is  to  memorialize  Presby- 
tery. 

Overture  from  two  members  of  the  General  Assembly,  with  the 
inquiry:  "  Has  a  church  Session  the  right  to  submit  to  their  church 
members  the  acceptableuess  or  non-acceptableness  of  the  acting  Board  of 
ruling  elders,  or  any  portion  of  the  Board,  and  to  ask  the  church  to 
settle  the  question  by  a  vote  of  the  members  ?" 

In  case  of  unacceptableness  on  the  part  of  any  member  of  a  church 
Session,  and  the  matter  cannot  be  amicably  arranged  by  consent  of 
parties,  the  proper  method  of  redress  is  by  memorializing  the  Presbytery 
to  give  such  direction  as  in  its  judgment  the  necessities  of  the  case  may 
require,  under  the  provisions  of  the  Form  of  Government,  Chap.  xiii. 
—1867,  p.  369,  O.  S. 

The  report  was  adopted. 

6.  Resignation  of  an  elder  or  deacon  to  be  tendered  to  the  Session, 

and  to  take  effect  when  accepted. 

Overture  from  the  Presbytery  of  Troy,  asking,  "  To  whom  shall  a 
ruling  elder  or  a  deacon  oifer  his  resignation  when  desiring  to  retire  from 
active  service,  and  what  constitutional  steps  are  necessary  to  complete 
the  act?" 

The  Committee  recommend  the  following  answer:  The  resignation 
should  be  to  the  Session;  and  it  will  take  effect  when  accepted. 
Adopted.— 1883,  p.  626. 

7.  The  removal  of  suspension  restores  all  rights  and  privileges  to  an 

elder. 

The  Judicial    Committee   presented  a  report  on   a  complaint  of  the 
Presbytery  of  Redstone  against  the  exception  of  the  Synod  of  Pennsyl- 
vania to  the  records  of  said  Presbytery  in  the  cases  of  J.  M.  Crawford 
and  A.  D.  Boughner,  elders. 


OF  ELECTIKG  AND  ORDAINING  RULING  ELDERS  AND  DEACONS.      539 

The  report  was  adopted,  and  is  as  follows: 

The  Judicial  Committee  has  had  referred  to  it  a  complaint  of  certain 
members  of  the  Synod  of  Pennsylvania  against  the  action  of  the  Synod 
in  taking  exceptions  to  the  minutes  of  the  Presbytery  of  Redstone  while 
in  session  in  Washington,  Pa.,  October  20-24,  1892.  From  an  examina- 
tion of  said  complaint,  and  of  a  certified  copy  of  the  minutes  of  Pres- 
bytery showing  the  action  of  the  Presbytery  to  which  the'  Synod  took 
exceptions,  the  following  facts  appear: 

On  the  13th  day  of  March,  1891,  after  a  judicial  trial  by  the  Presby- 
tery of  Redstone,  J.  M.  Crawford  and  A.  D.  Boughner,  ruling  elders  in 
the  congregation  of  Greensborough,  were  "  suspended  from  office  only." 
On  the  10th  day  of  November  following,  while  in  session  at  West  New- 
ton, the  Presbytery,  after  due  consideration  of  the  matter,  removed  the 
suspension,  and  restored  them  "  to  their  office  only."  Afterwards,  at 
the  same  meeting  of  Presbytery,  an  additional  resolution  was  adopted, 
restoring  said  elders  to  the  active  discharge  of  their  duties  as  ruling 
elders  in  said  congregation  at  Greensborough.  To  this  action  of  the 
Presbytery  the  Synod  took  exception  in  the  following  language: 

"  The  Presbyteiy,  having  suspended  these  elders  '  from  office  only,' 
had  the  power  in  due  time  and  in  due  form  to  restore  them  to  office.  But 
it  was  for  the  communicants  of  the  congregation  to  say  whether  they  should 
be  reinstated  in  the  full  exercise  of  the  office  in  that  particular  church." 

Your  Committee,  having  considered  the  record  of  said  case,  and  the 
papers  submitted  to  it,  and  having  also  examined  the  Book  of  Discipline 
and  the  decisions  of  the  General  Assembly,  are  of  the  opinion : 

1.  That  the  judgment  of  the  Presbytery  suspending  said  elders  from 
office  only,  and  not  from  the  privileges  of  the  Church,  did  not  in  any 
sense  terminate  finally  the  relation  of  said  elders  to  said  congregation. 

2.  That  the  removal  of  said  suspension  restored  said  elders  to  all  of 
their  rights  and  privileges  (which  had  been  temporarily  suspended  only), 
including  the  right  to  exercise  the  functions  of  active  ruling  elders  in 
said  congregation  of  Greensborough;  and  that,  therefore,  the  second 
resolution  of  the  Presbytery  was  mere  surplusage,  and  cannot  be  com- 
plained of  except  upon  that  ground. 

Your  Committee,  therefore,  recommends  the  adojDtion  of  the  following 
resolution : 

Resolved,  That  said  complaint  be  remanded  to  the  Synod  of  Penn- 
sylvania, with  instructions  to  record  in  its  minutes  a  copy  of  tliis  report. 
Adopted.— 1893,  p.  151. 

8.    When  an  elder  resigns,  the  Presbytery  is  not  competent  to 
order  his  restoration. 

Dr.  S.  F.  Day,  declining  to  have  his  children  baptized,  his  wife  being 
a  Baptist,  the  Session  of  Wooster  Church,  in  which  he  was  an  elder,  was 
advised  by  the  Presbytery  that  in  such  a  case  (proposed  in  thesi)  the 
elder  should  be  removed  from  office.  Hereupon  Dr.  Day  gave  notice 
to  the  Session  that  he  resigned  the  eldership.  At  a  subsequent  meeting 
of  Presbytery,  upon  a  memorial  from  Dr.  Day,  the  Presbytery  reconsid- 
ered its  action,  and  ordered  the  Session  to  restore  him.  Upon  appeal  the 
Synod  sustained  the  Presbytery.  A  complaint  was  taken  up  by  the 
pastor,  the  Rev.  James  H.  Baird,  and  by  the  Session.  The  following 
was  the  decision: 

Whereas,  It  appears  from  the  record  that  Dr.  Day  was  removed  from 


540  FORM    OF    GOVERNMENT,    CHAP.    XIII. 

the  Session  of  the  Church  of  Wooster  by  his  own  resignation  of  his 
office  in  that  church,  and  not  by  the  judicial  action  of  the  Session,  it 
was  not  competent  to  the  Presbytery  to  order  his  restoration  to  office  by 
the  Session;  and  therefore  the  judgment  of  the  Synod  of  Ohio  confirm- 
ing such  action  of  the  Presbytery  was  erroneous  and  ought  to  be  and  is 
hereby  reversed,  and  the  complaint  of  the  Session,  so  far  as  it  relates  to 
this  point,  is  sustained. — 1854,  p.  33,  0.  S. 

[Note. — See  above.  Chap,  ix,  Sec.  ii,  p.  160,  for  a  case  where  an  elder  refuses  to  act, 
and  has  left  the  church.— 1869,  p.  912,  O.  S.] 

9.    The  official  relations  of  an  elder  to  his  church  terminate  with 

his  dismission. 

The  Presbytery  of  Iowa  City  desire  the  Assembly  "  to  determine  when 
the  rights  and  privileges  of  ruling  elders  and  private  members  cease,  on 
their  receiving  letters  of  dismission;  and  whether  the  same  rule  obtains 
as  in  the  dismission  of  ministers  from  a  Presbytery." 

The  Assembly  reply: 

The  established  rule  of  the  Presbyterian  Church  in  relation  to  the 
dismission  of  a  minister  from  his  Pre.sbytery  is  "  that  in  all  ordinary 
cases  all  the  rights  and  privileges  of  an  individual  in  a  Presbytery  cease 
when  at  his  request  his  dismission  is  granted." 

He  may,  however,  within  any  reasonable  time  before  he  has  used  his 
letter  of  dismission,  return  it  to  the  Presbytery,  and  then  claim  all  his 
former  rights  and  privileges;  but  until  he  has  used  his  letter  he  is  amen- 
able to  the  Presbyter}^  which  has  dismis.sed  him. 

Your  Committee  have  not  been  able  to  find  any  specific  rule  in  our 
Form  .of  Government  or  in  the  Digest  in  relation  to  the  dismission  of 
ruling  elders  or  of  private  members  from  any  particular  church,  indicat- 
ing the  precise  time  when  their  rights  and  privileges  in  that  church  from 
which,  at  their  own  request,  they  may  be  dismissed  cease ;  but  we  have 
no  hesitation  in  declaring  our  belief  that  the  same  guardian  care  which 
is  extended  over  dismissed  members  is,  by  the  very  genius  and  intent  of 
our  excellent  Form  of  Government,  designed  also  for  the  protection  of 
regularly  dismissed  elders  and  private  members,  as  well  as  for  the  pre- 
servation of  the  peace  and  purity  of  the  Church. 

We  therefore  respectfully  recommend  to  this  Assembly  the  adoption  of 
the  following  resolutions:  That, 

1 .  The  dismission  of  a  ruling  elder  by  letter  from  a  church  terminates 
his  official  relations  with  that  church. 

2.  A  letter  of  dismission,  whether  issued  to  a  ruling  elder  or  private 
member,  terminates  the  relations  of  the  person  dismissed  \vith  the  church 
giving  the  letter,  except  so  far  as  said  church  is  responsible  for  its  watch 
and  care  over  him  during  the  period  of  transition. 

8.  These  rights  and  privileges  can  be  regained  in  that  church  by 
returning  the  letters  of  dismission  to  the  authority  which  gave  them. 

4.  These  rights  and  privileges  can  be  secured  in  any  other  church 
within  the  jurisdiction  of  this  General  Assembly,  by  virtue  of  "such 
certificates,  provided  they  are  presented  to  the  Session  thereof  within  one 
year  from  their  date ;  and  until  they  are  presented  such  persons  are 
amenable  to  the  church  from  which  the  certificates  were  received. — 1867, 
p.  512,  N.  S. 

INoTE.— The  "rights  and  privileges"  referred  to  in  No.  4  are  those  of  member- 
ship only.    See  Book  of  Discipline,  Chap,  xi.  Sec.  109,  "Should  he  return  the  certifi- 


OF  ELECTING  AND  ORDAINING  RULING  ELDERS  AND  DEACONS.      541 

cate  within  a  year  from  its  date,  the  Session  shall  make  record  of  the  fact,  but  he 
shall  not  thereby  be  restored  to  the  exercise  of  the  functions  of  any  office  previously 
held  by  him  in  that  church.'^'    See,  also,  Form  of  Gov.,  Chap,  xxii,  in  this  Digest.} 

VIII.  If  any  particular  church,  by  a  vote  of  members  in  full  com- 
munion, shall  prefer  to  elect  ruling  elders  or  deacons  for  a  limited  time 
in  the  exercise  of  their  functions,  this  may  be  done ;  provided,  the  full 
time  be  not  less  than  three  years  and  the  Session  or  the  Board  of  Dea- 
cons be  made  to  consist  of  three  classes,  one  of  which  only  shall  be 
elected  each  year ;  and  provided,  that  elders,  once  ordained,  shall  not  be 
divested  of  the  office  when  they  are  not  reelected,  but  shall  be  entitled 
to  represent  that  particular  church  in  the  higher  judicatories  when 
appointed  by  the  Session  or  the  Presbytery. — 1886,  p.  108. 

[Note. — Sec.  viii  as  adopted  in  1875,  Minutes,  p.  521,  had  reference  to  elders  only. 
In  1885  (Minutes,  p.  689),  request  was  made  by  tlie  Presbyteries  of  Washington  City, 
Cleveland  and  Denver  asking  for  term  service  for  deacons.  The  section  was  there- 
fore amended  [Minutes,  1886,  p.  108)  to  read  as  above.! 

1.    Elders  not  reelected  on  the  adoption  of  term  service  cease  to  be 
acting  elders  in  that  particular  church. 

Overture  from  the  Presbyteries  of  Wooster  and  Blairsville,  As  to  the 
position  of  existing  Sessions  in  churches  which  adopt  the  system  of  elec- 
tion of  elders  for  a  limited  time,  as  provided  for  in  Section  viii,  of  Chap, 
xiii.  Form  of  Government,  your  Committee  recommend  this  answer:  A 
constitutional  rule  must  have  power  to  effect  whatever  is  necessary  for 
its  practical  operation.  So  soon,  therefore,  as  any  particular  church, 
under  this  new  provision  of  the  Constitution,  shall  determine,  by  a  vote 
of  its  members,  in  full  communion,  to  elect  ruling  elders  for  a  limited 
time,  and  they  shall  be  elected  and  set  apart  to  their  office,  elders  in 
office  by  virtue  of  an  earlier  appointment  cease  to  be  acting  elders  in 
that  particular  church — otherwise  the  Session  would  not  consist  of  three 
classes,  as  in  such  cases  required.     Adopted. — 1876,  p.  74. 

2.    When  reelected,  should  be  reinstalled. 

a.  From  the  Broadway  Presbyterian  Church  of  Rock  Island,  inquir- 
ing whether  rotary  elders,  where  reelected,  should  be  reinstalled. 

Answered  in  the  affirmative. — 1878,  p.  71. 

b.  A  petition  asking:  Is  the  reinstallation  of  elders  reelected  on 
expiration  of  their  term  of  service,  essential  to  the  continued  exercise  of 
their  office  in  that  church,  so  that,  unless  reinstalled,  they  cease  to  be 
members  of  the  Session  ? 

The  Committee  recommend  that  your  petitioner  be  referred  to  the 
action  of  the  Assembly  of  1878,  Minutes,  p.  71  (see  a  above). 
Adopted.— 1880,  p.  47. 

3.    The  above  not  retroactive,  and  does  not  invalidate  the  action 

of  the  Session. 
The  following  resolution,  relative  to  the  reinstallation  of  elders,  was 
adopted : 

Resolved,  That  the  action  of  this  Assembly  on  Overtures  Nos.  11  and 
18,  reported  on  by  the  Committee  on  the  Polity  of  the  Church,  in  refer- 
ence to  the  reinstallation  of  elders,  is  not  intended  to  be  retroactive,  or 
in  any  way  to  affect  the  validity  of  the  action  of  Sessions  in  which  elders, 


542  FORM  OF  GOVERNMENT,  CHAP,  XIV. 

regularly  elected  but  not  reinstalled,  may  have  sat  as  members. — 1880, 

p.  84. 

[Note. — For  action  on  Overtures  11  and  18,  see  this  Digest,  p.  534.  In  both  cases 
it  is  affirmed  that  an  elder  who  has  removed  or  resigned,  or  whose  term  of  service  has 
expired,  must  on  reelection  be  reinstalled.] 

4.    Reinstallation  of  a  reelected  elder  not   essential   to  the  validity 
of  his  office,  but  is  more  orderly. 

a.  Overture  from  the  Presbytery  of  Rochester,  asking  the  Assembly 
to  allow  congregations  to  reinstall  reelected  ruling  elders  or  not,  accord- 
ing to  their  usage  and  discretion. 

The  Committee,  referring  to  the  action  of  the  last  Assembly,  on  the  same 
subject  {Minutes,  1880,  pp.  47,  84),  recommend  the  following  answer: 
While  it  is  not  essential  to  the  validity  of  his  office  that  a  ruling  elder, 
reelected  in  a  church  where  the  limited  term  service  prevails,  be  rein- 
stalled, it  is  nevertheless  more  orderly,  that  the  fact  of  his  reelection  be 
recognized  by  his  reinstallation  or  in  some  way  equivalent  thereto. 
Adopted.— 1881,  p.  591. 

b.  Overture  from  the  Central  Church  of  Southeast,  Presbytery  of 
Westchester,  asking  for  an  interpretation  of  the  instructions  of  the  last 
Assembly  regai'ding  the  reinstallation  of  reelected  elders.  Your  Com- 
mittee recommend  the  following  answer  to  be  given  by  the  Assembly:  It 
was  the  evident  intention  of  the  last  Assembly  to  recommend  the  rein- 
stallation of  elders  when  reelected;  and,  to  make  its  intention  more 
definite,  the  Assembly  hereby  strikes  out  of  the  previous  action  the 
phrase,  "  or  in  some  way  equivalent  thereto,"  and  adopts  it  as  its  answer 
to  their  overture.     Adopted. — 1882,  p.  98. 

5.    One  or  two  elders  may  be  elected  under  Sec.  viii. 

Overture  from  the  Presbytery  of  Southern  Dakota,  concerning  the 
construction  to  be  placed  upon  Chap,  xiii.  Sec.  viii,  of  the  Form  of 
Government,  relating  to  the  election  of  elders  for  a  'limited  term: 
whether,  in  Home  Missionary  churches,  one  or  two  elders  can  be  elected 
for  a  limited  term. 

The  Committee  recommend  the  following  answer:  AVhen  from  necessity 
there  can  be  but  one  elder,  for  the  time  being,  he  may  be  elected  for 
three  years,  as  provided  in  Chap,  xiii,  Sec.  viii,  and  reelected  at  the  end 
of  that  term ;  and  the  division  into  classes  as  provided  in  that  section 
should  take  place  as  the  Session  can  be  increased  in  number.  Adopted. 
—1883,  p.  626. 

6.    In  introducing"  term  service,  one  or  more  classes  may  be 
elected  for  less  than  three  years. 

In  the  first  organization  of  Home  Missionary  churches,  when  from 
necessity  there  can  be  but  two  elders,  how  may  the  provisions  of  Form 
of  Government,  Chap,  xiii.  Sec.  viii,  be  reconciled  with  the  decision  of 
the  Assembly  of  1884  {Digest,  1886,  p.  548,  8)  that  "  the  provision  of 
this  section  cannot  be  carried  out  should  the  elder  be  elected  for  a  longer 
or  shorter  term  than  three  years. ' ' 

Also  a  paper  from  certain  members  of  the  Presbytery  of  Chicago, 
asking  substantially  the  same  question. 

Your  Committee  would  reply  by  referring  to  the  principle  laid  down 
by  the  Assembly  of  1876,  p.  74  {Digest,  1886,  p.  547,  2),  viz.:  "A 
constitutional  rule  must  have  power  to  effect  whatever  is  necessary  for 


OF    LICENSING   CANDIDATES.  543 

its  practical  operation."  In  the  judgment  of  your  Committee,  if,  in 
introducing  the  system  of  term  service,  it  is  found  necessary  to  elect 
one  or  more  classes  for  less  than  three  yeai-s,  so  as  ultimately  to  make 
the  classes  three,  and  the  term  of  service  three  years,  it  is  lawful  to  do 
so,  in  accordance  with  the  principle  stated  above.  Adopted. — 1891,  p. 
106. 

7.    The  term  must  be  three  years  and  the  classes  three. 

Overture  from  the  Presbytery  of  Erie,  asking  the  following  questions: 

1.  Is  a  Presbytery  right  in  confirming  the  action  of  congregations 
which  elect  ruling  elders  for  terms  of  four  and  five  years  ? 

2.  Must  the  term  of  service  of  elders  be  only  three  years  ? 

The  Committee  recommends  the  folloAving  answer:  The  Form  of  Gov- 
ernment, Chap,  xiii,  Sec.  viii,  provides  that  ruling  elders  may  be  elected 
for  ' '  a  limited  time  in  the  exercise  of  their  functions  ....  provided 
the  full  term  be  not  less  than  three  years  and  the  Session  be  made  to 
consist  of  three  classes,  one  of  which  only  shall  be  elected  every  year. ' ' 
The  provisions  of  this  section  cannot  be  carried  out  should  the  elders  be 
elected  for  a  longer  or  shorter  term  than  three  years.  Adopted. — 1884, 
p.  114. 

[Note— See  No.  6,  above;  Minutes,  1891,  p.  106.] 

8.    Elders  not  reelected  under  this  section  may  be  delegated  to 
the  superior  judicatories. 

Overture  from  the  Presbytery  of  Newton,  with  regard  to  the  interpre- 
tation of  the  constitutional  rule,  Chap,  xiii.  Sec.  viii.  In  the  judgment 
of  this  Committee,  this  rule  contemplates  that  the  elders  referred  to,  by 
due  appointment  of  the  Session  or  Presbytery,  may  become  members  of 
any  of  the  courts  of  the  Church  above  the  Session.  Adopted. — 1876, 
p.  74. 


CHAPTER  XIV. 


OF   LICENSING    CANDIDATES    OR    PROBATIONERS    TO 
PREACH  THE  GOSPEL. 

I.  The  Holy  Scriptures  require  that  some  trial  be  previously  had  of 
them  who  are  to  be  ordained  to  the  ministry  of  the  Gospel,  that  this 
sacred  oflBce  may  not  be  degraded  by  being  committed  to  weak  or  unwor- 
thy men ;  and  that  the  churches  may  have  an  opportunity  to  form  a 
better  judgment  respecting  the  talents  of  those  by  whom  they  are  to  be 
instructed  and  governed.  For  this  purpose  Presbyteries  shall  license 
probationers  to  preach  the  Gospel,  that  after  a  competent  trial  of  their 
talents,  and  receiving  from  the  churches  a  good  report,  they  may  in  due 
time  ordain  them  to  the  sacred  office. 

1.    Preaching  without  licensure  condemned  as  irregular. 

a.  Upon  information  that  David  Evan,  a  lay  person,  had  taken  upon 
him  publicly  to  teach  or  preach  among  the  Welsh  in  the  Great  Valley, 
Chester  county,  it  was  unanimously  agreed  that  the  said  Evan  had  done 


544  FORM    OF   GOVERNMENT,    CHAP.   XIV. 

very  ill  and  acted  irregularly  in  thus  invading  the  work  of  the  ministry, 
and  was  thereupon  censured. 

Agreed  that  the  most  proper  method  for  advancing  David  Evan  in 
necessary  literature  to  prepare  him  for  the  work  of  the  ministry  is  that 
he  lay  aside  all  other  business  for  a  twelvemonth,  and  apply  himself 
closely  to  learning  and  study  under  the  direction  of  Mr.  Andrews,  and 
with  the  assistance  of  Mr.  Wilson  and  Anderson,  and  that  it  be  left  to 
the  discretion  of  the  said  ministers  when  to  put  said  Evan  on  trials,  and 
license  him  publicly  to  teach  or  preach. — 1710,  p.  17. 

b.  The  Assembly  disapproves  the  conduct  of  Mr.  McCalla  in  preach- 
ing the  Gospel  before  he  was  regularly  licensed. — 1821,  p.  21, 

2.    On  the  licensing  and  ordaining  of  women  to  preach  the  Gospel. 

a.  Overture  No.  39,  from  the  Presbytery  of  Brooklyn,  requesting  the 
Assembly  to  adopt  and  transmit  to  the  Presbyteries  for  their  approval 
such  rules  as  shall  forbid  the  licensing  and  ordaining  of  women  to  the 
Gospel  ministry,  and  the  teaching  and  preaching  of  women  in  our  pulpits, 
or  in  the  public  and  promiscuous  meetings  of  the  Church  of  Christ. 

The  Committee  recommend  this  answer:  That  there  is  no  necessity  for 
a  change  in  the  Constitution  of  the  Church  touching  this  question;  and 
the  memorialists  are  referred  to  the  deliverance  of  the  Assembly  of  1832, 
which  expresses  the  judgment  of  this  Assemblv.  Adopted. — 1872, 
p.  89. 

b.  The  deliverance  referred  to  is  as  follows,  viz.: 

Meetings  of  pious  women  by  themselves  for  conversation  and  prayer, 
whenever  they  can  conveniently  be  held,  we  entirely  approve.  But  let 
not  the  inspired  prohibitions  of  the  great  apostle  of  the  Gentiles,  as  found 
in  his  Epistles  to  the  Corinthians  and  to  Timothy,  be  violated.  To 
teach  and  exhort  or  to  lead  in  prayer,  in  public  and  promiscuous  assem- 
blies, is  clearly  forbidden  to  women  in  the  holy  oracles. — Pastoral 
Letter,  1832,  p.  378. 

3.    Women  may  not  fulfill  the  offices  of  public  preachers. 

a.  "In  sustaining  the  Presbytery  of  Newark  as  against  the  appeal  of 
the  Rev.  I,  M.  See,  the  Synod  holds  that  the  passages  of  Scripture 
referred  to  in  the  action  of  Presbytery  do  prohibit  the  fulfilling  by  women 
of  the  offices  of  public  preachers  in  the  regular  assemblies  of  the  Church. ' ' 
The  Assembly  reaffirm  the  language  above  quoted  from  the  decision  of 
the  Synod  as  expressing  their  own  opinion. — 1878,  pp.  102,  103. 

b.     The  above  reaffirmed. 

The  Presbytery  of  Baltimore  asks  this  Assembly  for  such  an  expression 
as  will  indicate  clearly  what  should  govern  Presbyterian  churches  con- 
cerning the  occupation  of  our  pulpits  by  women. 

In  reply  your  Committee  would  call  attention  to  the  judicial  deliverance 
of  the  General  Assembly  of  1878,  sustaining  the  Presbytery  of  Newark 
in  holding,  "  That  ....  passages  of  Scripture  prohibit  the  fulfilling 
by  women  of  the  offices  of  public  preachers  in  the  regular  assemblies  of 
the  churches"  {Digest  oi  1886,  p.  549). 

We  recommend  the  reaffirmation  of  the  above  deliverance  of  the  Gen- 
eral Assembly  as  in  perfect  harmony  with  the  Constitution  of  our  Church. 
Adopted.— 1896,  p.  148. 


OF   LICENSING    CANDIDATES.  545 

4.    The  Board  of  Education. 

[Note.— For  Plan  and  Charter  of  the  Board  of  Education,  see  pp.  352-356.] 

II.  Every  candidate  for  licensure  shall  be  taken  on  trials  by  that 
Presbytery  to  which  he  most  naturally  belongs;  and  he  shall  be  con- 
sidered as  most  naturally  belonging  to  that  Presbytery  within  the  bounds 
of  which  he  has  ordinarily  resided.  But  in  case  any  candidate  should 
find  it  more  convenient  to  put  himself  under  the  care  of  a  Presbytery  at 
a  distance  from  that  to  which  he  most  naturally  belongs,  he  may  be 
received  by  the  said  Presbytery  on  his  producing  testimonials,  either 
from  the  Presbytery  within  the  bounds  of  which  he  has  commonly 
resided,  or  from  any  two  ministers  of  that  Presbytery  in  good  standing, 
of  his  exemplary  piety  and  other  requisite  qualifications. 

1.  The  usage  under  the  Synod,  prior  to  adoption  of  the  Constitution. 

In  answer  to  the  third  query,  the  Synod  judge  that  any  student  in 
divinity  who  professes  a  design  to  enter  into  the  ministry  has  a  right  in 
our  present  situation  to  study  for  his  improvement  under  the  direction  of 
any  divine  of  reputation  in  the  Synod,  according  to  a  former  act ;  but 
that  when  he  proposes  to  enter  upon  trials  with  a  view  to  the  ministry  he 
shall  come  under  the  care  of  that  Presbytery  to  which  he  most  naturally 
belongs,  and  he  shall  be  deemed  most  naturally  to  belong  to  that  Presby- 
tery in  whose  bounds  he  has  been  brought  up  and  lived  for  the  most  part 
and  where  he  is  best  known.  But  if  another  Presbytery  desire  that  any 
student  or  students  should  come  into  their  bounds,  or  if  any  such  student 
or  students,  for  greater  conveniency,  or  from  any  circumstances  that 
make  it  necessaryj  desire  to  enter  upon  trials  in  a  different  Presbytery, 
upon  his  offering  satisfactory  reasons  he  may  be  dismissed ;  but  in  either 
case  the  Presbytery  to  which  he  removes  shall  not  receive  nor  admit  hi]u 
to  come  under  trials  upon  his  having  a  certificate  as  a  regular  church 
member  only,  but  he  shall  bring  a  testimonial  from  the  Presbytery  or 
several  neighboring  ministers  where  he  lived,  recommending  him  as  a 
candidate  for  the  ministry  of  exemplary  piety  and  holiness  of  conversa- 
tion. Nor  shall  any  thing  less  be  esteemed  a  sufficient  recommendation. 
—1764,  p.  337. 

2.    Licensure  by  bodies  other  than  those  within  whose  bounds  the 
candidate  expects  to  labor  disapproved. 

Though  the  Synod  entertains  a  high  regard  for  the  associated  churches 
of  New  England,  yet  we  cannot  but  judge  that  students  who  go  to  them  or 
to  any  other  than  our  own  Presbyteries  to  obtain  license  in  order  to  return 
and  officiate  among  us  act  very  irregularly,  and  are  not  to  be  approved 
or  employed  by  our  Presbyteries,  as  hereby  we  are  deprived  of  the  right 
of  trying  and  approving  the  qualifications  of  our  own  candidates ;  yet  if 
any  case  may  happen  wherein  such  conduct  may  in  some  circumstances 
be  thought  necessary  for  the  greater  good  of  any  congregation,  it  shall 
be  laid  before  the  Presbytery  to  which  the  congregation  belongs  and 
approved  of  by  them. — 1764,  p.  338. 

[Note. — For  action  condemning  the  licensing  of  a  candidate  of  one  Presbytery  by 
another  without  regular  dismission,  see  F.  G.,  Chap,  x,  Sec.  viii,  p.  191.] 
35 


546  FORM  OF  GOVERNMENT,  CHAP.  XIV. 

3.    Candidates  should  be  placed  under  the  care  of  Presbytery. 

a.  It  is  recommended  to  the  agencies  and  Committees  to  endeavor  to 
have  the  young  men  aided  by  the  Church,  especially  in  their  theological 
studies,  placed  under  the  care  of  Presbyteries,  and  that  in  all  ordinary 
cases  they  be  licensed  by  those  Presbyteries  to  which  they  naturally 
belong.— 1854,  p.  507,  N.  S. ;  confirmed,  1894,  p.  126. 

b.  It  is  recommended  that  the  young  men  aided  by  the  Assembly's 
Committee  be  ordinarily  placed,  as  soon  as  possible,  under  the  care  of 
Presbyteries,  and  that  in  all  ordinary  cases  they  be  licensed,  if  con- 
venient, by  the  Presbyteries  to  which  they  naturally  belong.  — 1856,  p. 
224,  N.  S.;  1894,  p.  126. 

C.  Resolved,  That  candidates  should  be  required  to  put  themselves 
under  the  care  of  Presbytery  as  soon  as  possible,  and  receive  careful 
supervision  during  their  entire  course,  and  that  whatever  arrangements 
the  Presbyteries  may  deem  expedient  to  facilitate  their  training,  these 
arrangements  should  not  be  such  as  will  teud  to  shorten  the  full  term  of 
study  or  induce  an  absence  from  their  classes  at  either  the  opening  or 
closing  of  the  seminary  sessions. — 1857,  p.  31,  O.  S. ;  1894,  p.  126. 
[Note.— See  also  Minutes,  186i,  p.  315,  O.  S.] 

4.  Instructions  to  the  Presbytery  of  New  York  in  the  case  of  theo- 
logical students  pursuing  studies  in  certain  theological  semina- 
ries. 

a.  ' '  The  Presbytery  of  New  York  overtures  the  General  Assembly  to 
instruct  it  in  its  relation  to  its  duty  towards  students  applying  to  be  taken 
under  its  care,  who  are  pursuing  or  purpose  to  pursue  their  studies  in 
theological  seminaries  respecting  whose  teaching  the  General  Assembly 
disavows  responsibility." 

The  Committee  recommend  that  the  following  ansAver  be  given: 
We  recognize  the  general  principle  that  a  young  man  should  stand  on 
his  merits,   as  revealed  by  examination,  for  entrance  into  the  Presby- 
terian ministry,  yet: 

1.  It  is  the  genius  of  the  whole  Presbyterian  system  to  educate  its 
ministers  through  careful  training  and  Presbyterial  supervision,  "  and  to 
make  effectual  provision  that  all  Avho  are  admitted  as  teachers  be  sound 
in  the  faith  "  (Form  of  Government,  Sec.  v,  Chap.  i). 

2.  Our  book  i-equires  that  "  except  in  extraordinar}'-  cases,"  before 
licensure  the  candidate  "  shall  have  studied  divinity  at  least  two  years 
under  some  approved  divine  or  px'ofessor  of  theology"  (Form  of  Gov- 
ernment, Sec.  vi.  Chap.  xiv). 

3.  The  General  Assembly  of  1806  recommended  every  Presbytery 
under  their  care  "  to  inspect  the  education  of  these  youth  (those  prepar- 
ing for  the  ministry),  during  the  course  of  both  their  academic  and 
theological  studies,  choosing  for  them  such  schools,  seminaries  and  teach- 
ers as  they  may  judge  most  proper  and  advantageous;  so  as  eventually  to 
bring  them  into  the  ministry  well  furnished  for  their  work  "  (Baird's 
Dlged,  p.  398). 

4.  The  General  Assembly  of  1894  affirmed,  that  it  is  the  privilege  of 
the  Presbytery  to  direct  "  the  education  of  their  students  within  reason- 
able limits,  in  schopls  approved  by  the  General  Assembly,  and  to  prohibit 
their  attendance  at  institutions  disapproved  by  the  same"  {Minutes, 
1894,  p.  125). 


OF    LICENSING   CANDIDATES.  547 

b.  Therefore,  inasmuch  as  obedience  to  the  Constitution  of  the  Church 
is  obhgatory  on  all  Presbyteries,  we  recommend  that,  in  accordance  with 
the  provisions  of  the  Form  of  Government  above  cited,  the  Presbytery 
of  New  York  be  instructed  and  enjoined  not  to  receive  under  its  care  for 
licensure,  students  who  are  pursuing  or  purpose  to  pursue  their  studies  in 
theological  seminaries  respecting  whose  teaching  the  General  Assembly 
disavows  responsibility.     Adopted. — 1895,  pp.  16,  17. 

5.  The  above  action  explained  and  reaffirmed ;  does  not  relate  to  the 
licensing  of  candidates. 

The  Judicial  Committee  presented  its  report  on  the  response  of  the 
Presbytery  of  New  York  to  the  action  of  the  Assembly  of  1895,  which 
was  received  and  adopted,  and  is  as  follows: 

The  Judicial  Committee  submit  and  recommend  the  adoption  of  the 
following  answer  to  the  ' '  Response  ' '  of  the  Presbytery  of  New  York 
to  the  answer  of  the  General  Assembly  to  the  Presbytery's  overture 
as  recorded  in  the  Minutes  of  the  General  Assembly  of  1895  (pp.  76, 
77),  referred  to  the  Judicial  Committee  by  the  General  Assembly  from 
the  Committee  on  Bills  and  Overtures,  viz. : 

1.  The  General  Assembly  of  1896  reaffirms  the  action  of  the  General 
Assembly  of  1895  concerning  the  reception  by  Presbyteries  of  students 
as  candidates  who  are  ' '  pursuing  or  intending  to  pursue  their  theological 
studies  in  seminaries  for  whose  instructions  the  General  Assembly  dis- 
avows responsibility. "  In  so  doing  we  call  attention  to  the  fact  that  the 
Presbytery  of  New  York  last  year  asked  the  General  Assembly  to 
instruct  it  in  relation  to  its  duty  towards  students  applying  to  be  taken 
under  its  care  and  that  the  Assembly  in  response  instructed  it,  using 
substantially  its  own  words.  The  action  of  the  Assembly  did  not  relate 
to  the  licensing  of  candidates,  but  to  the  reception  of  students  asking  to 
be  taken  under  care.  It  fully  recognized  the  right  of  the  Presbytery  to 
determine  the  qualifications  of  candidates  for  licensure.  We  also 
exjjress  our  understanding  of  the  words  ' '  instruct ' '  and  ' '  enjoin  ' '  in 
last  year's  action  to  be  simply  an  emphatic  repetition  in  the  expression 
of  its  response  to  the  Presbytery  of  New  York  touching  the  specific 
question  overtured. 

2.  We  call  attention  to  the  difference  in  status  between  "  ministers 
from  other  denominations ' '  on  the  one  hand,  and  students  seeking  to 
enter  the  ministry  of  the  Church  on  the  other  hand,  in  the  relation  they 
sustain  or  seek  to  sustain  to  the  Church. 

As  to  ministers  "  from  other  denominations,"  the  General  Assembly 
having  had  no  care  or  supervision  of  their  theological  instruction,  requires 
an  examination  as  to  their  change,  and  reasons  therefor,  of  conviction 
in  doctrinal  belief  and  in  the  Form  of  Church  Government,  and  of 
their  approval  of  and  sincere  acceptance  of  the  Standards  of  the 
Church. 

On  the  other  hand,  students  seeking  to  come  under  the  care  of  Presby- 
teries as  candidates  for  the  Gospel  ministry  have  no  Presbyterial  or 
ecclesiastical  status,  save  what  is  implied  in  church  membership,  but 
having  a  purpose  to  qualify  themselves  in  doctrinal  belief,  for  the  Gospel 
ministry,  it  is  indispensable  for  the  purity  of  the  Church  in  doctrine  and 
polity,  that  Presbyteries  in  receiving  them  under  their  care,  so  direct 
them  in  all  cases  when  necessary,  and  if  need  be,  require  them  to  pursue 
their  theological  studies  "  under  some  approved  divine;"   or  in  institu- 


548  FORM  OF  GOVERNMENT,  CHAP.  XIV. 

tions  or  seminaries  which  have  not  been  disapproved  by  the  Charch,  that 
their  instruction  may  be  in  all  respects  in  accord  with  the  doctrine  and 
polity  of  the  Church  into  whose  ministry  they  are  seeking  to  enter. 

3.  While  fully  recognizing  the  constitutional  right  of  Presbyteries  in 
the  matter  of  licensing  candidates  for  the  ministry  (Form  of  Govern- 
ment, Chap,  xiv),  we  are  nevertheless  urgent  that  Presbyteries  have 
special  care  of  their  examinations  in  subjects  required  by  the  Form  of 
Government,  Chap,  xiv,  Sec.  iv,  and  that  due  respect  be  given  to  the 
deliverances  of  the  General  Assembly  in  the  matter  of  the  education  of 
students  for  the  Gospel  ministry. 

4.  We  are  equally  urgent  that  the  same  care  be  taken  by  Presbyteries 
in  their  examinations  of  ministers  coming  to  us  from  foreign  bodies,  that 
is  urged  upon  them  in  the  licensure  of  candidates  already  under  the 
care  of  Presbyteries.  —1896,  pp.  160-162. 

6.    The  above  action  (4  and  5)  universal  in  application. 

The  Judicial  Committee  reported: 

Judicial  Case  No.  2,  an  appeal  of  A.  P.  Ketchum,  Esq.,  and  twenty- 
one  others,  against  the  Synod  of  New  York,  and 

Judicial  Case  No.  3,  a  comjilaint  of  Rev.  Robert  Russell  Booth,  D.  D. , 
LL.  D. ,  and  forty-four  others  against  the  same  Synod. 

Both  cases  are  against  the  same  action  of  the  Synod. 

The  appellants,  being  also  complainants,  consent  to  withdraw  the 
appeal. 

The  complaint  is  in  order.  But  we  believe  the  differences  can  be  satis- 
factorily settled  for  all  parties,  and  for  this  purpose  we  recommend  the 
adoption  of  the  following,  to  wit: 

The  answer  of  the  General  Assembly  of  1895  to  the  Presbytery  of 
New  York  declares  that ' '  obedience  to  the  Constitution  of  the  Church  is 
obligatory  on  all  the  Presbyteries." 

The  words  ' '  instruct ' '  and  ' '  enjoin  ' '  in  this  answer,  reaffirmed  and 
explained  in  1896,  are  to  be  regarded  as  universal  in  their  apphcation; 
and  also,  ' '  the  right  of  the  Presbytery  to  determine  the  qualifications  of 
candidates  for  licensure,"  is  a  declaration  applicable  to  all  Presbyteries 
alike. 

This  Assembly  emphasizes  the  fact  that  all  the  Presbyteries  of  the 
Church  are  under  one  Constitution,  and  that  what  is  lawful  in  one  is  law- 
ful in  all,  and  that  what  is  unlawful  in  one  is  unlawful  in  all.  And  the 
Presbyteries  in  the  exercise  and  discharge  of  their  rights  and  obligations 
are  subject  to  the  Constitutional  powers  of  the  higher  judicatories. 

The  report  was  adopted. — 1897,  p.  41. 

7.    Careful  supervision  to  be  exercised  both  in  receiving  candidates 
and  over  their  studies. 

Resolved,  That  this  Assembly  renew  the  resolution  of  the  Assembly 
of  last  year  (Minutes,  p.  524),  and  "  earnestly  urge  all  our  Presbyteries 
and  Committees  ad  interim  to  guard  with  a  becoming  caution  and  a  firm 
vigilance  the  door  to  the  holy  office  of  the  ministry  so  as  not  to  admit  to 
that  sacred  calling  men  wanting  in  mental  and  moral  qualifications  for 
its  high  and  holy  functions."  And  furthermore,  as  a  means  of  exclud- 
ing improper  persons,  that  this  Assembly  enjoins  upon  every  Presbytery 
which  has  not  so  done  to  appoint  a  Committee,  whose  duty  it  shall  be 
to  make  careful  inquiry  as  to  the  conduct  and  progress  in  study  of  all  the 


OF    LICENSING    CANDIDATES.  549 

candidates  under  its  care,  and  to  make  report  to  their  Presbytery  at 
every  stated  meeting,  or  oftener  if  Presbyterial  action  is  needed. — 1860, 
p.  25,  O.  S. 

8.  No  candidate  tq  be  received  by  the  Board  until  he  has  been  a 
Church  member  one  year  and  passed  classical  studies  for  one  year. 
That  it  be  recommended  that  the  Board  of  Education  hereafter  receive 

no  candidate  for  the  ministry,  until  he  has  been  a  member  of  the  Church 
at  least  one  year,  and  has  also  passed  his  classical  studies,  for  an  academic 
year;  except  in  extraordinary  cases  to  be  determined  by  the  Board. 

That  increased  care  be  enjoined  upon  the  Presbyteries  in  bringing 
forward  or  recommending  candidates  for  the  sacred  ministry. — 1872,  p. 
19. 

9.  Candidates  must  connect  themselves  with  the  Presbytery  to  which 

they  naturally  belong, 
a.  That  the  candidates  of  the  Board  be  required  to  connect  themselves 
with  the   Presbyteries  to  which  they  naturally  belong,  unless  for  extra- 
ordinary reasons,  of  which  the  Presbyteries  must  be  the  judge. — 1872, 
p.  19. 

b.     Should  retain  their  connection  with  that  Presbytery. 

Overture  from  the  Presbytery  of  St.  Lawrence,  asking  the  Assembly 
"  to  enjoin  upon  candidates  for  the  ministry  to  retain  their  connection 
with  the  Presbyteries  to  which  they  naturally  belong  by  residence  and 
church  membership;  also  to  enjoin  Presbyteries  not  to  receive  such  can- 
didates unless  they  have  received  dismission  from  the  Presbyteries  to 
which  they  naturally  belong,  as  above  specified;  also  to  enjoin  the  Board 
of  Education  carefully  to  examine  into  any  such  cases,  and  only  in 
extreme  instances  to  allow  the  funds  of  the  Board  to  be  paid  to  candi- 
dates who  do  not  receive  such  funds  through  the  Presbyteries  to  which 
they  naturally  belong. 

The  Committee  recommends  the  Assembly  to  call  the  attention  of  the 
Presbyteries  to  the  Constitution  of  the  Church,  and  to  the  action  of  the 
Assembly  of  1872,  and  to  urge  them  to  a  more  careful  observance  of  the 
principles  then  laid  down,  in  order,  as  far  as  possible,  to  secure  the  ends 
contemplated  in  the  overture.     Adopted. — 1884,  p.  77. 

C.     Exceptional  case,   where  no  Presbytery  exists. 

The  Committee,  however,  are  of  the  opinion  that  in  cases  of  this 
sort,  each  should  be  judged  by  its  own  circumstances,  and  that  so  far  as 
the  way  is  not  positively  closed  by  law,  necessity  should  be  regarded  as 
justifying  unusual  action.  They  are  of  opinion  that,  in  accordance  with 
the  spirit  of  Chap,  xiv.  Sec.  2,  of  the  Form  of  Government,  relating  to 
licensure,  it  would  be  competent  for  a  candidate  on  a  foreign  field  where 
no  Presbytery  exists  to  put  himself  under  the  care  of  a  home  Presbytery, 
by  virtue  of  letters  from  missionaries  on  that  field,  and  then  subse- 
quently by  a  commission  appointed  by  that  Presbytery,  after  due  exami- 
nation, to  license  and  to  ordain  him,  and  then  to  report  his  name  for 
enrollment  in  the  Presbytery  authorizing  the  step. — 1887,  p.  25. 

[Note. — See  report  of  Committee  on  the  Ecclesiastical  Relations  of  Foreign  Mis- 
sionaries, Minutes,  1887,  pp.  18-25.] 

10.    A  mission  has  no  authority  to  license  or  ordain. 

[Note.— See  Minutes,  1896,  p.  146 ;  F.  G.,  Chap,  xv,  Sec.  xv,  p.  575.] 


550  FORM  OF  GOVERNMENT,  CHAP.  XIV. 

11.  Deliverance  on  the  relation  sustained  by  students  who  have  been 
taken  under  the  care  of  a  Presbytery  to  the  Presbjrtery  receiving 
them. 

Overture,  being  a  memorial  from  the  Presbytery  .of  New  Brunswick, 
in  the  case  of  William  J.  Krieger.  In  answer  to  the  Presbytery  of  New 
Brunswick,  asking  instructions  in  the  case  of  Mr.  William  J.  Krieger, 
the  Committee  recommend  in  the  matter  of  the  relation  which  students 
who  have  been  received  under  the  care  of  a  Presbytery  sustained  to  the 
Presbytery  receiving  them,  the  following  interpretation  of  former  deliv- 
erances of  the  General  Assembly  be  affirmed  and  declared  by  this 
Assembly,  viz. : 

That  it  is  the  duty  of  such  students,  whether  receiving  aid  from  the 
Board  of  Education  or  not,  to  consult  their  Presbytery  before  changing^ 
their  church  relation  or  the  school  in  which  they  are  pursuing  their 
studies ;  that  it  is  the  privilege  of  the  Presbytery  to  direct  their  education 
within  reasonable  limits  in  schools  approved  by  the  General  Asseral)ly, 
and  to  prohibit  their  attendance  at  institutions  of  learning  disapproved 
by  the  same.     This  interpretation  of  the  law  is  obvious,  because : 

1 .  The  recommendations  of  the  Church  upon  the  subject  of  candidates 
are,  that  the  candidate  usually  comes  under  the  care  of  that  Presbytery 
to  which  he  most  naturally  belongs,  and  he  shall  be  deemed  most  natu- 
rally to  belong  to  that  Presbytery  in  whose  bounds  he  has  been  brought 
up  and  lived  for  the  most  part,  and  where  he  is  best  known  (F.  G., 
Chap,  xiv,  Sec.  ii). 

2.  If,  however,  a  student  under  care  of  Presbytery  should  desire  for 
greater  convenience  to  enter  into  a  different  Presbytery,  upon  his  offering 
satisfactory  reasons  he  may  be  dismissed.  In  such  case  the  Presbytery 
to  which  he  removes  shall  not  receive  or  admit  him  to  come  under  trials 
upon  his  having  a  certificate  as  a  regular  church  member  only,  but  he 
shall  bring  a  testimonial  from  the  Presbytery  or  several  neighboring 
ministers  where  he  lived,  recommending  him  as  a  candidate  for  the 
miuistr)^  of  exemplary  piety  and  holiness  of  conversation,  nor  shall 
anything  else  be  deemed  a  sufficient  recommendation  (F.  G. ,  Chap,  xiv, 
Sec.  ix). 

3.  That  candidates  should  be  required  to  put  themselves  under  the 
care  of  Presbytery  as  soon  as  possible,  and  receive  careful  supervision 
during  their  entire  course  {Minutes  of  N.  S.  Assembly,  1856,  p.  223, 
and  1854,  p.  506;  Moore's  Z)iy.^f,  1886,  p.  365). 

4.  A  rule  of  the  Board  of  Education  (report  of  1893,  p.  41)  is  as 
follows:  "  The  Board  can  rely  only  upon  the  Education  Committee  of 
each  Presbytery  for  the  regular  care  of  its  own  candidates,  which  should 
include  the  constant  exercise  of  a  parental  oversight  over  them  in  spir- 
itual things,  and  the  counsel  they  need  as  to  their  mode  of  preparation, 
their  place  of  study  and  their  trials,  and  the  occupation  of  their  time 
when  not  engaged  in  study,  in  employments  which  tend  to  qualify  them 
for  effective  usefulness  as  pastors  or  evangelists." 

This  rule  has  been  enforced  since  the  Reunion. 

5.  In  the  case  before  us,  the  Presbytery  of  Dubuque,  for  reasons 
sufficient  in  their  judgment,  declined  to  dismiss  the  candidate,  William 
J.  Krieger,  to  the  Presbytery  of  New  Brunswick.  The  candidate, 
however,  obtained  a  letter  of  dismission  from  the  church  of  his  home  to 
the  church  in   Princeton.     This  we  deem  to  have  been  irregular  and 


OF    LICENSING    CANDIDATES.  551 

wrong,  as  tlie  policy  of  the  Church  is,  that  the  cliurch  letter  of  the  can- 
didate should  remain  within  the  bounds  of  the  Presbytery  under  whose 
care  he  has  placed  himself.  We  recommend  that  candidates  be  not 
allowed  to  take  their  church  letters  out  of  the  bounds  of  the  Presbytery 
which  has  charge  oyer  them  until  they  are  dismissed  to  the  care  of  an- 
other Presbytery  into  whose  bounds  they  may  then  be  taken. 

6.  In  the  case  before  us,  considering  all  the  circumstances,  we 
would  recommend  that  the  Presbytery  of  Dubuque  dismiss  the  can- 
didate, William  J.  Krieger,  to  the  care  of  the  Presbytery  of  New 
Brunswick. 

We  make  these  recommendations  under  the  guidance  of  Sec.  5,  of 
Chapter  xii,  of  the  Form  of  Government,  which  reads  as  follows :  "  To 
the  General  Assembly  also  belongs  the  power  of  deciding  in  all  contro- 
versies respecting  doctrine  and  discipline,"  the  word  discipline  being  used 
in  a  governmental  sense.  — 1894,  pp.  125,  126. 

12.    The  Assembly's  power  over  the  education  of  students. 
Presbyteries  directed  to  supervise. 

After  maturely  deliberating  (m  the  overture,  the  Assembly  determined, 
that  the  part  of  it  which  relates  to  the  selection  and  education  of  young 
men  of  piety  and  talents  for  the  Gospel  ministry,  presents  a  plan  which 
they  consider  as  well  deserving  their  countenance  and  support.  But  as 
the  Presbyteries,  of  Avhich  the  Assembly  have  the  oversight,  are  scattered 
over  a  wide  extent  of  country,  and  their  circumstances  are  known  to  be 
extremely  various,  it  occurred  that  an  absolute  injunction  on  all  the 
Presbyteries,  innnediately  to  enter  into  the  execution  of  the  plan  pro- 
posed, might  bear  hard  on  some,  if  not  be  entirely  iucapnble  of  execu- 
tion :  on  the  other  hand,  merely  to  recommend  an  attention  to  the  plan, 
without  attaching  any  responsibility  to  the  neglect  of  the  recommendation, 
appeared  to  the  Assembly  incompatible  with  the  high  importance  of  the 
subject,  and  with  their  own  duty  as  guardians  of  the  Church,  bound 
especially  to  provide  for  their  people  a  supply  of  the  Word  of  Life.  It 
was,  therefore,  determined  to  take  a  middle  course  between  these  extremes, 
so  as  to  avoid,  if  possible,  the  inconveniences  of  both.  With  this  in 
view  it  was  resolved  to  rec(>mmend,  and  the  Assembly  do  hereby  most 
earnestly  recommend  to  every  Presbytery  under  their  care,  to  use  their 
utmost  endeavors  to  increase,  by  all  suitable  means  in  their  power,  the 
number  of  promising  candidates  for  the  holy  ministry :  to  press  it  upon 
the  parents  of  pious  youth,  to  endeavor  to  educate  them  for  the  Church ; 
and  on  the  youth  themselves,  to  devote  their  talents  and  their  lives  to  the 
sacred  calling;  to  make  vigorous  exertions  to  raise  funds  to  assist  all 
the  youth  who  may  need  assistance ;  to  be  careful  that  the  youth  they 
take  on  their  funds  give  such  evidence  as  the  nature  of  the  case  admits, 
that  they  possess  both  talents  and  piety ;  to  inspect  the  education  of  these 
youth,  during  the  course  of  both  their  academical  and  theological  studies, 
choosing  for  them  such  schools,  seminaries,  and  teachers,  as  they  may  judge 
most  proper  and  advantageous ;  so  as  eventually  to  bring  them  into  the 
ministry,  well  furnished  for  the  work.  And  the  Assembly  did,  and  do 
hereby  order,  that  every  Presbytery  under  their  care  make  annually  a 
report  to  the  Assembly,  stating  particularly  what  they  have  done  in  this 
concern,  or  why  (if  the  case  shall  so  be)  they  have  done  nothing  in  it; 
and  that  the  Assembly  will,  when  these  reports  are  received,  consider 
each  distinctly,  and  decide  by  vote,  whether  the  Presbyteries  severally 


552  FORM  OF  GOVERNMENT,  CHAP.  XIV. 

shall  be  considered  as  having  discharged  or  neglected  their  duty  in  this 
important  business. — Minutes  (Reprint),  1806,  pp.  306,  367. 

13.  Presbyteries  to  choose  seminaries,  etc.,  for  all  students. 
Resolved,  2.  That  in  view  of  the  extreme  importance  of  safeguarding 
the  polity  and  doctrine  of  our  Church,  this  General  Assembly  affirms 
as  applicable  to  all  theological  students  the  deliverance  made  by  the  Gen- 
eral Assembly  of  1806  (Minutes,  as  reprinted,  p.  367),  concerning  stu- 
dents who  received  aid  froni  the  Presbyteries,  viz. ,  that  the  Presbyteries 
inspect  their  education  "  during  the  course  of  their  theological  studies, 
choosing  for  them  such  schools,  seminaries  and  teachers  as  they  may 
judge  most  proper  and  advantageous,  so  as  eventually  to  bring  them  into 
the  ministry  well  furnished  for  their  work. — 1897,  p.  58. 

14.    Rules  of  the  Board  of  Education,  in  relation  to  students. 

[Note. — The  Board  of  Education  has  adopted  rules  governing  the  pecuniary  assist- 
ance given  to  students,  and  these  have  been  approved  by  the  General  Assembly.  See 
for  their  text,  pp.  357-362.] 

III.  It  is  proper  and  requisite  that  candidates  applying  to  the  Presby- 
tery to  be  licensed  to  preach  the  gospel,  produce  satisfactory  testimonials 
of  their  good  moral  character,  and  of  their  being  regular  membei'S  of 
some  particular  church.  And  it  is  the  duty  of  the  Presbytery,  for  their 
satisfaction  with  regard  to  the  real  piety  of  such  candidates,  to  examine 
them  respecting  their  experimental  acquaintance  with  religion,  and  the 
motives  which  influence  them  to  desire  the  sacred  office.  This  examina- 
tion shall  be  close  and  particular,  and  in  most  cases  may  best  be  con- 
ducted in  the  presence  of  the  Presbytery  only.  And  it  is  recommended 
that  the  candidate  be  also  required  to  produce  a  diploma  of  bachelor  or 
master  of  art^,  from  some  college  or  univei-sity,  or,  at  least,  authentic 
testimonials  of  his  having  gone  through  a  regular  course  of  learning. 

1.    A  liberal  education  required. 

a.  Through  the  Committee  of  Overtures  it  was  requested  by  the  first 
Presbytei-y  of  Philadelphia  that  the  Synod  declare  to  them  their  sense 
on  this  point,  viz.,  whether  a  person  without  a  liberal  education  may  be 
taken  on  trials  or  licensed  to  preach  the  Gospel.  The  question  being 
put,  it  was  carried  in  the  negative. — 1783,  p.  499. 

b.  An  overture  was  brought  in  in  the  following  terms,  \dz. :  ' '  "Whether 
in  the  present  state  of  the  Church  in  America,  and  the  scarcity  of  minis- 
ters to  till  our  numerous  congregations,  the  Synod  or  Presbyteries  ought 
therefore  to  relax,  in  any  degree,  in  the  literary  qualifications  required 
of  intrants  into  the  ministiy,"  and  it  was  carried  in  the  negative  by  a 
great  majority. — 1785,  p.  511. 

C.      To  keep  pace  with  the  progress  of  society  and  letters. 

Your  Committee  recommend  to  the  General  Assembly  to  enjoin  it  upon 
all  their  Presbyteries  to  take  the  most  effectual  order  in  their  power  to 
increase,  if  possible,  the  qualifications  of  candidates  for  the  Gospel  min- 
istry with  regard  both  to  sincere  piety  and  solid  and  extensive  learning, 
that  the  improvements  of  the  pulpit  may  keep  full  pace  with  the  prog- 
ress of  society  and  letters. — 1799,  p.  18l. 


OF    LICENSING    CANDIDATES.  553 

d.     Letter  to  Rev.  David  Rice  on  thorough  literary  training  for  the 

ministry. 

[Note.— See  Minutes  (Beprint),  1804,  p.  299;  Digest,lSSe,  p.  367.] 

2.    Liberal  education  waived  in  certain  cases. 

a.      Case  of  John  Griffith  that  he  might  minister  to  the  Welsh  people. 

That  those  of  the  Welsh  here  who  testify  to  the  Synod  concerning  his 
useful  preaching  and  pious  conduct  are  known  to  be  men  of  judgment 
and  integrity;  and  as  the  circumstances  of  that  people  are  singular,  and 
no  other  way  appears  in  which  they  can  enjoy  ordinances,  the  Synod 
agree  that  the  said  Mr.  John  Griffith,  though  he  has  not  the  measure  of 
school  learning  usually  required,  and  which  they  judge  to  be  ordinarily 
requisite,  be  ordained  to  the  work  of  the  ministry,  and  appoint  Messrs. 
Samuel  Davies,  Dr.  Allison,  Treat  Hunter  and  Kettletas,  to  be  a  Pres- 
bytery joro  re  nata  to  ordain  him. — 1759,  p.  289. 

[Note. — Mr.  Griffith  was  accordingly  ordained.] 

b.      Case  of  John  Gloucester,  a  colored  man. 

In  connection  with  a  communication  from  the  Presbytery  of  Union,  it 
was 

Resolved,  1.  That  the  General  Assembly  highly  approve  the  caution 
and  prudence  of  the  Presbytery  of  Union  in  this  case.  2.  That  consid- 
ering the  circumstances  of  this  particular  case — viz.,  the  evidence  of 
unusual  talents,  discretion  and  piety  possessed  by  John  Gloucester — the 
good  reason  there  is  to  believe  that  he  may  be  highly  useful  in  preaching 
the  Gospel  among  those  of  his  own  color,  and  the  various  difficulties 
likely  to  attend  a  further  delay  in  proceeding  in  this  case,  the  General 
Assembly  did  and  hereby  do  authorize  the  Presbytery  of  Philadelphia 
to  consider  the  case  of  John  Gloucester,  and  if  they  think  proper  to 
license  him  to  preach  the  Gospel. — Minutes  {^Reprint^,  1807,  p.  387. 

[Note. — Mr.  Gloucester  was  licensed.] 

3.    Great  caution  prescribed  in  exceptional  licensures. 

Overture  from  the  Trustees  of  Lincoln  University  in  regard  to  the 
licensure  and  the  aid  of  young  colored  men  seeking  the  ministry.  To 
this  overture  the  Committee  recommend  the  following  answer: 

1.  The  General  Assembly  has  no  authority  to  modify  the  regulations 
of  our  Form  of  Government,  in  respect  to  the  qualifications  of  licenti- 
ates, so  as  to  make  provision  for  any  class  of  exceptional  cases.  At  the 
same  time,  the  Assembly  recognizes  the  propriety  of  the  exercise,  by 
Presbyteries,  of  a  wise  discretion  in  their  administration  of  the  functions 
entrusted  to  them  by  the  Church,  in  view  of  the  great  work  to  be  done 
by  our  Church  among  the  colored  people  in  this  country.  The  Assem- 
bly specially  accords  such  discretion  to  those  Presbyteries  which  are 
providentially  brought  into  special  relations  to  that  work;  meanwhile,  in 
view  of  the  experience  of  several  years,  enjoining  upon  such  Presbyteries 
the  obligation  to  take  great  care,  lest  any  incompetent  or  unworthy  men 
be  admitted  into  the  ministry  of  our  Church.     Adopted. — 1876,  p.  72. 

4.    In  what  cases  aid  shall  be  withdrawn. 

[Note.— Amendment  to  Art.  vi,  Sec.  iv,  Rules  of  the  Board  of  Education,  p.  359.] 

If  at  any  time  there  be  discovered  in  a  student  such  defect  in  capacity, 
diligence,  and  especially  in  piety,  as  would   render  his  introduction  in 


564  FORM  OF  GOVERNMENT,  CHAP.  XIV. 

the  ministry  a  doubtful  measure,  it  shall  be  the  sacred  duty  of  the 
Board  to  communicate  without  delay  the  information  received  to  the 
Education  Committee  of  his  Presbytery ;  and  if,  on  careful  inquiry  on  the 
part  of  the  Presbytery,  no  satisfactory  explanation  of  the  defect  can  be 
obtained,  or  if  no  response  be  received  by  the  Board  from  the  Presbytery 
or  from  their  Committee  on  Education  within  the  current  quarter,  it  shall 
be  the  duty  of  the  Board  to  withdraw  their  aid  altogether. — 1878, 
p.  49. 

5.    A  candidate  must  be  a  member  of  some  particular 
Presbyterian  Church. 

Overture  from  a  member  of  the  Presbytery  of  Whitewater,  asking, 
"  May  Chap,  xiv.  Sec.  iii,  and  first  clause  of  our  Form  of  Government 
be  so  construed  as  to  allow  a  Presbytery  to  license  a  member  of  a  Meth- 
odist Episcopal,  or  Congregational,  or  other  evangelical  Church,  without 
his  first  becoming  a  member  of  a  Presbyterian  church  ?  Or  does  the 
expression  '  some  particular  church  '  mean  some  particular  Presbyte- 
rian church  ?" 

The  Committee  recommend  that,  inasmuch  as  the  candidate  must  be 
under  the  care  of  the  Presbytery,  and  promise  to  submit  himself  to  its 
government,  the  Assembly  answer  the  overture  in  the  negative,  and 
define  the  phrase  ' '  some  particular  church  ' '  to  mean  some  particular 
Presbyterian  church.     Adopted. — 1874,  p.  84. 

IV.  Because  it  is  highly  reproacliful  to  religion,  and  dangerous  to  the 
Church,  to  entrust  the  holy  ministry  to  weak  and  ignorant  men,  the 
Presbytery  shall  try  each  candidate,  as  to  his  knowledge  of  the  Latin 
language,  and  the  original  languages  in  which  the  Holy  Scriptures  were 
written.  They  shall  also  examine  him  on  the  arts  and  sciences;  on 
theology,  natural  and  revealed;  and  on  ecclesiastical  history,  the  sacra- 
ments, and  church  government.  And  in  order  to  make  trial  of  his 
talents  to  explain  and  vindicate,  and  practically  to  enforce,  the  doctrines 
of  the  gospel,  the  Presbytery  shall  require  of  him, 

1.  A  Latin  exegesis  on  some  common  head  in  divinity. 

2.  A  critical  exercise ;  in  which  the  candidate  shall  give  a  specimen  of 
his  taste  and  judgment  in  sacred  criticism,  presenting  an  explication  of 
the  original  text,  stating  its  connection,  illustrating  its  force  and  beauties, 
removing  its  difliculties  and  solving  any  important  questions  which  it 
may  present. 

3.  A  lecture  or  exposition  of  several  verses  of  Scripture;  and, 

4.  A  i^opular  sermon. 

1.    The  "Latin  Exegesis"  not  stricken  out. 

Overtures  from  the  Presbyteries  of  Genesee,  Geneva  and  Nassau,  ask- 
ing for  an  amendment  to  the  Form  of  Government,  with  a  ^^ew  to  the 
omission  of  the  Latin  exegesis  from  the  parts  of  trial  required  at  the 
examination  of  probationers  for  the  ministry.  The  Committee  would 
recommend  that,  as  a  sufficient  relief  is  afforded  by  the  right  of  Presby- 
tery to  make  exceptions,  it  does  not  seem  needful  to  propose  any  consti- 
tutional amendments.     Adopted, — 1893,  p.  71. 


OF    LICENSING   CANDIDATES.  555 

2.  Presbytery  has  discretion  as  to  a  substitute. 

Overture  from  the  Presbytery  of  Utica,  asking  the  General  Assembly 
to  overture  the  Presbyteries  to  amend  the  Form  of  Government,  Chap,  xiv, 
Sec.  iv,  so  that  the  words,  ' '  The  Latin  exegesis  on  some  common  head  of 
divinity,"  be  stricken  out,  and  the  following  words  substituted:  "  An 
essay  or  dissertation  on  some  prescribed  subject  in  Christian  theology." 

Your  Committee  would  recommend  that  this  Overture  be  answered  in 
the  negative,  for  the  following  reason:  That  Presbyteries  are  at  liberty, 
under  our  Constitution,  to  substitute  such  dissertation  or  essay  at  their 
discretion.     Adopted. — 1893,  p.  117. 

3.  Examination  in  the  English  Bible  mandatory. 

Resolved,  That  the  General  Assembly,  acting  under  Sec.  6,  Chap,  xii, 
of  the  Form  of  Government,  hereby  declares  that  the  following  Constitu- 
tional Rule  having  been  adopted  by  a  majority  of  the  Presbyteries  is  a 
law  of  the  Church,  viz.  :  ' '  Candidates  for  licensure,  in  addition  to 
the  examination  required  by  Chap,  xiv,  Sec,  4,  of  the  Form  of  Govern- 
ment, shall  be  diligently  examined  in  the  English  Bible  and  shall  be  re- 
quired to  exhibit  a  good  knowledge  of  its  contents  and  of  the  relation  of. 
its  separate  parts  and  portions  to  each  other."  And  the  General  Assem- 
bly further  directs  that  this  rule  shall  be  known  as  Constitutional  Rule 
No.  2,  and  shall  be  appended  to  the  Constitution  of  the  Church. 

The  Moderator  announced  that  Constitutional  Rule  No.  2  had  been 
adopted  and  enacted,  and  was  therefore  a  part  of  the  law  of  the  Church. 
—1897,  p.  119, 

V.  These,  or  other  similar  exercises,  at  the  discretion  of  the  Presby- 
tery, shall  be  exhibited  until  they  shall  have  obtained  satisfaction  as  to 
the  candidate's  piety,  literature  and  aptness  to  teach  in  the  churches. 
The  lecture  and  popular  sermon,  if  the  Presbytery  think  proper,  may  be 
delivered  in  the  presence  of  a  congregation. 

1.    Examination  in  the  Catechisms  recommended. 
That   the    Presbyteries  be    required  to  see   that  the   candidates  for 
licensure  be  well  versed  in  the  Catechisms  and  well  furnished  with  Scrip- 
ture proof  texts.     Adopted. — 1868,  p.  654,  O,  S. 

VI.  That  the  most  effectual  measures  may  be  taken  to  guard  against 

the  admission  of  insufficient  men  into  the  sacred  office,  it  is  recommended 

that   no   candidate,  except  in  extraordinary  cases,   be  licensed  unless, 

after  his  having  completed  the  usual  course  of  academical  studies,  he 

shall  have  studied  divinity  at  least  two  years  under  some  approved  divine 

or  professor  of  theology. 

[Note. — For  the  power  of  Presbytery  in  choosing  schools,  seminaries,  etc.,  for  stu- 
dents, see  Nos.  4-12,  pp.  546-551.] 

1.    Effort  to  extend  the  time  of  study  to  three  years. 

a.  On  motion.  Resolved,  That  it  be  recommended  to  the  several  Pres- 
byteries of  this  Church  to  consider  whether  it  would  be  proper  to  extend 
the  time  necessary  for  young  men  to  apply  to  the  study  of  divinity  before 
they  be  taken  on  trials  to  three  years  at  least,  and  to  send  up  a  report  of 
their  opinion  to  the  next  General  Assembly. — 1792,  p.  60. 

[Note. — No  action  of  Presbyteries  is  reported  in  later  records.] 


556  FORM    OF    GOVERNMENT,    CHAP.    XIV. 

b.      Ride  of  a  loiver  j adicature  unconditutional. 

The  records  (of  the  Synod  of  New  York  and  New  Jersey)  were 
approved,  except  a  vote  of  that  Synod  by  which  they  determine  it  to  be 
constitutional  for  that  Synod  to  enact,  "  That,  in  future,  candidates  who 
have  the  Gospel  ministry  in  view  be  required  to  attend  to  the  study  of 
divinity  at  least  three  years  before  licensure, ' '  which  vote  was  determined 
by  the  Assembly  to  be  unconstitutional. — 1792,  p.  59. 

C.      Overture  sent  down,    but  not  adopted. 

Overture  No.  6  was  taken  up,  viz. :  Requests  from  several  Presbyteries 
that  the  sixth  section  of  Chap,  xiv  of  our  Form  of  Government  might 
be  sent  down  to  the  Presbyteries  to  be  so  altered  as  to  read  ' '  to  study 
theology  at  least  three  years,  etc."  The  overtures  were  read,  and  it  was 
resolved  that  the  proposed  alteration  be  sent  down  as  an  overture  to  the 
Presbyteries,  and  that  the  Presbyteries  be  required  to  send  up  their 
answer  to  this  overture  in  writing  to  the  next  General  Assembly. — 
1835,  p.  475. 

[N(iTE. — To  this  overture,  in  1836,  thirty-five  answered  in  the  affirmative  and 
twenty  in  the  negative.  Not  a  majority.  The  overture  was  again  referred  to  the 
Presbyteries,  and  in  1837  fifty-two  Presbyteries  reported  in  favor  and  thirty-eight 
against.  Still  not  a  majoritv,  and  the  matter  was  dropped. — 1836,  p.  276;  1837, 
p.  438.J 

2.    Full  term  of  three  years  urgently  recommended. 

a.  Resolved,  That  this  Assembly  entirely  concur  in  the  opinion  ex- 
pressed in  the  report  of  the  Board  of  Directors  of  the  theological  semi- 
nary at  Princeton,  that  it  is  highly  important  that  theological  students 
continue  the  fidl  time  of  three  years  in  the  seminary,  and  complete  the 
whole  course  of  studies  prescribed  in  the  plan. — 1834,  p   437. 

b.  Resolved,  1.  That  this  Assembly  do  approve  of  the  resolution 
passed  by  the  Board  of  Directors  at  their  late  meeting  with  a  view  of 
securing  the  attendance  of  students  during  a  full  course  of  theological 
instruction  in  our  seminary. 

Resolved,  2.  That  the  Assembly  notice  with  regret  the  prevalence  of 
what  they  deem  a  serious  evil,  not  only  to  the  seminary,  but  to  the 
Church  at  large,  in  the  number  of  students  who  annually  leave  the 
institution  before  the  prescribed  course  of  studies  is  completed.  And 
they  do  earnestly  recommend  to  the  students,  if  practicable,  to  continue 
the  full  time  prescribed  in  the  plan. — 1826,  p.  179. 

C.  Resolved,  That  in  the  opinion  of  this  house  it  is  in  general  highly 
inexpedient  for  candidates  for  the  ministry  to  apply  for  licensure  at  such 
a  period  of  their  course  of  study  as  would  prevent  them  from  finishing 
the  three  years'  plan  of  studies  adopted  and  approved  by  former  Assem- 
blies.—1843,  p.  187;  O.  S. 

3.    A  pledge  to  a  three  years'  course  not  unconstitutional. 

Resolved,  That  the  General  Assembly  are  deeply  impressed  Avith  the 
importance  of  a  thorough  course  of  theological  study,  and  would  earn- 
estly recommend  to  their  Presbyteries  to  elevate  the  standard  of  education, 
and  that  the  rule  of  the  Board  of  Education  does  not  conflict  with  the 
Constitution  when  it  prescribes  the  time  of  study,  inasmuch  as  the  Con- 
stitution makes  two  years  the  shortest  time  allowed  to  complete  the  course 
of  theological  study,  but  does  not  prescribe  the  maximum. — 1844,  p. 
375,  0.  S. 


OF    LICENSING   CANDIDATES.  557 

4.    Regulations  as  to  extraordinary  cases. 

In  respect  to  the  "  extraordinary  cases  "  provided  for  in  our  Form  of 
Government,  Chap,  xiv,  Sec.  vi,  the  discretionary  power  vested  in  the 
Presbyteries  should  be  exercised  with  great  caution  and  witli  supreme 
regard  to  the  welfare  of  the  entire  Church.  Wherever  the  full  collegiate 
course  is  found  to  be  impracticable,  the  student  should  be  required  to 
pursue,  not  a  short  or  partial,  but  a  full  course  of  three  years  in  some 
theological  institution,  and  this  course  should  be  introduced,  wherever 
possible,  by  at  least  one  year  of  special  preparatory  training.  The  candi- 
date for  such  exceptional  course  should  be  not  less  than  twenty-five  years 
of  age,  of  special  promise  as  to  talents  and  capacity  for  usefulness,  and 
of  approved  piety,  having  a  fair  degree  of  education,  and  so  circum- 
stanced providentially,  that  he  can  prosecute  to  the  end  whatever  studies 
th^  Presbytery  may  prescribe.  As  cases  of  this  kind  are  presenting 
themselves  in  considerable  numbers,  our  theological  seminaries  are 
advised  to  provide  suitable  courses  of  study  in  which  the  full  period  of 
three  years  may  be  profitably  employed,  and  are  authorized  to  receive 
such  persons  under  their  instruction  when  they  are  duly  approved  by  the 
Presbyteries.  The  Presbyteries  are  also  hereby  required  to  make  a  full 
record  of  their  action  in  each  instance  of  this  class,  including  a  statement 
of  the  several  exceptions  allowed  and  this  record  should  be  furnished  to 
the  faculty  of  the  institution  where  such  student  is  I'eceived. — 1891, 
p.  177. 

[Note.— See  under  Sec.  xi,  2  and  3,  p.  559. 

See,  also,  report  in  full  of  "the  special  committee  to  which  was  referred  the  report 
of  the  special  committee  on  increasing  the  number  of  ministers." — Minutes,  1891, 
pp.  167-178.] 

VII.  If  the  Presbytery  be  satisfied  with  his  trials,  they  shall  then 
proceed  to  license  him  in  the  following  manner:  The  moderator  shall  pro- 
pose to  him  the  following  questions:  viz. 

1.  Do  you  believe  the  Scriptures  of  the  Old  and  New  Testaments  to  be 
the  Word  of  God,  the  only  infallible  rule  of  faith  and  practice  ? 

2.  Do  you  sincerely  receive  and  adopt  the  Confession  of  Faith  of  this 
Church,  as  containing  the  system  of  doctrine  taught  in  the  Holy  Scrip- 
tures ? 

3.  Do  you  promise  to  study  the  peace,  unity,  and  purity  of  the  Church? 

4.  Do  you  promise  to  submit  yourself,  in  the  Lord,  to  the  government 
of  this  Presbytery,  or  of  any  other  Presbytery  in  the  bounds  of  which 
you  may  be  called  ? 

1.  Form  for  licensing  local  evangelists. 

Overture  from  the  Presbytery  of  Troy,  asking  the  Assembly  to  provide 
k  form  for  the  licensing  of  local  evangelists.  It  is  recommended  that  the 
form  for  licensing  probationers  for  the  Gospel  ministry.  Chap,  xiv,  Sec. 
vii,  of  the  Form  of  Government,  be  followed  as  far  as  paragraph  (4),  for 
which  paragraph  shall  be  substituted  the  following:  "  Do  you  promise 
to  submit  yourself  in  the  Lord  to  the  government  of  this  Presbytery 
during  the  period  of  your  service  in  it  as  a  local  evangelist  ?"  And  in 
Sec.  viii,  where  occui-s  the  formula  of  licensure,  for  the  phrase, 
' '  Wherever   God   in   His  providence   may  call   you, ' '    substitute   the 


558  FORM  OP  GOVERNMENT,  CHAP.  XIV. 

phrase  "  Within  the  bounds  of  this  Presbytery."  Adopted. — 1894, 
p.  88. 

[Note. — See,  also,  under  Constitutional  Rule  No.  1,  p.  3.30.] 

VIII.  The  candidate  having  answered  these  questions  in  the  affirma- 
tive, and  the  moderator  having  offered  up  a  prayer  suitable  to  the  occa- 
sion, he  shall  address  himself  to  the  candidate  to  the  following  purpose: — 
"  In  the  name  of  the  Lord  Jesus  Christ,  and  by  that  authority  which  he 
* '  hath  given  to  the  Church  for  its  edification,  we  do  license  you  to  preach 
"  the  gospel,  wherever  God  in  his  providence  may  call  you:  and  for  tliis 
' '  purpose,  may  the  blessing  of  God  rest  upon  you,  and  the  Spirit  of  Christ 
' '  fill  your  heart.  — Amen  !' '  And  record  shall  be  made  of  the  licensure 
in  the  following  or  like  form:  viz. 

At  the  day  of  the  Presbytery 

of  having  received  testimonials  in  favor  of 

of  his  having  gone  through  a  regular  course  of  literature ;  of  his  good 
moral  character;  and  of  his  being  in  the  communion  of  the  Church: 
proceeded  to  take  the  usual  parts  of  trial  for  his  licensure :  and  he  having 
given  satisfaction  as  to  his  accomplishments  in  literature ;  as  to  his  experi- 
mental acquaintance  with  religion;  and  as  to  his  proficiency  in  divinity 
and  other  studies;  the  Presbyteiy  did,  and  hereby  do,  express  their 
approbation  of  all  these  parts  of  trial :  and  he  having  adopted  the  Con- 
fession of  Faith  of  this  Church,  and  satisfactorily  answered  the  questions 
appointed  to  be  put  to  candidates  to  be  licensed ;  the  Presbytery  did,  and 
hereby  do  license  him,  the  said  to  preach  the  gospel  of 

Christ,  as  a  probationer  for  the  holy  ministry,  within  the  bounds  of  this 
Presbytery,  or  wherever  else  he  shall  be  orderly  called. 

1.  Record  of  licensure  may  be  made  in  like  form. 

Is  it  right  for  a  Clerk  of  Presbytery,  in  recording  the  licensure  of  a 
candidate,  to  use  any  other  form  than  that  prescribed  in  the  book  ? 

Answered  in  the  affirmative.  See  above :  ' '  And  record  shall  be  made 
of  the  licensure  in  like  form." — 1866,  p.  54,  O.  S. 

IX.  When  any  candidate  for  licensure  shall  have  occasion,  while  his 
trials  are  going  on,  to  remove  from  the  bounds  of  his  own  Presbytery 
into  those  of  another,  it  shall  be  considered  as  regular  for  the  latter 
Presbytery,  on  his  producing  proper  testimonials  from  the  former,  to  take 
up  his  trials  at  the  point  at  which  they  were  left,  and  conduct  them  to  a 
conclusion,  in  the  same  manner  as  if  they  had  been  commenced  by  them- 
selves. 

[Note. — See  case  of  William  J.  Krieger,  under  Sec.  ii,  p.  550.] 

X.  In  like  manner,  when  any  candidate,  after  licensure,  shall,  by  the 
permission  of  his  Presbytery,  remove  mthout  its  limits,  an  extract  of 
the  record  of  his  licensure,  accompanied  with  a  Presbyterial  recommenda- 
tion, signed  by  the  Clerk,  shall  be  his  testimonials  to  the  Presbytery 
under  whose  care  he  shall  come. 


OP    LICENSING   CANDIDATES.  559 

XI.  Wljen  a  licentiate  shall  have  beeu  preaching  for  a  considerable 
time,  and  his  services  do  not  appear  to  be  edifying  to  the  churches,  the 
Presbytery  may,  if  they  think  proper,  recall  his  license. 

1.    Limitation  of  the  time  to  which  a  license  shall  extend  to 

four  years. 
Overture  from  the  Synod  of  Philadelphia,  asking  the  Assembly  to  define 
more  expjicitly  the  relations  of  Presbyteries  to  their  licentiates.     Also, 
from  the  Presbytery  of  Philadelphia  North,  and  from  the  Presbytery  of 
Northumberland,  on  the  same  subject. 

The  Committee  recommend  the  Assembly  to  adopt  the  following  rules: 

1.  Every  license  to  pi'each  the  Gospel  shall  expire  at  the  end  of  the 
period  of  four  years,  unless  the  candidate  holding  the  same  shall,  before 
the  expiration  of  that  time,  be  called  to  permanent  labor  in  the  work  of 
the  Church.  But  the  Presbytery  under  whose  care  such  licentiate  may 
be,  may,  in  its  discretion,  extend  his  license  for  the  period  of  one  year. 

2.  The  Presbyteries  are  enjoined  to  take  the  oversight  of  their  licen- 
tiates and  their  vacant  churches,  bringing  in  the  one  for  the  supply  of 
the  other,  and,  through  the  Home  Missionary  Committees  of  the  Synods 
to  which  the  Presbyteries  belong,  to  seek  to  introduce  their  candidates 
to  the  widest  fields  of  labor,  and  to  furnish  them  full  opportunity  of 
practically  showing  their  fitness  for  the  Christian  ministry.  Adopted. 
—1872,  p.  87. 

2.    Length  of  license  of  local  evangelists. 

a.  Overture  No.  65,  from  the  Presbytery  of  St.  Cloud,  concerning  the 
interpretation  of  "Constitutional  Rule  No.  1."  It  is  recommended  that 
Question  1 — "Is  a  Constitutional  Rule  of  the  same  force  as  if  it  were 
incorporated  in  the  Form  of  Government?  " — be  answered  in  the  aflSrm- 
ative.  That  Question  2 — "Is  the  rule  to  be  applied  to  all  local  evangel- 
ists, making  no  discriminations  as  to  the  man's  general  education,  expe- 
rience and  adaptability  to  the  work?" — be  answered,  The  rule  is  gen- 
eral in  its  application.  That  Question  3 — "Do  the  four  years  date  from 
the  time  of  his  being  received  under  care  of  the  Presbytery ' '  — be  an- 
swered, They  date  from  the  time  of  licensure.     Adopted. — 1897,  p.  133. 

b.  Overture  No.  32,  from  the  Presbytery  of  Saginaw,  in  reference  to 
"the  plan  of  educating  local  evangelists."  It  is  recommended  that 
while  the  employment  of  local  evangelists  is  not  to  be  altogether  discon- 
tinued. Presbyteries  are  hereby  directed  to  comply  exactly  in  this  matter 
with  the  regulations  of  Constitutional  Rule  No.  1,  and  the  resolutions  of 
the  General  Assembly.     Adopted. — 1897,  p.  132. 

[Note. — See  for  Constitutional  llule  No.  1,  p.  330.] 

3.    The  above  rule  does  not  abridge  the  power  of  the   Presbyteries 
to  license  in  extraordinary  cases. 

The  Standing  Committee  on  the  Polity  of  the  Church  reported: 
1.  A  memorial  from  the  Presbytery  of  Columbus,  asking  this 
General  Assembly  to  define  the  action  of  the  last  General  Assembly  ' '  in 
limiting  the  term  of  licensure  (^Minutes,  p.  87)  as  not  referring  to  the 
cases  of  laymen  who  are  licensed  with  a  view  of  their  higher  usefulness, 
and  not  with  a  \'iew  to  ordination." 

The  Committee  I'ecommend  this  minute  as  an  answer,  viz. :  The  Gen- 
eral Assembly  cannot  sanction  the  practice  of  licensure  as  a  means  to 


560  FORM  OF  GOVERNMENT,  CHAP.  XV. 

attain  a  higher  measure  of  usefuhiess  merely,  without  aiming  to  reach 
ordination,  as  this  would  be  virtually  to  make  two  grades  of  preaching 
officers.  But  the  rules  adopted  by  the  last  Assembly,  to  which  the 
memorial  refers,  should  not  be  construed  as  abridging  the  power  and 
discretion  of  the  Presbyteries  to  license  probationers  ' '  in  extraordinary 
cases"  (Form  of  Grovernment,  xiv,  vi).     Adopted. — 1873,  p.  524. 

4.    Discretion  of  the  Presbytery  in  granting  and  recalling  licenses. 

Overture  from  the  Presbytery  of  Westchester,  asking  the  Assembly 
to  determine,  1.  In  what  way  the  action  of  the  General  Assembly  of 
1872,  in  the  matter  of  limiting  licenses  to  preach  {Digest,  1873,  p.  401), 
shall  be  applied  to  those  who  were  licentiates  at  the  time  such  action  was 
taken. 

2.  In  what  sense  the  words  ' '  extraordinary  cases, ' '  in  the  action  of 
1873  on  this  subject  (401),  are  to  be  understood. 

3.  To  make  an  explicit  deliverance,  as  to  the  powers  of  the  General 
Assembly  over  the  functions  of  the  Presbytery  in  granting  and  continu- 
ing licenses  to  preach  the  Gospel. 

The  Committee  recommend  the  following  answer: 

1.  The  action  of  the  Assembly  of  1872  requires  that  all  licenses  then 
in  force  expire  in  four  years  from  the  date  of  that  action. 

2.  The  determination  of  the  sense  of  the  words  "  extraordinary 
cases"  must  be  left  to  the  Presbytery,  in  connection  with  the  circum- 
stances of  each  case. 

But  it  is  clear  that  their  reference  is  to  the  preparatory  studies  of  the 
candidates,  and  not  to  a  class  who  had  only  a  higher  usefulness,  and  not 
the  ministry  in  view. 

3.  The  Assembly  has  no  power  over  the  functions  of  the  Presbytery 
in  granting  and  continuing  licenses,  save  that  of  review  and  control. 
Adopted.— 1874,  pp.  81,  82. 

5.    Licentiates  belong  to  the  laity,  and  are  subject  to  the  Session, 

The  Committee  to  whom  was  recommitted  Overture  No.  1,  viz.:  The 
question  at  what  period  of  their  preparatory  course  are  candidates  for  the 
Christian  ministry  to  be  considered  as  dismissed  from  the  jurisdiction  of 
the  Session  and  transferred  to  the  Presbytery  ?  made  a  report,  which, 
being  read  and  amended,  was  adopted,  and  is  as  follows,  viz. : 

Whereas,  It  appears  necessary,  in  order  to  preserve  the  purity  of  the 
Church,  and  uniformity  of  procedure  in  the  judicatories  under  the  care 
of  the  General  Assembly,  that  the  manner  of  administering  discipline  to 
candidates  and  licentiates  for  the  Gospel  ministry  should  be  distinctly 
specified;  therefore, 

Resolved,  1.  That  as  the  Word  of  God  and  the  Constitution  of  the 
Presbyterian  Church  recognize  the  distinction  of  laity  and  clergy,  and  a 
system  of  procedure  in  discipline  in  some  respects  diverse,  as  the  one  or 
the  other  of  these  orders  of  men  is  concerned,  it  becomes  the  judicato- 
ries of  the  Church  to  guard  against  the  violation  of  this  principle  in  the 
administration  of  discipline. 

2.  That  although  candidates  and  licentiates  are  in  training  for  the 
Gospel  ministry,  and  in  consequence  of  this  are  placed  under  the  care  of 
Presbyteries,  and  in  certain  respects  become  immediately  responsible  to 
them,  yet  they  are  to  be  regarded  as  belonging  to  the  order  of  the  laity 
till  they  receive  ordination  to  the  whole  work  of  the  Gospel  ministry. 


ELECTION    AND   ORDi:^ATION    OF    PASTORS.  561 

3.  That  it  follows,  from  the  last  resolution,  that  when  candidates  for 
the  Gospel  ministry  are  discovered  to  be  unfit  to  be  proceeded  with  in 
trials  for  the  sacred  office,  it  shall  be  the  duty  of  the  Presbytery  to  arrest 
their  progress,  and  if  further  discipline  be  necessary,  to  remit  them  for 
that  purpose  to  the  Sessions  of  the  churches  to  which  they  properly 
belong,  and  that  when  licentiates  are  found  unworthy  to  be  permitted 
further  to  preach  the  Gospel,  it  shall  be  the  duty  of  the  Presbytery  to 
deprive  them  of  their  license,  and  if  further  'discipline  be  necessary,  to 
remit  them  for  that  purpose  to  the  Sessions  of  the  churches  to  which  they 
properly  belong. 

4.  That  in  order  to  ensure  the  proper  effect  of  discipline  in  the  per- 
formance of  the  duties  which  severally  belong  to  Sessions  and  Presbyteries, 
it  will  be  incumbent  on  church  Sessions,  when  they  shall  see  cause  to 
commence  process  against  candidates  or  licentiates  before  Presbytery  has 
arrested  the  trials  of  the  one  or  taken  away  the  licensure  of  the  other, 
to  give  immediate  notice  to  the  Moderator  of  the  Presbytery  to  which 
the  candidates  or  licentiates  are  amenable  that  such  process  has  been 
commenced,  to  the  intent  that  the  impropriety  may  be  prevented  of  aa 
individual  proceeding  on  trials  or  continuing  to  preach,  after  committing 
an  offense  that  ought  to  arrest  him  in  his  progress  to  an  investiture  with 
the  sacred  office ;  and  when  Presbyteries  shall  enter  upon  an  investiga- 
tion, with  the  view  of  stopping  the  trials  of  a  candidate  or  taking  away 
the  license  of  a  licentiate,  the  Session  to  which  such  candidates  or  licen- 
tiates are  amenable  shall  be  immediately  informed  of  what  the  Presby- 
tery is  doing,  that  the  Session  may  if  requisite  commence  process  and 
inflict  the  discipline  which  it  is  their  province  to  administer. — 1829,  pp. 
263,  264. 

6.    A  licentiate  may  solemnize  marriage  if  authorized  by  law. 

Resolved,  That  while  our  Form  of  Government  does  not  recognize 
licentiates  as  ministers  of  the  Gospel,  yet  this  Assembly  do  not  consider 
them  as  violating  any  rules  of  the  Church  by  solemnizing  marriages  in 
those  States  where  the  civil  laws  expressly  authorize  them  to  do  it. — ■ 
1844,  p.  377. 


CHAPTER  XV. 


OF  THE  ELECTION  AND    ORDINATION  OF  BISHOPS  OR 
PASTORS  AND  EVANGELISTS. 

I.  When  any  probationer  shall  have  preached  so  much  to  the  satisfac- 
tion of  any  congregation,  as  that  the  people  appear  prepared  to  elect  a 
pastor,  the  session  shall  take  measures  to  convene  them  for  this  purpose : 
and  it  shall  always  be  a  duty  of  the  session  to  convene  them,  when  a 
majority  of  the  persons  entitled  to  vote  in  the  case,  shall,  by  a  petition, 
request  that  a  meeting  may  be  called. 

1.  Steps  to  be  taken  by  a  vacant  congregation  looking  to  the 
election  of  a  pastor. 

The  business  left  unfinished  in  the  morning  was  resumed,  and  after  a 
full  discussion  of  the  subject,  the  motion  to  sustain  the  appeal  of  the 
36 


562  FORM    OF    GOVERNMENT,    CHAP.    XV. 

Session  of  the  Third  Presbyterian  Church  in  this  city  from  the  decision 
of  the  Synod  of  Philadelphia,  affirming  a  decision  of  the  Presbytery  of 
Philadelphia,  by  which  the  Presbytery  directed  the  said  Session,  within 
twenty  days  from  the  date  of  their  decision,  or  after  the  final  determina- 
tion of  the  case,  to  convene  the  congregation  for  the  purpose  of  electing 
a  pastor,  was  determined  in  the  affirmative ;  and  Dr.  Green,  Dr.  Neill 
and  Mr.  Richards  were  appointed  a  Committee  to  prepare  a  minute  stating 
the  principles  on  which  the  Assembly  sustained  the  appeal. 

The  Committee  appointed  to  prepare  a  statement  of  the  principles  and 
grounds  upon  which  the  Assembly  sustained  the  appeal  of  the  Session  of 
the  Third  Presbyterian  Church  in  tliis  city  reported,  and  their  report,  being 
read  and  amended,  was  adopted  in  the  words  following,  viz. : 

That  both  to  prevent  misapprehension  and  to  aid  the  congregations  and 
judicatures  of  this  church  in  deciding  on  any  similar  cases  that  may 
arise,  the  Assembly  therefore  declare, 

I.  That  in  vacant  congregations  which  are  fully  organized  the  Session 
of  each  congregation  are  to  determine,  under  their  responsibility  to  the 
higher  judicatures,  when  the  congregation  are  prepared  to  elect  a  pastor, 
as  directed  in  the  Form  of  Government  of  this  Church,  Chap,  xv. 
Sec.  i. 

II.  That  it  is  the  duty  of  the  Session,  when  a  congregation  is  vacant, 
to  use  their  best  endeavors  to  promote  the  settlement  of  a  pastor  in  the 
same,  in  the  speediest  manner  possible,  consistently  with  the  peace, 
order  and  edification  of  the  congregation ;  and  it  is  the  privilege  of  the 
people,  or  of  any  portion  of  them,  to  complain  to  the  Presbytery  when 
they  think  that  the  Session,  after  being  suitably  requested,  neglect  or 
refuse  to  convene  the  congregation  to  elect  a  pastor. 

III.  That  it  belongs  to  the  Presbyteries  to  take  cognizance  of  the 
proceedings  of  Sessions  and  congregations  in  the  important  concern  of 
settling  pastors,  and  to  adopt  the  most  effectual  measures  on  the  one 
hand  to  prevent  all  undue  delay  by  the  Session  or  the  people,  and  on 
the  other  to  prevent  all  precipitancy  in  the  settlement  of  any  minister 
or  the  adoption  of  any  system  of  proceedings  in  the  congregation  incon- 
sistent with  the  real  and  perman&nt  edification  of  the  people. 

IV.  That  by  the  due  and  discreet  observance  of  these  principles  by  all 
concerned  it  will  be  found  that,  so  far  from  the  Session  of  a  congregation 
having  it  in  their  power  to  deprive  a  majority  of  a  congregation  of  their 
right  to  make  an  election  of  a  pastor  when  sought  in  an  orderly  and 
Christian  manner,  or  to  keep  a  congregation  unsettled  for  an  indefinite 
length  of  time,  the  rights  of  the  people  will  be  most  effectually  secured, 
and  their  precious  and  inalienable  privilege  of  choosing  their  own  pastor 
will  be  exercised  by  them  in  the  shortest  period  which  their  own  real  bene- 
fit will  permit. 

V.  That  the  conviction  of  this  Assembly  that  the  foregoing  obvious 
and  constitutional  principles  had  not  been  duly  adhered  to  in  the  case 
before  them,  that  the  congregation  had  not  proceeded  with  a  suitable 
respect  to  the  Session,  and  that  the  Presbytery  did  not  adopt  the  most 
suitable  measure  when  they  advised  and  directed  the  Session  to  convene 
the  congregation  in  twenty  days,  has  led  the  Assembly  to  sustain  this 
appeal  as  the  measure  most  constitutional,  best  calculated  on  the  whole 
to  do  justice  to  all  the  parties  concerned,  and  to  point  the  way  to  the  most 
speedy  settlement  of  the  unhappy  differences  and  disorders  which  have 


ELECTION   AND   ORDINATION   OF   PASTORS.  563 

SO  long  existed  in  the  particular  congregation  immediately  concerned. 
—1814,  pp.  559,  560. 

II.  When  such  a  meeting  is  intended,  the  Session  shall  solicit  the  pres- 
ence and  counsel  of  some  neighboring  minister  to  assist  them  in  conduct- 
ing the  election  contemplated,  unless  highly  inconvenient  on  account  of 
distance;  in  which  case  they  may  proceed  without  such  assistance. 

[Note. — For  answer  to  the  question  who  may  moderate  a  Session,  see  under  Form 
of  Government,  Chap,  ix,  Sec.  iv,  2,  a,  6,  c,  etc.,  p.  163.] 

III.  On  a  Lord's  day,  immediately  after  public  worship,  it  shall  be 
intimated  from  the  pulpit,  that  all  the  members  of  that  congregation  are 
requested  to  meet  on  ensuing,  at  the  church,  or  usual  place 
for  holding  public  worship;  then  and  there,  if  it  be  agreeable  to  them, 
to  proceed  to  the  election  of  a  pastor  for  that  congregation. 

IV.  On  the  day  appointed,  the  minister  invited  to  preside,  if  he  be 
present,  shall,  if  it  be  deemed  expedient,  preach  a  sermon;  and  after 
sermon  he  shall  announce  to  the  people,  that  he  will  immediately  proceed 
to  take  the  votes  of  the  electors  of  that  congregation,  for  a  pastor,  if 
such  be  their  desire:  and  when  this  desire  shall  be  expressed  by  a  major- 
ity of  voices,  he  shall  then  proceed  to  take  votes  accordingly.  In  this 
election,  no  person  shall  be  entitled  to  vote  who  refuses  to  submit  to  the 
censures  of  the  Church,  regularly  administered  ;  or  who  does  not  contrib- 
ute his  just  proportion,  according  to  his  own  engagements,  or  the  rules  of 
that  congregation,  to  all  its  necessary  expenses. 

1.  Who  may  vote  in  the  election  of  a  pastor. 

a.     Action  of  the  General  Presbytery,  1711. 

Agreed  that  none  shall  be  allowed  to  vote  for  the  calling  of  a  minister 
but  those  that  shall  contribute  for  the  maintenance  of  him,  and  that  the 
major  vote  of  these  shall  be  determinative. — 1711,  p.  24. 

[Note. — The  above  decision  of  General  Presbytery  is  inserted  merely  as  history. 
The  present  law  of  the  Church  is  contained  in  Section  4,  Chap,  xv,  Form  of  Govern- 
ment, given  above,  which  has  been  in  force  since  1788.] 

b.  The  presiding  officer  may  not  disqualify  voters  whose  standing  has  not 
been  impaired  by  judicial  process. 

When  a  meeting  of  a  church  duly  called  is  held  for  the  election  of 
elders,  may  the  Moderator  presiding  at  such  meeting  disqualify  voters 
whose  standing  has  not  been  impaired  by  regular  judicial  process  ?  An- 
swered in  the  negative. — 1896,  p.  85. 

Resolved,  That  neither  the  presiding  officers  of  church  or  congrega- 
tional meetings,  nor  the  Sessions  of  churches,  possess  the  power  to  deprive 
communicant  members  in  good  standing  of  their  right  to  vote  at  meetings 
of  the  church  or  of  the  congregation,  except  by  due  process  of  law  in  ac- 
cordance with  the  provisions  of  the  Book  of  Discipline — 1897,  p.  139. 

C.     Right  of  voting  not  limited  to  communicants  unless  expressly  so 

declared. 
In   sustaining   a   complaint   of    R.   J.    Breckenridge,    D.D.,    et   at., 
*'  against  the  Synod  of  Kentucky  in  its  action  limiting  the  right  of 


564  FORM    OF    (iOVKllXMKNT,    CHAP.    XV. 

voting  in  the  election  of  a  pastor  to  communicating  members  of  the 
Church,"  the  Assembly 

Resolved,  That  the  complaint  be  sustained ;  but  the  Assembly  in  this 
judgment  does  not  intend  to  condemn  a  practice  prevalent  in  some  of  our 
congregations  in  which  the  right  of  voting  for  pastor  is  confined  to 
communicants. — 1863,  p.  71,  O.  S. 

d.      Overture  confining  the  vote  to  communicants  not  adopted. 

Overture  No.  3,  being  an  overture  from  the  Presbytery  of  Saline,  ' '  in 
favor  of  the  enactment  of  a  law  requiring  that  in  the  election  of  pastors, 
none  be  permitted  to  vote  except  communicants  in  good  and  regular 
standing;"  also,  "  that  when  any  candidate  is  before  a  church,  the 
church  shall  determine  whether  he  shall  be  called  to  the  pastorate  before 
any  other  candidate  shall  be  heard." 

The  Committee  recommend  for  answer:  That  in  regard  to  the  first 
point,  the  enactment  of  such  a  law  would  prohibit  a  usage  quite  exten- 
sive among  the  churches,  founded  upon  an  interpretation  of  the  jDresent 
law  which  has  heretofore  been  sanctioned  by  the  General  Assembly.  It 
is,  therefore,  deemed  inexpedient  upon  the  application  of  a  single  Pres- 
bytery to  recommend  such  alteration  in  the  Form  of  Government.  In 
regard  to  the  second  point,  it  need  only  be  said  that  the  authority  asked 
for  is  now  possessed  by  each  congregation,  and  may  be  exercised  or  not 
at  its  pleasure;  while  to  make  such  exercise  binding  by  positive  law 
would  deprive  all  congregations  of  a  present  liberty  the  use  of  which 
seems  wisely  left  to  their  discretion. 

The  report  was  adopted.— 1867,  p.  320,  O.  S. 

e.  All  communicant  members  have  right  to  vote  in  electing  a  pastor. 

Overture. — A  resolution  referred  to  them  by  the  General  Assembly: 

Resolved,  That  it  is  the  judgment  of  the  General  Assembly,  that  all 
members  of  the  church  in  full  communion  have  the  right  to  vote  in  the 
election  of  pastor  in  the  congregation  with  which  they  are  connected. 

The  Committee  recommend  that  the  resolution  be  affirmed,  subject  to 
the  conditions  mentioned  in  Sec.  iv.  Chap,  xv,  of  the  Form  of  Govern- 
ment.    Adopted.— 1879,  p.  630. 

2.  That  all  communicant  members  in  good  standing,  of  whatever  age 
or  sex,  and,  in  addition,  all  non -communicants  of  full  age  who  contribute 
regularly  to  church  support,  in  accordance  with  the  rules  of  the  congre- 
gations, are  qualified  voters  at  meetings  for  the  electiian  of  pastors — 1897, 
p.  138. 

f.  Members  of  the  congregation  who  contribute  to  the  support  of  the 

church  entitled  to  vote  in  the  election  of  a  pastor. 

A  request  from  the  Presbytery  of  New  Castle  for  an  answer  to  the 
following  question:  '•  Have  members  of  a  congregation,  not  communi- 
cants, who  regularly  contribute  their  due  proportion  of  the  necessary 
expenses  of  the  church  and  congregation,  a  right  to  vote  in  the  election 
of  a  pastor  ?' '  The  Committee  recommend  that  the  question  be  answered 
in  the  affirmative,  in  accordance  with  pre\'ious  deliverances — with  this 
special  appended  statement,  that  the  usage  of  some  congregations,  which 
confines  the  right  of  voting  for  a  pastor  to  communicants,  is  wholly 
legitimate,  and  might  profitably  become  more  prevalent. — 1886,  p.  48. 

That  it  is  the  right  of  each  one  of  our  congregations,  under  the  Consti- 


ELECTION    AND    ORDINATION    OF    PASTORS.  565 

tion  of  the  Church,  to  determine  by  rule  the  quaUfications  of  non-com- 
muuicauts  who  are  contributors  to  churcli  expenses,  as  voters  in  the 
election  of  pastors. — 1897,  p.  138. 

g.     Authoritative  lists  of  voters. 

Resolved,  2.  That  the  rolls  of  communicant  members  in  good  standing 
in  the  possession  of  the  clerks  of  Sessions  and  the  lists  of  regular  contribu- 
tors in  the  possession  of  the  secretary  or  treasurer  of  the  Board  of  Trus- 
tees, shall  be  the  authoritative  lists  of  voters  at  church  and  congregational 
meetings. — 1897,  p.  139. 

V.  AVhen  the  votes  are  taken,  if  it  appear  that  a  large  minority  of 

the  people  are  averse  from  the  candidate  who  has  a  majority  of  votes, 

and  cannot  be  induced  to  concur  in  the  call,  the  presiding  minister  shall 

endeavor  to  dissuade  the  congregation  from  prosecuting  it  further.      But 

if  the  people  be  nearly,  or  entirely,  unanimous ;  or  if  the  majority  shall 

insist  upon  their  right  to  call  a  pastor,  the  presiding  minister,  in  that 

<;ase,  after  using  his  utmost  endeavors  to  persuade  the  congregation  to 

unanimity,  shall   proceed  to  draw  a  call,   in  due  form,  and  to  have  it 

subscribed  by  the  electors ;  certifying  at  the  same  time,  in  writing,  the 

number  and  circumstances  of  those  who  do  not  concur  in  the  call :  all 

which  proceedings  shall  be  laid  before  the  Presbytery,  together  with  the 

•call. 

[Note. — The  presiding  minister  should  see  to  it  that  the  call  is  made  in  all  respects  in 
conformity  with  the  provisions  of  Chap,  xv,  Form  of  Government  (see  p.  568),  that 
the  persons  signing  the  call  are  empowered  to  do  so  by  the  vote  of  the  congregation, 
and  so  certify  the  Presbytery  by  his  indorsement  upon  the  call. J 

VI.  The  call  shall  be  in  the  following  or  like  form ;  viz. 

The  congi'egatiou  of  being,  on  sufficient  grounds,  well 

satisfied  of  the  ministerial  qualifications  of  you  and  having 

good  hopes,  from  our  past  experience  of  your  labors,  that  your  ministra- 
tions in  the  gospel  will  be  profitable  to  our  spiritual  interests,  do  earnestly 
call  and  desire  you  to  undertake  the  pastoral  office  in  said  congregation ; 
promising  you,  in  the  discharge  of  your  duty,  all  proper  support,  encour- 
agement and  obedience  in  the  Lord.  And  that  you  may  be  free  from 
worldly  cares  and  avocations,  we  hereby  promise  and  oblige  ourselves 
to  pay  to  you  the  sum  of  in  regular  quarterly  (or  half 

yearly,  or  yearly)  payments,  during  the  time  of  your  being  and  continuing 
the  regular  pastor  of  this  church.  In  testimony  whereof,  we  have  respec- 
tively subscribed  our  names,  this  day  of  A.D. 

Attested  by  A.  D.,  moderator  of  the  meeting. 

1.    Early  action.    Glebe  and  parsonage  recommended. 

That  in  every  congregation  a  Committee  be  appointed,  who  shall  twice 
in  every  year  collect  the  minister's  stipend  and  lay  his  receipts  before  the 
Pi'esbytery  preceding  the  Synod,  and  at  the  same  time  that  ministers 
give  an  account  of  their  diligence  in  visiting  and  catechising  their 
people. 


566  FORM  OF  GOVERNMENT,  CHAP.  XV. 

The  Synod  recommends  that  a  glebe,  with  a  convenient  house  and 
necessary  improvements,  be  provided  for  every  minister. — 1766,  p.  359. 

[Note. — See,  also,  under  No.  5,  p.  567.] 

2.    Adequate  provision  to  be  urged. 

The  Assembly  enjoins  it  upon  all  the  Presbyteries  "  that  they  will 
endeavor,  as  far  as  the  state  of  society  in  different  parts  of  our  Church 
will  permit,  to  withdraw  the  ministers  of  the  Gospel  from  every  worldly 
avocation  for  the  maintenance  of  themselves  and  families,  that  they  may 
devote  themselves  entirely  to  the  work  of  the  ministry;  and  that  for  this 
end  they  labor  to  convince  the  people  of  the  advantage  that  will  accrue 
to  themselves  from  making  such  adequate  provision  for  the  support  of 
their  teachers  and  pastors,  that  they  may  be  employed  wholly  in  their 
sacred  calling;  and  in  those  places  where  it  may  be  found  prudent  and 
practicable,  that  they  devise  means  to  have  the  contracts  between  congre- 
gations and  pastors  examined  in  the  Presbyteries  at  stated  periods, 
inquiries  instituted  with  regard  to  the  reciprocal  fulfillment  of  duties  and 
engagements,  and  endeavors  used  to  promote  punctuality  and  fidelity  in 
l)()th  parties,  before  distress  on  one  side  or  complaint  on  the  other  grow  to 
a  height  unfavorable  to  the  interests  of  religion. — 1799,  pp.  181,  182. 

3.    Liberality  in  support  of  the  ministry  urged. 

a.  The  following  preamble  and  resolution,  proposed  by  Elder  Walter 
S.  Griffith,  was  unanimously  adopted: 

Whereas,  It  is  highly  important  to  our  churches  that  they  be  served 
by  competent  ministers,  who  shall  be  free  from  worldly  cares  and  avoca- 
tions; whereas,  the  law  of  Christ  expressly  declai'es  "  that  they  which 
preach  the  Gospel  should  live  of  the  Gospel,"  and  that  he  "  that  is 
taught  in  the  Word  "  should  "  communicate  unto  him  that  teacheth  in 
all  good  things,"  thus  making  it  the  solemn  duty,  as  it  is  clearly  the 
interest,  of  Christian  churches  to  provide  for  their  ministers  a  competent 
and  liberal  support;  whereas,  the  cost  of  the  necessities  of  life  has 
advanced  so  greatly  as  to  render  the  salaries  heretofore  paid  to  many  of 
our  ministers  entirely  inadequate,  causing  to  them  and  to  their  families 
great  anxiety  and  distress ;  and  whereas,  tliis  subject  demands  at  this  time, 
and  should  not  fail  to  attract,  the  special  attention  of  every  Christian ; 
therefore, 

Resolved,  That  the  General  Assembly  earnestly  exhort  all  the  churches 
under  their  cai'e  to  consider  this  question  in  the  spirit  of  Christian  fidelity 
and  liberality,  and  to  make  ample  provision  for  those  Avho  minister  to 
them  in  word  and  doctrine,  stipulating  so  to  increase  their  compensation, 
when  necessary,  as  to  make  their  salai'ies  fully  adequate  to  their  com- 
fortable support,  in  view  of  the  enhanced  expenses  of  living,  and  paying 
the  amount  agreed  upon  with  honorable  and  Christian  promptitude. — 
1854,  p.  499,  N.  S. 

b.  A  memorial  from  the  Synod  of  New  York  on  the  subject  of  min- 
isterial support  was  referred  to  a  Committee  exclusively  of  elders,  one 
from  each  Synod. 

Judge  Fine,  from  the  Special  Committee  on  Ministerial  Support, 
presented  a  report,  which  was  read,  amended  and  adopted,  the  resolu- 
tions being  as  follows,  viz. : 

1.  Resolved,  That  we  affectionately  and  earnestly  recommend  to  the 
churches  under  our  care  that  they  scrupulously  avoid  holding  out  any 


ELECTION    AND   ORDINATION    OF   PASTORS.  567 

inducements  to  a  minister  to  become  their  stated  supply,  or  settled  pastor, 
which  will  not  be  realized. 

2.  Resolved,  That  we  earnestly  recommend  to  every  Presbytery  that, 
unless  suitable  provision  be  made  for  the  support  of  a  minister  or  stated 
supply,  they  decline  to  give  their  aid  or  sanction,  as  a  Presbytery,  to 
settle  him  in  any  congregation  which  is  able  to  furnish  such  suitable 
provision. 

3.  Resolved,  That  we  recommend  to  the  elders  and  deacons  and  trus- 
tees of  our  churches  and  congregations  to  meet  together  on  some  day 
before  the  first  of  November  next,  and  yearly  thereafter,  or  oftener  if 
necessary,  and  institute  the  inquiry  whether  the  minister  or  stated  supply 
is  properly  and  fully  supported,  and  if  they  find  that  he  is  not  so  sup- 
ported, to  take  immediate  measures  to  increase  liis  support,  and  report  to 
their  Presbytery  at  its  next  meeting. 

4.  Resolved,  That  we  recommend  to  the  Presbyteries  to  require  of 
every  minister  to  preach  on  the  subject  of  ministerial  support — ' '  that, 
laying  aside  all  false  delicacy,  they  enlighten  their  people  upon  this  as 
upon  any  other  branch  of  Christian  duty,  pleading  not  for  themselves, 
but  for  their  Master,  if  happily  they  may  reclaim  their  respective  charges 
from  a  grievous  sin  which  must  bring  down  God's  displeasure" — and 
that  the  Presbyteries  call  upon  every  minister  to  answer  whether  he  has 
complied  with  their  injunction. — 1854,  p.  40,  O.  S. 

[Note. — For  the  report  accompanying  the  resohitions  and  ordered  to  be  pubhshed 
and  read  in  the  churches,  see  Baird's  Digest,  revised  edition,  pp.  199-203.] 

4.    Presbytery  may  refuse  to  install  when  the  salary  is  insufficient. 

From  the  church  of  Paris,  111.:  "  When  a  congregation  and  minister 
agree  on  the  amount  of  salary  to  be  paid  and  received,  and  both  parties, 
being  fully  satisfied,  request  that  the  pastoral  relation  be  constituted 
according  to  the  order  of  the  Presbyterian  Church,  has  Presbytery  the 
right  to  refuse  to  install  because,  in  their  judgment,  the  salary  is  insufii- 
cient?"     Answered  in  the  affirmative. — 1855,  pp.  272,  282,  O.  S. 

5.    Congregations  urged  to  procure  parsonages. 

a.  For  the  purpose  of  facilitating  the  settlement  and  support  of  pas- 
tors and  to  guard  more  effectually  against  the  temptation,  or  almost 
necessity,  as  in  some  cases  seems  to  exist,  for  ministers  to  involve  them- 
selves, to  the  injury  of  their  usefulness,  in  procuring  accommodations 
for  themselves  and  families, 

1.  Resolved,  That  it  be  earnestly  recommended  to  our  churches,  wher- 
ever it  is  expedient  and  practicable,  to  provide  suitable  parsonages  for 
the  accommodation  of  their  pastors. 

2.  Resolved,  That  great  care  be  taken  to  have  these  parsonages  so 
guarded  by  legal  arrangements  as  most  eflTectually  to  prevent  controversy 
and  secure  their  perpetual  enjoyment  by  the  churches  providing  them  for 
the  continued  support  of  the  Gospel  through  coming  generations. — 1843, 
p.  193,  O.  S. 

b.  Resolved,  2.  That  the  Presbyteries  be  instructed  to  appoint  Stand- 
ing Committees  on  Manses,  so  that  the  subject  may  be  brought  regularly 
and  statedly  before  them  for  consideration,  and  that  information  may  be 
disseminated  widely  among  the  churches. 

Resolved,  3.  That  ministers  and  elders  be  requested  to  press  this 
matter  upon  the  attention  of  the  churches  and  people,  and  strive  to  create 


568  FORM  OF  GOVERNMENT,  CHAP.  XV. 

and  extend  a  healthy  state  of  mind  and  feeling  on  the  subject,  and  stimu- 
late them  in  the  effort  to  provide  manses,  and,  even  in  those  churches 
where  the  way  may  not  be  clear  to  build  at  once,  urge  upon  them  the 
work  of  preparation  by  securing  suitable  lots  of  ground  for  building  when 
the  proper  time  may  come,  and  that  such  provision  of  ground,  whether 
in  town  or  country,  should  be  on  a  liberal  scale. — 1872,  p.  37. 

[Note. — See  Form  of  Government  Chap,  xii,  Sec.  v  (p.  377),  under  the  head  of 
"Manses."] 

VII.  But  if  any  congregation  shall  choose  to  subscribe  their  call  by 
their  elders  and  deacons,  or  by  their  trustees,  or  by  a  select  committee, 
they  shall  be  at  liberty  to  do  so.  But  it  shall,  in  such  case,  be  fully 
certified  to  the  Presbytery,  by  the  ministei',  or  other  person  who  presided, 
that  the  persons  signing  have  been  appointed,  for  that  purpose,  by  a 
public  vote  of  the  congregation ;  and  that  the  call  has  been,  in  all  other 
respects,  prepared  as  above  directed. 

VIII.  When  a  call  shall  be  presented  to  any  minister  or  candidate,  it 
shall  always  be  viewed  as  a  sufficient  petition  from  the  people  for  his 
installment.  The  acceptance  of  a  call,  by  a  minister  or  candidate,  shall 
always  be  considered  as  a  request,  on  his  part,  to  be  installed  at  the  same 
time.  And  when  a  candidate  shall  be  ordained  in  consequence  of  a  call 
from  any  congregation,  the  Presbytery  shall,  at  the  same  time,  if  prac- 
ticable, install  him  pastor  of  that  congregation. 

1.  Installation  of  pastors  elect  insisted  on,  and  none  to  be  designated 
as  P.  E.  whose  call  has  not  been  regularly  acted  on. 

The  Committee  of  Bills  and  Overtures  reported  the  following  resolu- 
tion : 

Whereas,  It  is  commonly  reported  that  in  several  of  our  Presbyteries 
the  custom  prevails,  first,  of  permitting  ministers  who  have  received  calls 
from  churches  to  serve  such  churches  through  a  series  of  years  without 
installation;  and,  secondly,  of  placing  the  names  of  such  ministers  in 
the  statistical  tables  as  pastors  elect  (P.E.);  and, 

Whereas,  Such  customs  are  manifestly  inconsistent  with  the  express 
requirements  or  implications  of  Form  of  Government,  Chaps,  xv,  viii, 
and  xvi,  iii;  therefore, 

Resolved,  That  all  our  Presbyteries  be  enjoined: 

1.  To  take  order  that  as  soon  as  possible  after  a  licentiate  or  ordained 
minister  has  been  called  by  a  church  and  the  call  been  approved  and 
accepted  such  person  be  installed  as  pastor  of  the  church  calling  him. 

2.  To  place  the  names  of  none  in  the  statistical  tables  as  pastors  elect 
(P.  E. )  whose  calls  have  not  been  regularly  approved  by  the  Presbytery 
having  charge  of  the  church  issuing  the  call,  and  who  have  not 
signified  their  acceptance  thereof  and  readiness  for  installation. 
Adopted.— 1886,  p.  56. 

IX.  The  call,  thus  prepared,  shall  be  presented  to  the  Pi'esbytery, 
under  whose  care  the  person  called  shall  be ;  that,  if  the  Presbytery 
think  it  expedient  to  present  the  call  to  him,  it  may  be  accordingly  pre- 
sented :  and  no  minister  or  candidate  shall  receive  a  call  but  through  the 
hands  of  the  Presbytery. 


ELECTION    AND    ORDINATION    OF    PASTORS.  569 

1.    The  Presbytery  may  refuse  to  permit  a  call. 

a.  The  unfiuished  business  of  yesterday,  viz.,  an  appeal  from  a 
decision  of  the  Synod  of  Pliiladelphia,  affirming  a  decision  of  the  Pres- 
bytery of  Carlisle,  in  which  decision  the  Presbytery  resolved  not  to  put 
into  his  hands  a  call  for  the  Rev.  Henry  R.  Wilson  from  the  congrega- 
tion of  Carlisle. 

Resolved,  That  the  decision  of  the  Synod   of  Philadelphia  be  affirmed. 
And  it  was  accordingly  affirmed. — 1814,  p.  548. 

b.  The  business  left  unfinished  yesterday  was  resumed,  viz.,  the  consid- 
eration of  the  appeal  of  the  Presbytery  of  Hudson  from  a  decision  of  the 
Synod  of  New  York  and  New  Jersey,  reversing  a  decision  of  said  Pres- 
bytery, by  which  the  Presbytery  determined  not  to  give  leave  to  the 
congregation  of  Goodwill  to  prosecute  before  the  Presbytery  of  New 
York  a  call  which  they  had  prepared  for  the  Rev.  William  Gray,  a 
member  of  that  Presbytery. 

It  was  moved  and  seconded  that  the  appeal  of  the  Presbytery  of  Hud- 
son be  sustained.  After  a  full  discussion  of  the  subject,  the  question 
being  taken  on  this  motion,  it  was  determined  in  the  affirmative,  and  the 
appeal  was  therefore  sustained. — 1817,  p.  644. 

C.  No.  1  is  an  appeal  and  complaint  of  the  Rev.  Mr.  Edgar  from  the 
action  of  the  Synod  of  Erie,  sustaining  the  action  of  the  Presbytery  of 
Clarion  in  refusing  to  put  a  call  from  the  church  of  Collinsburgh  into 
his  hands.  The  Judicial  Committee  recommend  that,  as  the  General 
Assembly  have  repeatedly  decided  that  Presbyteries  have  discretionary 
power  in  such  cases  (see  Digest,  pp.  548,  549),  which  decisions  are 
clearly  in  accordance  with  the  Form  of  Government  (see  Chap,  xv. 
Sec.  ix),  therefore,  the  appeal  and  complaint  be  dismissed.  Adopted. 
—1875,  p.  510. 

[Note. — Cases  involving  discretionary  power  now  end  with  the  Sjniod.] 

X.  If  the  call  be  to  a  licentiate  of  another  Presbytery,  in  that  case 

the  commissioners  deputed  from  the  congregation  to  prosecute  the  call, 

shall  produce,  to  that  judicatory,  a  certificate  from  their  own  Presbytery, 

regularly  attested  by  the  moderator  and  clerk,  that  the  call  has  been  laid 

before  them,  and  that  it  is  in  order.      If  that  Presbytery  present  the  call 

to  their  licentiate,  and  he  be  disposed  to  accept  it,  they  shall  then  dismiss 

him  from  their  jurisdiction,  and  require  him  to  repair  to  that  Presbytery, 

into  the  bounds  of  which  he  is  called ;  and  there  to  submit  himself  to  the 

usual  trials  preparatory  to  ordination. 

[Note. — To  facilitate  the  business  and  avoid  expense  and  delay,  it  has  becorne 
common  usage  for  the  pandidate  to  obtain  a  dismission  to  the  Presbytery  within 
whose  bounds  the  congregation  seeking  his  services  is  located ;  then  being  received  by 
that  Presbytery,  the  proceedings  are  as  in  the  case  of  their  own  candidates.] 

XI.  Trials  for  ordination,  especially  in  a  different  Presbytery  from 
that  in  which  the  candidate  was  licensed,  shall  consist  of  a  careful 
examination  as  to  his  acquaintance  with  experimental  religion;  as  to  his 
knowledge  of  philosophy,  theology,  ecclesiastical  history,  the  Greek  and 
Hebrew  languages,  and  such  other  branches  of  learning  as  to  the  Pres- 
bytery may  appear  requisite;  and  as  to  his  knowledge  of  the  constitution, 
the  rules  and  principles  of  the  government  and  discipline  of  the  church ; 


570  FORM  OF  GOVERNMENT,  CHAP.  XV. 

together  with  such  written  discourse,  or  discourses,  founded  on  the  word  of 
God  as  to  the  Presbytery  shall  seem  proper.  The  Presbytery,  being 
fully  satisfied  with  his  qualifications  for  the  sacred  office,  shall  appoint  a 
day  for  his  ordination,  which  ought  to  be,  if  convenient,  in  that  church 
of  which  he  is  to  be  the  minister.  It  is  also  recommended  that  a  fast 
day  be  observed  in  the  congregation  previous  to  the  day  of  ordination. 

1.  Ordination  on  the  Sabbath  discouraged,  but  at  the  discretion  of 

the  Presbytery. 

An  overture  was  received  from  the  Presbytery  of  Orange,  requesting  the 
opinion  of  the  General  Assembly  on  the  question  whether  it  be  proper 
to  ordain  licentiates  to  the  office  of  the  Gospel  ministry  on  the  Sabbath 
day.  The  General  Assembly  think  it  would  not  be  for  edification  to 
adopt  a  uniform  rule  on  the  subject.  In  general  they  think  it  is  not 
expedient  that  ordinations  should  take  place  on  the  Sabbath,  yet  that 
there  may  be  cases  in  which  urgent  or  peculiar  circumstances  may 
demand  them.  The  Assembly,  therefore,  judged  it  best  to  leave  it  to  the 
Presbyteries  to  act  in  this  concern  as  they  may  judge  that  their  duty 
requires. — 1821,  p.  10. 

XII.  The  day  appointed  for  ordination  being  come,  and  the  Presby- 
tery convened,  a  member  of  the  Presbytery,  previously  appointed  to  that 
duty,  shall  preach  a  sermon  adapted  to  the  occasion.  The  same,  or 
another  member  appointed  to  preside,  shall  afterward  briefly  recite  from 
the  pulpit,  in  the  audience  of  the  people,  the  proceedings  of  the  Presby- 
tery preparatory  to  this  transaction :  he  shall  point  out  the  nature  and 
importance  of  the  ordinance ;  and  endeavor  to  impress  the  audience  with 
a  proper  sense  of  the  solemnity  of  the  transaction. 

Then,  addressing  himself  to  the  candidate,  he  shall  propose  to  him  the 
following  questions,  viz. : 

1.  Do  you  believe  the  Scriptures  of  the  Old  and  New  Testaments  to 
be  the  Word  of  God,  the  only  infallible  rule  of  faith  and  practice  ? 

2.  Do  you  sincerely  receive  and  adopt  the  Confession  of  Faith  of  this 
Church,  as  containing  the  system  of  doctrine  taught  in  the  Holy  Scrip- 
tures ? 

3.  Do  you  approve  of  the  government  and  discipline  of  the  Presby- 
terian Church  in  these  United  States  ? 

4.  Do  you  promise  subjection  to  your  brethren  in  the  Lord  ? 

5.  Have  you  been  induced,  as  far  as  you  know  your  own  heart,  to  seek 
the  office  of  the  holy  ministry  from  love  to  God,  and  a  sincere  desire  to 
promote  his  glory  in  the  gospel  of  his  Son? 

6.  Do  you  promise  to  be  zealous  Jind  faithful  in  maintaining  the  truths 
of  the  gospel,  and  the  purity  and  peace  of  the  Church ;  whatever  perse- 
cution or  opposition  may  arise  unto  you  on  that  account  ? 

7.  Do  you  engage  to  be  faithful  and  diligent  in  the  exercise  of  all 
private  and  personal  duties,  which  become  you  as  a  Christian  and  a  min- 
ister of  the  gospel ;  as  well   as  in  all  relative  duties,    and  the  public 


ELECTION    AND    ORDINATION    OF    PASTORS.  571 

duties  of  your  office;  endeavoring  to  adorn  the  profession  of  the  gospel 
by  your  conversation ;  and  walking  with  exemplary  piety  before  the  flock 
over  which  God  shall  make  you  overseer  ? 

8.  Are  you  now  willing  to  take  the  charge  of  this  congregation,  agree- 
ably to  your  declaration  at  accepting  their  call  ?  And  do  you  promise  to 
discharge  the  duties  of  a  pastor  to  them,  as  God  shall  give  you  strength  ? 

1.    The  assent  embraces  the  Larger  and  Shorter  Catechisms. 

Overture  No.  1. — The  following  inquiry  from  members  of  the  Presby- 
tery of  Nashville:  "  When  ministers  and  other  officers  are  ordained  in 
the  Presbyterian  Church,  and  give  an  affirmative  answer  to  the  question, 
Do  you  sincerely  receive  and  adopt  the  Confession  of  this  Church  as 
containing  the  system  of  doctrines  taught  in  the  Holy  Scriptures  ?  are 
such  ministers  and  officers  to  be  understood  as  embracing  and  assenting 
to  the  doctrines,  principles,  precepts  and  statements  contained  in  the 
Larger  and  Shorter  Catechisms  in  the  same  unqualified  sense  in  which 
they  are  understood  to  embrace  and  assent  to  the  doctrines,  principles, 
precepts  and  statements  contained  in  other  parts  of  the  Confession  of 
Faith  ?" 

The  Committee  recommended  that  the  question  be  answered  in  the 
affirmative;  and  the  recommendation  was  adopted. — 1848,  p.  18,  O.  S. 

[Note. — See,  also,  No.  4,  p.  8,  this  Digest.] 

2.    Ordination  by  a  commission  is  unconstitutional. 

[Note. — See  under  Form  of  Government,  Chap,  x,  Sec.  viii,  p.  190 ;  Minutes,  1894, 
p.  76.] 

XIII.  The  candidate  having  answered  these  questions  in  the  affirma- 
tive, the  presiding  minister  shall  propose  to  the  people  the  following 
questions: — 

1.  Do  you,  the  people  of  this  congregation,  continue  to  profess  your 
readiness  to  receive  whom  you  have  called  to  be  your 
minister  ? 

2.  Do  you  promise  to  receive  the  word  of  truth  from  his  mouth,  with 
meekness  and  love;  and  to  submit  to  him  in  the  due  exercise  of  disci- 
pline ? 

3.  Do  you  promise  to  encourage  him  in  his  arduous  labor,  and  to 
assist  his  endeavors  for  your  instruction  and  spiritual  edification  ? 

4.  And  do  you  engage  to  continue  to  him,  while  he  is  your  pastor,  that 
competent  worldly  maintenance  which  you  have  promised;  and  whatever 
else  you  may  see  needful  for  the  honor  of  religion,  and  his  comfort  among 
you  ? 

XIV.  The  people  having  answered  these  questions  in  the  affirmative, 
by  holding  up  their  right  hands,  the  candidate  shall  kneel  down  in  the 
most  convenient  part  of  the  church.  Then  the  presiding  minister  shall, 
by  prayer,  and  with  the  laying  on  of  the  hands  of  the  Presbytery, 
according  to  the  apostolic  example,  solemnly  ordain  him  to  the  holy 
office  of  the  gospel  ministry.     Prayer  being  ended,  he  shall  rise  from  his 


572  FORM    OF    GOVERNMENT,    CHAP.    XV. 

knees;  and  the  minister  who  presides  shall  first,  and  afterward  all  the 
members  of  the  Presbytery  in  their  order,  take  him  by  the  right  hand, 
saying,  in  words  to  this  purpose,  "  We  give  you  the  right  hand  of 
fellowship,  to  take  part  of  this  ministry  with  us. ' '  After  which  the  minis- 
ter presiding,  or  some  other  appointed  for  the  purpose,  shall  give  a  solemn 
charge  in  the  name  of  God,  to  the  newly  ordained  bishop,  and  to  the 
people,  to  persevere  in  the  discharge  of  their  mutual  duties;  and  shall 
then,  by  prayer,  recommend  them  both  to  the  grace  of  God,  and  his  holy 
keeping,  and  finally,  after  singing  a  psalm,  shall  dismiss  the  congrega- 
tion with  the  usual  blessing.     And  the  Presbytery  shall  duly  record  the 

transaction. 

1.    Lay  ordination  invalid. 

The  Committee  to  whom  was  referred  Overture  No.  15,  viz.,  on  ordi- 
nation by  a  deposed  minister  or  by  laymen,  made  the  following  report, 
which  was  adopted,  viz. : 

That  this  paper  contains  a  letter  from  a  minister  in  South  Carolina  to 
the  Stated  Clerk,  requesting  him  to  obtain  a  decision  of  the  General 
Assembly  on  the  question,  "  whether  the  ordination  of  a  minister  of  the 
Gospel  by  the  interposition  of  the  hands  of  the  laity  is  valid  ?' ' 

That  the  answer  to  this  question  should  be  in  the  negative  is  so  obvi- 
ous and  evident  on  all  correct  principles  of  ecclesiastical  order,  that  your 
Committee  are  of  opinion  that  it  is  unnecessary  for  the  General  Assem- 
bly to  give  any  further  consideration  to  the  subject. — 1832,  p.  366, 

2.  Elders  not  to   participate  in  the  ordination  of  ministers  by  the 

laying  on  of  hands. 

[Note. — See  under  Form  of  Government,  Chap,  v,  "  Of  Ruling  Elders,"  p.  149, 
No.  9.1 

3.  An  elder,  being  Moderator  of  Presbytery,  cannot  preside  at  the 
ordination  of  a  minister,  nor  propound  the  constitutional  ques- 
tions, nor  take  part  in  the  laying  on  of  hands  of  the  Presbytery, 
nor  make  the  ordaining  prayer. 

An  overture  from  the  Presbytery  of  Freeport,  asking:  Can  an  elder, 
being  Moderator  of  Presbytery,  preside  at  the  ordination  of  a  minister, 
propound  the  constitutional  questions,  take  part  in  the  laying  on  of  the 
hands  of  the  Presbytery,  and  make  the  ordaining  prayer  ? 

Answer:  The  Form  of  Government,  Chap,  xv.  Sec.  xii,  speaks  of  "  a 
member  of  Presbytery  appointed  to  preside  ' '  at  the  ordination  of  a 
minister.  Sec.  xiii  refers  to  this  officer  as  ' '  the  presiding  minister. ' ' 
Sec.  xiv  says,  ' '  the  presiding  minister  shall  by  prayer  and  with  the 
laying  on  of  the  hands  of  the  Presbytery  ....  solemnly  ordain." 
That  this  "  laying  on  of  hands"  does  not  include  the  elders  is  clear 
from  the  subsequent  record,  that  all  the  members  take  the  newly  ordained 
minister  by  the  hand,  saying,  ' '  We  give  you  the  right  hand  of  fellow- 
ship, to  take  part  of  this  ministry  with  us." 

The  Assembly  therefoi-e  answers  that  "  an  elder  being  Moderator  of 
Presbytery"  cannot  preside  at  the  ordination  of  a  minister,  nor  pro- 
pound the  constitutional  questions,  nor  take  part  in  the  laying  on  of  the 
hands  of  the  Presbytery,  nor  make  the  ordaining  praver.  Adopted.  — 
1890,  p.  113. 


ELECTION    AND    ORDINATION    OF    PASTORS,  573 

4.    The  part  which  ministers  of  other  bodies  may  take  in 
ordinations  and  installations. 

Overture,  from  the  Presbytery  of  Zanesville,  on  the  part  which  minis- 
ters of  other  bodies  may  take  in  Presbyterial  proceedings  in  ordinations 
and  installations.  Your  Committee  would  recommend  the  following 
answer:  The  spirit  of  the  directions  of  our  Form  of  Government  indi- 
cates that,  in  all  ordinary  cases,  the  charges  should  be  given  by  members 
of  the  Presbytery;  recognizing,  however,  the  episcopal  power  of  the 
Presbytery  to  deal  with  special  cases  as  discretion  may  dii-ect.  Adopted. 
—1893,  p.  71. 

XV.  As  it  is  sometimes  desirable  and  important  that  a  candidate  who 
has  not  received  a  call  to  be  the  pastor  of  a  particular  congregation,  should, 
nevertheless,  be  ordained  to  the  work  of  the  gospel  ministry,  as  an  evan- 
gelist to  preach  the  gospel,  administer  sealing  ordinances,  and  organize 
churches,  in  frontier  or  destitute  settlements;  in  this  case,  the  last  of  the 
preceding  questions  shall  be  omitted,  and  the  following  used  as  a  substi- 
tute : — viz. 

Are  you  now  willing  to  undertake  the  work  of  an  evangelist;  and  do 
you  promise  to  discharge  the  duties  which  may  be  incumbent  on  you  in 
this  character  as  God  shall  give  you  strength  ? 

1.    Ordination  as  an  evang^elist  to  labor  in  feeble  churches. 

Is  it  or  is  it  not  in  accordance  with  the  principles  of  the  Presbyterian 
Church  to  ordain  evangelists  to  labor  in  fields  having  feeble  churches 
which  are  not  able  to  support  a  pastor,  and  are  too  remote  conveniently 
to  secure  the  services  of  an  ordained  minister  ? 

To  ordain  evangelists  under  the  specified  circumstances  is  in  accord- 
ance with  the  practice  of  the  Church,  and  is  no  infraction  of  any  of  its 
laws.— 1850,  p.  454,  O.  S. 

2.    Ordination  of  a  licentiate  who  proposed  to  continue  teaching-. 

The  Presbytery  of  Philadelphia  submitted  to  the  Assembly  for  their 
decision  the  case  of  Mr.  John  Jones,  a  licentiate  under  their  care,  who  at 
their  last  sessions  had  requested  that  the  Presbytery  would  take  measures 
to  ordain  him  sine  titulo.  The  Presbytery  stated  that  Mr.  Jones  had 
been  a  licensed  candidate  for  a  number  of  years ;  that  he  had  always 
sustained  a  good  and  consistent  character;  that  he  was  engaged  in  teach- 
ing an  academy,  and  was  so  circumstanced  that  his  being  ordained  might 
render  him  more  extensively  useful.  The  Assembly  having  considered 
the  case, 

Resolved,  That  the  Presbytery  of  Philadelphia  be  permitted  and 
authorized  to  ordain  Mr.  Jones  to  the  work  of  the  Gospel  ministry  sine 
titulo,  provided  the  Presbytery,  from  a  full  view  of  his  qualifications  and 
other  attending  circumstances,  shall  think  it  expedient  so  to  ordain  him. 
—1807,  p.  386. 

3.    Presbyteries  should  not  ordain  the  candidates  of  other 
Presbyteries. 

1.  That  it  be  earnestly  recommended  to  all  our  Presbyteries  not  to 
ordain  sine  titulo  any  men  who  propose  to  pursue  the  work  of  their  min- 
istry in  any  sections  of  the  country  where  a  Presbytery  is  already  organ- 
ized to  which  they  may  go  as  licentiates  and  receive  ordination. 


574  FORM  OF  GOVERNMENT,  CHAP.  XVI. 

2.  That  the  several  bodies  with  which  we  are  in  frienrlly  correspon- 
dence in  the  New  England  States  be  respectfully  requested  to  use  their 
counsel  and  influence  to  prevent  the  ordination,  by  any  of  their  councils 
or  consociations,  of  men  who  propose  to  pursue  the  work  of  the  ministry 
within  the  bounds  of  any  Presbytery  belonging  to  the  General  Assembly 
of  the  Presbyterian  Church,  and  that  the  delegates  from  this  Assembly 
to  those  bodies  respectively  be  charged  with  communicating  this  resolu- 
tion.—1834,  p.  428. 

4.    Ordination  sine  titnlo. 

The  Synod  would  bear  testimony  against  the  late  too  common,  and  now 
altogether  unnecessary,  practice  of  some  Presbyteries  in  the  north  of 
Ireland,  viz. ,  their  ordaining  men  to  the  ministry  sine  titulo  immediately 
before  they  come  over  hither,  thereby  depriving  us  of  our  just  rights, 
viz.,  that  we,  unto  whom  they  are  designed  to  be  co-presbyters,  and 
among  whom  they  design  to  bestow  their  labors,  should  have  just  and 
fair  inspecting  into  their  qualifications;  we  say  it  seems  necessary  that 
the  Synod  bear  testimony  against  such  practice  by  writing  home  to  the 
General  Synod,  thereby  signifying  our  dissatisfaction  with  the  same. — 
1735,  p.  119. 

[Note. — See  for  particular  cases,  Moore's  Diqest,  1886,  pp.  413415.  The  early  \isage 
was  for  the  Presbytery  proposing  to  ordain  a  licentiate  sine  titulo  to  ask  the  consenc  of 
the  General  Synod,  and  after  1789  of  the  General  Assembly.  Minutes,  1764,  p.  337 ;  1775, 
p.  465 ;  1795,  p.  98  ;  1798,  p.  146  ;  1799,  p.  172  ;  1805,  p.  337  ;  1809,  p.  415  ;  1810,  p.  459.] 

5.    Ordination  sine  titulo.    Overture  on  rejected. 

a.  The  following  overture  was  brought  in  and  read,  viz. : 

In  what  cases,  except  the  one  provided  for  in  the  fifteenth  chapter  of 
the  Constitution  of  our  Church,  may  a  Presbytery  ordain  a  man  to  the 
work  of  the  Gospel  ministry  without  a  call  to  a  particular  charge  ? — 
1810,  p.  456. 

This  overture  was  referred  to  Drs.  Miller  and  Green,  Messrs.  Nathan, 
Grier,  Anderson  and  Campbell,  as  a  Committee. — 1811,  p.  464. 

This  Committee  reported  as  follows,  viz. : 

Whereas,  There  may  exist  cases  in  which  it  may  be  needful  for  Pres- 
byteries to  ordain  without  a  regular  call ;  but  as  the  frequent  exercise  of 
this  power  may  be  dangerous  to  the  Church,  and  as  this  case  does  not 
appear  to  be  fully  provided  for  in  our  Constitution  and  Book  of  Disci- 
pline, 

Resolved,  That  the  following  rule  be  submitted  to  the  Presbyteries  for 
their  opinion  and  approbation,  which,  when  sanctioned  by  a  majority 
of  the  Presbyteries  belonging  to  the  Church,  shall  become  a  constitutional 
rule,  viz. : 

That  it  shall  be  the  duty  of  Presbyteries  when  they  think  it  necessary 
to  ordain  a  candidate  without  a  call  to  a  ]3articular  congregation  or  con- 
gregations to  take  the  advice  of  their  respective  Synods  or  of  the 
General  Assembly  before  they  proceed  to  this  ordination. — 1811,  p.  474. 

Answered  in  the  negative — 11  to  7 — and  the  subject  dismissed. — 1812, 
p.  494. 

b.  In  1813  another  rule  was  proposed,  viz. :  The  rule  proposed  and  on 
which  an  affirmative  or  negative  vote  of  the  Presbyteries  is  required  is 
in  the  following  words,  viz. : 

It  shall  be  the  duty  of  Presbyteries,  when  they  think  it  necessary  to 
ordain  a  candidate  without  a  call  to  a  particular  pastoral  charge  to  take 


OF   TRANSLATION   OR   REMOVING   A    MINISTER.  575 

the  advice  of  a  Synod  or  of  the  General  Assembly  before  they  proceed 
to  such  ordination. — 1813,  p.  524. 

Of  the  Presbyteries  answering  this  overture  twenty-six  replied  in  the 
negative  and  four  in  the  affirmative. — 1814,  p.  558. 

6.    Censure  of  Synod  for  ordination  sine  titulo  not  sustained. 

The  records  of  the  Synod  of  Illinois  were,  on  the  recommendation  of 
the  Committee,  approved,  with  the  exception  of  a  censure,  on  p.  209,  of 
the  action  of  Knox  Presbytery,  for  ordaining  a  man  when  there  was  no 
call  from  any  part  of  the  Church. — 1843,  p.  17,  N.  S. 

[Note. — The  whole  matter  is  at  the  discretion  of  the  Presbytery.] 

7.    Missionaries  may  not  ordain  ministers. 

[Note.— See  No.  7,  p.  194,  this  Digest.'\ 

8.    Nor  organize  a  church  within  the  limits  of  a  Presbytery  without 
leave  of  the  Presbytery. 

No  church  shall  be  organized  by  a  missionary  within  the  limits  of  any 
Presbyteiy,  unless  authority  has  previously  been  obtained  from  the  Pres- 
bytery.—1883,  p.  644. 

CHAPTER  XVI. 

OF  TRANSLATION  OR  REMOVING  A   MINISTER  FROM 

ONE  CHARGE  TO  ANOTHER. 

I.  No  bishop  shall  be  translated  from  one  church  to  another,  nor  shall 
he  receive  any  call  for  that  purpose,  but  by  permission  of  the  Presbytery. 

1.    Removal  without  consent  of  Presbytery. 

The  Presbytery  of  East  Jersey  having  reported  that  Mr.  Jolin  Cross 
has,  without  the  concurrence  of  Presbytery,  removed  from  one  congre- 
gation to  another,  the  Synod  do  declare  that  the  conduct  of  such  minis- 
ters ....  that  take  charge  of  any  congregation  without  the  Presby- 
teries' concurrence,  to  be  disorderly  and  justly  worthy  of  Presbyterial 
censure,  and  do  admonish  said  Mr.  Cross  to  be  no  further  chargeable 
with  such  irregularities  in  the  future. — 1735,  p.  115. 

II.  Any  church  desiring  to  call  a  settled  minister  from  his  present 
charge,  shall,  by  commissioners  properly  authorized,  represent  to  the 
Presbytery  the  ground  on  which  they  plead  his  removal.  The  Presby- 
tery, having  maturely  considered  their  plea,  may,  according  as  it 
appears  more  or  less  reasonable,  either  recommend  to  them  to  desist  from 
prosecuting  the  call,  or  may  order  it  to  be  delivered  to  the  minister  to 
whom  it  is  directed.  If  the  parties  be  not  prepared  to  have  the  matter 
issued  at  that  Presbytery,  a  written  citation  shall  be  given  to  the  minis- 
ter and  his  congregation,  to  appear  before  the  Presbytery  at  their  next 
meeting.  This  citation  shall  be  read  from  the  pulpit  in  that  church,  by 
a  member  of  the  Presbytery  appointed  for  that  purpose,  immediately 
after  public  worship;  so  that  at  least  two  Sabbaths  shall  intervene 
betwixt  the  citation  and  the  meeting  of  the  Presbytery  at  which  the 
cause  of  translation  is  to  be  considered.     The  Presbytery  being  met, 


576  FORM    OF    GOVERNMENT,    ('HAP.    XVII. 

and  having  heard  the  parties,  shall,  upon  the  whole  view  of  the  case, 
either  continue  him  in  his  former  charge,  or  translate  him,  as  they  shall 
deem  to  be  most  for  the  peace  and  edification  of  the  Church ;  or  refer  the 
whole  affair  to  the  Synod  at  their  next  meeting,  for  their  advice  and 
direction. 

1.    Consent  of  the  parties  may  shorten  the  process. 

a.  In  the  Constitution,  as  originally  adopted,  citation  of  the  parties 
was  required  in  all  cases.  By  the  Assembly  of  1804,  p.  305,  it  was 
proposed  to  strike  out  "  together  with  a  written  citation,"  and  insert 
' '  if  the  pai*ties  be  not  prepared  to  have  the  matter  issued  at  that  Pres- 
bytery, a  written  citation  shall  be  given  to  the  minister." 

The  araeudmeut  was  adopted. — 1805,  p.  .333.  In  a  note  accompany- 
ing the  overture  the  Assembly  say,  "  This  amendment  is  intended  to 
provide  that  consent  of  parties  shall  shoi'ten  the  constitutional  process 
for  translating  a  minister." — 1804,  p.  305. 

b.  Chap,  xvi.  Sec.  ii,  provides  that  where  the  parties  are  prepared 
for  the  dissolution  of  a  pastoral  relation  it  may  be  dissolved  at  the  first 
meeting  of  the  Presbytery. — 1866,  p.  47,  O.  S. 

[Note. — See  p.  578.] 

III.  When  the  congregation  calling  any  settled  minister  is  within  the 
limits  of  another  Presbytery,  that  congregation  sliall  obtain  leave  from 
the  Presbytery  to  which  they  belong,  to  apply  to  the  Presbytery  of 
which  he  is  a  member  ;  and  that  Presbytery,  having  cited  him  and  his 
congregation  as  before  directed,  shall  proceed  to  hear  and  issue  the  cause. 
If  they  agree  to  the  translation,  they  shall  release  him  from  his  present 
charge ;  and  having  given  him  proper  testimonials,  shall  require  him  to 
repair  to  that  Presbytery,  within  the  bounds  of  which  the  congregation 
calling  him  lies,  that  the  proper  steps  may  be  taken  for  his  regular 
settlement  in  that  congregation:  and  the  Presbytery  to  which  the  congre- 
gation belongs,  having  received  an  authenticated  certificate  of  his  release, 
under  the  hand  of  the  Clerk  of  that  Presbytery,  shall  proceed  to  install 
him  in  the  congregation,  as  soon  as  convenient.  Provided  always,  that 
no  bishop  or  pastor  shall  be  translated  without  his  own  consent  previously 
obtained. 

1.  Pastor  and  church  must  belong  to  the  same  Presbytery. 

Overture  from  a  member  of  the  Presbytery  of  Lexington,  asking 
whether  a  minister  who  is  a  member  of  one  Presbytery  can  be  installed 
as  pastor  over  a  church  in  another  Presbytery;  and  if  so,  what  are 
the  proceedings  proper  in  the  case.  The  Committee  recommend  the 
Assembly  to  answer  that  he  should  not  be  installed  in  such  a  case. 
Adopted.— 1854,  p.  46,  O.  S. 

[Note. — See  Form  of  Government,  Chap,  ix,  p.  184 ;  Chap,  xv,  p.  568.] 

IV.  When  any  minister  is  to  be  settled  in  a  congregation,  the  install- 
ment, which  consists  in  constituting  a  pastoral  relation  between  him  and 
the  people  of  that  particular  church,  may  be  performed  either  by  the 


OF   RESIGNING   A    PASTORAL   CHARGE,  577 

Presbytery,  or  by  a  Committee  appointed  for  that  purpose,  as  may  appear 
most  expedient:  and  the  following  order  shall  be  observed  therein: 

V.  A  day  shall  be  appointed  for  the  installment  at  such  time  as  may 
appear  most  convenient,  and  due  notice  thereof  given  to  the  congrega- 
tion. 

VI.  When  the  Presbytery,  or  Committee,  shall  be  convened  and  con- 
stituted, on  the  day  appointed,  a  sermon  shall  be  delivered  by  some  one 
of  the  members  previously  appointed  thereto;  immediately  after  which, 
the  bishop  who  is  to  preside  shall  state  to  the  congregation  the  design  of 
their  meeting,  and  briefly  recite  the  proceedings  of  the  Presbytery  rela- 
tive thereto.  And  then,  addressing  himself  to  the  minister  to  be  installed, 
shall  propose  to  him  the  following  or  similar  questions: 

1.  Are  you  now  willing  to  take  the  charge  of  this  congregation,  as 
their  pastor,  agreeably  to  your  declaration  at  accepting  their  call  ? 

2.  Do  you  conscientiously  believe  and  declare,  as  far  as  you  know  your 
own  heart,^  that  in  taking  upon  you  this  charge,  you  are  influenced  by  a 
sincere  desire  to  promote  the  glory  of  God,  and  the  good  of  his  Church  ? 

3.  Do  you  solemnly  promise,  that,  by  the  assistance  of  the  grace  of 
God,  you  will  endeavor  faithfully  to  discharge  all  the  duties  of  a  pastor 
to  this  congregation,  and  will  be  carefiil  to  maintain  a  deportment  in  all 
respects  becoming  a  minister  of  the  gospel  of  Christ,  agreeably  to  your 
ordination  engagements  ? 

To  all  these  having  received  satisfactory  answers,  he  shall  propose  to 
the  people  the  same  or  like  questions  as  those  directed  under  the  head  of 
ordination ;  which,  having  been  also  satisfactorily  answered,  by  holding 
up  the  right  hand  in  testimony  of  assent,  he  shall  solemnly  pronounce 
and  declare  the  said  minister  to  be  regularly  constituted  the  pastor  of  that 
congregation.  A  charge  shall  then  be  given  to  both  parties,  as  directed 
in  the  case  of  ordination ;  and,  after  prayer,  and  singing  a  psalm  adapted 
to  the  transaction,  the  congregation  shall  be  dismissed  with  the  usual 
benediction. 

VII.  It  is  highly  becoming,  that,  after  the  solemnity  of  the  installment, 
the  heads  of  families  of  that  congregation  who  are  then  present,  or  at  least 
the  elders,  and  those  appointed  to  take  care  of  the  temporal  concerns  of 
that  church,  should  come  forward  to  their  pastor,  and  give  him  their 
right  hand,  in  token  of  cordial  reception,  and  affectionate  regard. 


CHAPTER  XVII. 
OF  RESIGNING  A  PASTORAL  CHARGE. 

When  any  minister  shall  labor  under  such  grievances  in  his  congrega- 
tion, as  that  he  shall  desire  leave  to  resign  his  pastoral  charge,  the  Presby- 
tery shall  cite  the  congregation  to  appear,  by  their  commissioners,  at  their 

37 


578  FORM    OF   GOVERNMENT,    CHAP.    XVII. 

uext  meeting,  to  show  cause,  if  auy  they  have,  why  the  Presbytery 
should  not  accept  the  resignation.  If  the  congregation  fail  to  appear, 
or  if  their  reasons  for  retaining  their  pastor  be  deemed  by  the  Presbytery 
insufficient,  he  shall  have  leave  granted  to  resign  his  pastoral  charge,  of 
which  due  record  shall  be  made  ;  and  that  church  shall  be  held  to  be 
vacant,  till  supplied  again,  in  an  orderly  manner,  with  another  minister: 
and  if  any  congregation  shall  desire  to  be  relea.sed  from  their  pastor,  a 
similar  process,  mutatis  mutandu,  shall  be  observed. 

1.    Whether  the   relation  shall   be   dissolved   at  the   meeting  where 
the  request  is  made  left  to  the  discretion  of  the  Presbytery. 

The  Committee  on  Overture  No.  9,  viz. :  Advice  asked  respecting  the 
following  question  of  order  by  the  Presbytery  of  Otsego,  "  Is  it  contrary 
to  Chap,  xvii  of  the  Form  of  Government,  for  a  Presbytery  to  dissolve 
the  connection  between  a  minister  and  his  congregation  at  the  time  when 
he  presents  his  request  for  his  dissolution,  and  the  congregation  joins 
issue  by  commissioners  duly  appointed  for  that  purpose  ?"  made  the 
following  report,  which  was  adopted,  viz. :  , 

Resolved,  That  it  is  not  expedient  for  this  Assembly  to  give  a  decided 
answer  to  the  question,  but  to  leave  every  Presbytery  to  act  according 
to  their  own  discretion  in  the  premises. — 1832,  p.  373. 

2.    If  the  parties  are  agreed,  the  relation  may  be  dissolved  at 
the  first  meeting. 

Overture  from  the  Synod  of  New  Jersey,  proposing  the  following 
query:  "  Is  it  the  intent  of  Chap,  xvii  of  the  Form  of  Government 
that  a  minister  desiring  to  resign  his  pastoral  charge  shall  in  all  cases 
first  make  his  request  known  to  the  Presbytery  ?" 

The  Committee  recommend  that  it  be  answered  in  the  negative,  for 
the  reason  that  Chap,  xvi.  Sec.  ii,  provides  that  where  the  parties  are 
prepared  for  the  dissolution  of  a  pastoral  relation  it  may  be  dissolved  at 
the  first  meeting  of  Presbytery.      Adopted. — 1866,  p.  47,  O.  S. 

3.    A  pastoral  relation  ceases  with  the  action  of  the  Presbytery 
dissolving  it,  when  no  other  time  is  designated. 

Does  a  pastoral  relation  cease  with  the  action  of  the  Presbytery  dis- 
solving such  relations,  when  no  other  time  for  its  termination  is  explicitly 
fixed  by  the  Presbytery  ?     Answered  in  the  affirmative. — 1896,  p.  91. 

[Note. — Complaint  of  D.  R.  Breed  et  al.,  vs.  Synod  of  Pennsylvania.] 

4.    A  meeting  of  the  congregation  without  the  presence  and  coopera- 
tion of  the  pastor  valid,  he  having  requested  the  dissolution. 

Case  No.  4,  the  complaint  of  the  Rev.  W.  P.  Carson  against  Synod 
of  Iowa,  for  dismissing  his  complaint  against  the  Presbytery  of  Du- 
buque. The  Presbytery,  upon  application  both  of  the  pastor  and  the 
congregation,  dissolved  the  pastoral  relation,  and  Mr.  Carson  complained 
to  Synod,  on  the  ground  that  the  Session  and  trustees  united  in  calling 
the  meeting  of  the  congregation,  without  the  presence  or  cooperation  of 
the  pastor,  at  which  action  was  taken  asking  for  the  dissolution  of  the 
pastoral  relation.  The  Committee  recommend  that  the  complaint  be 
dismissed,  there  being  no  sufficient  ground  of  complaint. 

The  report  was  adopted. — 1868,  p.  612,  O.  S. 


OF    RESIGNING    A    PASTORAL   CHARGE.  579 

5.    Where  a  Synod  on  appeal  dissolves  the  pastoral  relation  on  the 
petition  of  a  minority,  it  is  sustained. 

The  report  of  the  Commission  on  Judicial  Case  No.  2  was  adopted, 
and  is  as  follows: 

This  case  originated  in  a  petition  presented  to  the  Presbytery  of  Ohio, 
December  27,  1866,  asking  the  dissolution  of  the  pastoral  relation  exist- 
ing between  the  Rev.  William  Hunter  and  the  church  of  Hopewell. 
The  reasons  of  this  petition  were  based  upon  troubles  in  the  congrega- 
tion which  arose  out  of  a  state  of  things  upon  which  Presbytery  and 
Synod  had  already  acted.  This  petition  was  signed  by  a  minority.  A 
counter  petition  was  presented  from  a  large  majority  of  the  congregation, 
begging  the  continuance  of  the  pastoral  relation.  Presbytery  refused 
by  a  small  majority  to  dissolve  the  relation.  The  case  was  then  taken 
by  a  complaint  of  the  minority  of  the  congregation  to  the  Synod  of 
Pittsburgh.  Synod  sustained  the  complaint  by  a  vote  of  50  yeas  to  11 
nays,  and  by  a  unanimous  vote  directed  the  Presbytery  of  Ohio  to 
dissolve  the  pastoral  relation.  From  this  action  of  Synod  an  appeal  is 
made  to  the  Assembly  by  Joseph  Connell,  of  the  church  of  Hopewell, 
for  the  following  reasons: 

1.  Because  the  pastoral  relation  between  the  Rev.  William  Hunter 
and  the  congregation  is  ordered  to  be  dissolved  on  the  petition  of  less 
than  one-fourth  of  the  members  of  the  congregation,  greatly  against  the 
will  of  the  congregation  and  to  our  injury,  and  in  contravention  of  our 
Christian  and  constitutional  rights. 

2.  Because  the  petitioners  were  not  only  a  small  minority,  but  because 
some  of  them  were  not  members  of  the  congregation  and  those  who  were 
members  had  lost  .their  status,  they  having  for  more  than  a  year  neither 
communed  in  the  church  nor  contributed  their  just  proportion  of  the 
expenses  of  the  congregation. 

3.  Because  the  decision  of  Synod  is  liighly  injurious  to  the  pastor  as 
well  as  to  the  congregation,  and  hurtful  also  to  the  cause  of  truth,  righte- 
ousness and  equity,  as  taught  in  the  Holy  Scriptures  and  assured  to 
congregations  and  pastors  by  our  Church  Standards. 

All  the  papers  and  records  relating  to  the  case  were  read  before  the 
Commission,  and  all  the  parties  desiring  a  hearing  were  heard. 

It  appeared  that  the  principal  cause,  if  not  the  origin,  of  these  difficul- 
ties, was  the  use  of  harsh  and  intemperate  language  on  the  part  of  Mr. 
Hunter  toward  some  of  his  parishioners.  This  led  to  charges  and  a 
trial  before  the  Presbytery,  the  result  of  which  was  an  admonition  to 
Mr.  Hunter  to  "  restrain  his  temper  and  cultivate  a  meek  and  quiet 
spirit. ' '  In  connection  with  this  trial  the  request  of  petitioners  for  the 
removal  of  Mr.  Hunter  was  granted,  and  the  pastoral  relation  dissolved. 
From  this  act  of  dissolution  Mr.  Hunter  appealed  to  Synod,  who 
sustained  his  appeal  on  account  of  deficiency  in  the  records. 

A  new  application  for  the  dissolution  of  the  pastoral  relation  was  then 
made  to  Presbytery  by  the  discontented  minority,  based  upon  the  exist- 
ing troubles,  which  was  refused,  as  already  stated,  by  a  small  majority 
of  Presbytery,  but  granted  by  a  unanimous  vote  of  Synod.  ' 

The  facts  and  statements  of  the  parties  satisfied  your  Commission  that, 
while  a  majority  of  the  congregation  clung  to  Mr.  Hunter,  he  had  taken 
such  a  course  as  to  alienate  a  part  of  the  people  and  seriously  to  impair 
his  usefulness  in  that  congregation.     The  matter  has  been  for  two  years 


580  FORM   OF   GOVERNMENT,    CHAP.    XVIII. 

before  Presbyteiy,  and  they  have  sought  to  secure  a  reconciliation  by 
sending  Committees  to  confer  with  the  people,  but  to  no  purpose.  And 
the  case  has  become  so  complicated  in  Presbytery  as  to  divide  that  body 
about  equally.  When  Synod  came  to  decide  upon  the  merits  of  the  case, 
their  judgment  was  unanimous  against  the  continuance  of  the  pastoral 
relation. 

Your  Commission  had  this  case  several  days  before  them,  and 
bestowed  upon  it  careful  consideration,  and  have  unanimously  determined 
to  report  to  the  Assembly  that  the  sense  of  this  Commission  is  that  the 
interests  of  the  church  of  Hopewell  rec^uire  the  dissolution  of  the 
pastoral  relation,  and  that  they  agree  with  the  decision  of  Synod,  and 
they  recommend  the  following  minute: 

This  Assembly  recognizes  the  right  of  each  congregation  to  decide 
whether  a  pastor  is  acceptable  to  them,  and  the  wishes  of  a  majority  are 
to  be  set  aside  only  for  weighty  reasons;  yet  such  a  state  of  things  may 
exist  between  the  pastor  and  a  portion  of  his  people  as  shall  require,  for 
the  fair  name  of  religion,  that  the  relation  be  dissolved ;  and  for  this 
reason  the  appeal  and  complaint  of  Joseph  Council  against  the  Synod  of 
Pittsburgh  is  not  sustained. — 1868,  pp.  648,  649,  0.  S. 

6.  The  rule  should  be  strictly  observed  and  enforced. 

Overture. — The  Committee  have  had  before  them  an  overture  on 
"  The  Perils  of  a  Degraded  Ministry."  The  title  is  infelicitous,  and 
fails  to  present  the  true  design  of  the  paper,  which  sets  forth  the  well- 
known  difficulties  that  attend  the  loose  notions  prevailing  in  regard  to  the 
permanence  of  the  pastoral  relation  and  the  mutual  obligations  of  pastor 
and  people.  There  are  many  statements  in  the  overture  which  deserve 
attention,  and  might  be  properly  spread  before  the  churches  in  the  form 
of  a  tract  or  other  publication.  The  Committee  would,  however,  recom- 
mend the  following  answer: 

Whereas,  The  frequent  dissolution  of  the  pastoral  relation  is  a  growing 
evil  in  our  Church,  arising  largely  out  of  the  loose  opinions  which  prevail 
as  to  the  relation  of  pastor  and  people,  and  the  influence  of  men  who 
regard  more  the  financial  than  the  spiritual  interests  of  the  Church; 
therefore, 

Resolved,  1.  That  the  Presbyteries  be  reminded  of  the  necessity  of 
giving  clear  and  full  instruction  on  the  subject  at  the  time  of  the  instal- 
lation of  pastors. 

2.  That  Article  xvii  of  our  Form  of  Government,  in  its  spirit  and 
letter,  should  be  strictly  observed  by  all  our  pastors  and  churches,  and 
that  our  Presbyteries  be  enjoined  to  seek  its  rigid  enforcement.  Adopted. 
—1880,  p.  77. 

7.  Presbytery  may  dissolve  a  pastoral  relation,  without  a  meeting  of 
the  congregation  being  lield. 

Overture  from  the  Synod  of  Missouri,  asking:  1.  Is  it  legal  for  a 
Presbytery  to  dissolve  a  pastoral  relation  without  a  regularly  called 
meeting  of  the  congregation  being  had,  and  its  action  touching  the 
pastoral  relation  reported  to  the  Presbytery  ? 

Answer:  Yes. — 1890,  p.  47. 


OF   MISSIONS.  581 

CHAPTER  XVIII. 

OF  MISSIONS. 

When  vacancies  become  so  numerous  in  any  Presbytery  that  they 
cannot  be  supplied  with  the  frequent  administration  of  the  word  and 
ordinances,  it  shall  be  proper  for  such  Presbytery,  or  any  vacant  congre- 
gation within  their  bounds,  with  the  leave  of  the  Presbytery,  to  apply  to 
any  other  Presbytery,  or  to  any  Synod,  or  to  the  General  Assembly,  for 
such  assistance  as  they  can  afford.  And,  when  any  Presbytery  shall  send 
any  of  their  ministers  or  probationers  to  distant  vacancies,  the  missionary 
shall  be  ready  to  produce  his  credentials  to  the  Presbytery  or  Presbyteries, 
through  the  bounds  of  which  he  may  pass,  or  at  least  to  a  Committee 
thereof,  and  obtain  their  approbation.  And  the  General  Assembly  may, 
of  their  own  knowledge,  send  missions  to  any  part  to  plant  churches,  or 
to  supply  vacancies  :  and  for  this  purpose,  may  direct  any  Presbytery  to 
ordain  evangelists,  or  ministers  without  relation  to  particular  churches  : 
provided  always,  that  such  missions  be  made  with  the  consent  of  the  parties 
Appointed  ;  and  that  the  judicatory  sending  them,  make  the  necessary  pro- 
vision for  their  support  and  reward  in  the  performance  of  this  service. 

[Note. — For  a  full  account  of  the  earlier  missions  of  the  Church,  and  of  the  origin 
and  progress  of  the  work  culminating  in  the  present  Board  of  Home  Missions,  see 
Nmc  Di'iext  (Moore,  1861).  pp.  319-341 ;  annual  Minutes,  N.  S.,  from  1861  to  1869  ;  also, 
Baird's  Digest,  rev.  ed.,  pp.  321-360;  annual  Minutes,  0.  S  ,  from  1838  to  1869.] 

1.  The  Standing  Committee  of  Missions  appointed. 

Remlved,  1 .  That  a  Committee  be  chosen  annually  by  the  General 
Assembly  to  be  denominated  the  Standing  Committee  of  Missions ;  that 
the  Committee  shall  consist  of  seven  members,  of  whom  four  shall  be 
clergymen  and  three  laymen ;  that  a  majority  of  this  Committee  shall  be 
a  quorum  to  do  business ;  that  it  shall  be  the  duty  of  this  Committee  to 
collect,  during  the  recess  of  the  Assembly,  all  the  information  in  their 
power  relative  to  the  concerns  of  missions  and  missionaries,  to  digest 
this  information  and  report  thereon  at  each  meeting  of  the  Assembly ;  to 
designate  the  places  where  and  to  specify  the  periods  during  which  the 
missionaries  should  be  employed;  to  correspond  with  them  if  necessary 
and  with  all  other  persons  on  missionary  business ;  to  nominate  missionaries 
to  the  Assembly  and  report  the  number  which  the  funds  will  permit  to  be 
employed ;  to  hear  the  reports  of  the  missionaries  and  make  a  statement 
thereon  to  the  Assembly  relative  to  the  diligence,  fidelity  and  success  of 
the  missionaries,  the  sums  due  to  each,  and  such  parts  of  their  reports  as 
may  be  proper  for  the  Assembly  to  hear  in  detail;  to  ascertain  annually 
whether  any  money  remains  with  the  trustees  of  the  College  of  New 
Jersey  which  ought  to  be  used  for  missionary  purposes,  agreeably  to  the 
last  will  of  James  Leslie,  deceased;  that  they  also  ei^gage  a  suitable 
person  annually  to  preach  a  missionary  sermon  on  the  Monday  evening 
next  after  the  opening  of  the  General  Assembly,  at  which  a  collection 
shall  be  made  for  the  support  of  missions,  and  superintend  generally 
under  the  direction  of  the  Assembly  the  missionary  business. 

2.   That  although  this  Standing  Committee  shall  be  elected   annually, 


582  FORM    OF   GOVERNMENT,    CHAP.    XVIII. 

yet  each  Committee  shall  continue  in  office  till  the  end  of  the  sessions  of 
that  Assembly  which  succeeds  the  one  by  which  the  said  Committee  was 
chosen. 

3.  That  this  Standing  Committee  of  Missions,  in  addition  to  the  duties 
above  specified,  shall  be  and  they  hereby  are  empowered  to  direct  the 
trustees  of  the  General  Assembly,  during  the  recess  of  the  Assembly,  to 
issue  warrants  for  any  sums  of  money  which  may  become  due  in  conse- 
quence of  contracts,  appropriations  or  assignments  of  duty  made  by  the 
Assembly,  and  for  which  orders  may  have  not  been  issued  by  the  Assem- 
bly, and  on  this  subject  the  Committee  shall  report  annually  to  the 
Assembly.— 1802,  p.  258. 

In  1805,  p.  345,  the  number  of  the  Committee  resident  in  or  near  the 
city  of  Philadelphia  was  increased  to  ten,  and  one  other  member  added 
for  each  Synod,  making  in  the  whole  seventeen.  In  1816  the  Committee 
was  enlarged,  and  the  title  changed  to 

2.  The  Board  of  Missions. 

1.  That  the  style  of  the  Committee  be  changed  for  that  of  the  "Board 
of  Missions,  acting  under  the  authority  of  the  General  Asssernbly  of  the 
Presbyterian  Church  in  the  United  States." 

2.  That  the  Board  of  Missions  be  enlarged  by  the  addition  of  the  Rev. 
John  B.  Romeyn,  D.D.,  Samuel  Miller,  D.  D.,  and  Messrs.  Samuel 
Bayard,  Robert  Ralston,  Robert  Lenox,  John  R.  B.  Rodgers,  John  E. 
Caldwell,  Divie  Betliuue,  and  Zechariah  Lewis. 

3.  That,  in  addition  to  the  powers  already  granted  by  the  Committee 
of  Missions,  the  Board  of  Missions  be  authorized  to  appoint  missionaries 
whenever  they  may  deem  it  proper,  to  make  such  advances  to  missionaries 
as  may  be  judged  necessary,  and  to  pay  balances  due  to  missionaries  who 
have  fulfilled  their  missions,  whenever  in  their  judgment  the  particular 
circumstances  of  the  missionaries  may  require  it. 

4.  That  the  Board  be  authorized  and  directed  to  take  measures  for 
establishing  throughout  our  churches  auxiliary  missionary  societies,  and 
that  the  General  Assembly  recommend  to  their  jieople  the  establishment 
of  such  societies  to  aid  the  funds  and  extend  the  operations  of  the  Board. 

5.  That  the  members  of  the  Board  of  Missions  be  annually  chosen  by 
the  Assembly,  and  that  they  continue  in  office  until  the  rising  of  the 
next  General  Assembly,  when  they  are  to  be  succeeded  by  the  persons 
chosen  for  the  current  year. 

The  Committee  further  report  that  while  deliberating  on  the  subject 
referred  to  them,  they  at  first  thought  it  would  be  expedient  for  this 
Assembly  to  present  to  the  consideration  of  their  churches  the  importance 
of  foreign  missions,  and  to  direct  the  Board  to  take  measures  for  com- 
mencing and  carrying  on  such  missions,  but  on  mature  reflection  they  are 
inclined  to  believe  that  the  union  of  foreign  with  domestic  missions  would 
produce  too  great  complexity  in  the  aflTairs  of  the  Board,  and  render  the 
pressure  of  business  too  severe  and  burdensome.  And  this  consideration 
is  strengthened  by  the  belief  which  they  indulge  that  a  new  society  for 
conducting  foreign  missions  might  be  formed,  composed  not  only  of  mem- 
bers belonging  to  our  churches,  but  also  of  members  belonging  to  the 
Reformed  Dutch  Church,  to  the  Associate  Reformed  Church,  and  other 
Churches  which  have  adopted  the  same  creed.  Such  a  society  is 
highly  desirable ;  and  were  it  organized  on  an  extensive  plan,  so  as  to  call 
forth  the  combined  energies  and  charity  of  all  those  sister  churches,  it 


OF    MISSIONS.  583 

would  be  productive  of  beueficial  consequences  both  at  home  and  abroad, 
to  ourselves  as  well  as  to  the  heathen. — 1816,  p.  633. 

3.  Enlargement  of  powers. 

Resolved,  That  the  Board  of  Missions,  in  addition  to  the  powers 
already  granted  to  them,  be  authorized  to  manage,  appoint  and  direct 
the  whole  concerns  and  business  of  the  Assembly's  missions  definitely, 
and  report  annually  their  doings  to  the  Assembly. 

Resolved,  That  the  Board  be  authorized  to  appoint,  if  they  think 
proper,  an  Executive  Committee  of  their  own  number,  to  carry  into 
effect  the  details  of  their  plan,  and  that  they  also  be  authorized  to  appoint 
and  employ  an  agent  or  agents  at  their  discretion. — 1827,  p.  217. 

[Note. — The  further  action  of  the  Assembly,  in  its  efforts  to  fulfill  its  mission  to 
give  the  Gospel  to  all  the  world,  will  be  found  in  this  Digest,  Chapter  xii,  Sec.  v, 
pf  the  Form  of  Government,  under  the  several  heads  of  "Home  Missions," 
"  Foreign  Missions,"  "  Education  for  the  Ministry,"  "  Publication  and  Sabbath-school 
Work,"  "Church  Erection,"  "Ministerial  Relief,"  "Missions  for  the  Freedmen," 
"Aid  for  Colleges,"  and  "  Systematic  Beneficence,"  pp.  340-400,  and  also  under  "Synod- 
ical  Sustentation,"  below. 

4.  Synodical  Sustentation. 

[Note.— The  Assembly,  after  the  plan  of  Sustentation  (see  this  Digest,  p.  349)  had 
proven  ineffective,  authorized  certain  of  the  Synods  to  undertake,  in  coiiperation  with 
thetPresbyteries,  such  plans  as  might  seem  feasible,  for  the  support  of  mission  work 
within  their  territory.] 

a.  The  increased  amount  of  the  contributions  to  the  Sustentation  De- 
partment over  that  given  last  year,  indicates  that  the  scheme  has  a  strong 
hold  on  the  hearts  of  the  people;  and  in  the  class  of  churches  for  which 
it  was  originally  designed,  namely,  those  situated  in  the  midst  of  a  grow- 
ing population,  its  operation  has  been  attended  with  gratifying  results. 
But  many,  if  not  most,  of  the  needy  churches  in  the  older  and  stroriger 
Synods,  are  suffering  from  a  slow  process  of  depletion  through  emigration 
from  their  bounds.  In  such  fields,  and  in  those  of  very  slow  growth  in 
population,  the  requirements  of  the  Sustentation  Department  are  found, 
after  years  of  trial,  too  rigid  to  be  complied  with. 

Instead  of  increasing  in  numbers  so  as  to  be  able  to  reach  and  main- 
tain the  requisite  rate  of  support  per  member,  these  churches  are  gradu- 
ally diminishing  through  force  of  circumstances,  or  in  other  cases 
advancing  so  slightly  as  to  fail  to  come  under  the  provisions  of  the 
scheme. 

In  view  of  these  facts,  and  the  difficulty  of  devising  any  scheme  of 
sufficient  flexibility  to  meet  the  diversities  of  so  wide  a  field  as  that  of 
the  whole  Church,  we  are  constrained  to  favor  the  adoption  of  such  plans 
of  Synodical  sustentation  as  may  be  found  expedient  and  suitable  to 
the  condition  of  weak  churches  within  the  limits  of  the  Synods  referred 
to.  If  any  plan  introduced  should  prove  deficient,  it  might  be  modified ; 
and  thus,  after  a  few  trials  and  modifications,  we  are  of  opinion  that  the 
best  method  of  operation  would  be  ascertained,  if  not  at  once,  at  least  in 
due  time. 

The  Committee  most  heartily  commend  all  such  attempts  of  Synods  to 
solve  the  problem,  provided  their  plans  are  so  carefully  guarded  as  not 
to  trench  on  the  contributions  which  should  go  into  the  regular  channels 
of  the  Board.— 1884,  p.  41. 

b.  Several  of  the  Synods,  such  as  New  York,  New  Jersey  and  Penn- 
sylvania, have  organized  Sustentation  Systems  by  which  they  care  for  their 
own  Home  Mission  work.     We  strongly  commend  this  to  other  Synods 


584  FORM  OF  GOVERNMENT,  CHAP.  XIX-XX. 

where  it  is  feasible.  Some  Presbyteries  in  Synods  which  are  as  yet  with- 
out a  Sustentatiou  system  are  doing  the  same  work  in  their  own  bounds, 
and  we  think  many  more  Presbyteries  can  also  do  so,  and  thus  relieve 
the  Board  from  mission  work  within  their  territory. — 1887,  p.  72. 

5.  Presbyterial  oversight  of  vacant  churches. 

[Note. — See  this  Digest,  p.  222,  and  also  Form  of  Government,  Chap,  xxi,  p.  588.] 


CHAPTER   XIX. 
OF  MODERATORS. 


I.  It  is  equally  necessary  in  the  judicatories  of  the  Church,  as  in  other 
assemblies,  that  there  should  be  a  moderator  or  president  ;  that  the  busi- 
ness may  be  conducted  with  order  and  despatch. 

II.  The  moderator  is  to  be  considered  as  possessing,  by  delegation 
from  the  whole  body,  all  authority  necessary  for  the  preservation  of 
order;  for  convening  and  adjourning  the  judicatory;  and  directing  its 
operations  according  to  the  rules  of  the  Church.  He  is  to  propose  to 
the  judicatory  every  subject  of  deliberation  that  comes  before  them.  He 
may  propose  what  appears  to  him  the  most  regular  and  speedy  way  of 
bringing  any  business  to  issue.  He  shall  prevent  the  members  from 
interrupting  each  other ;  and  require  them,  in  speaking,  always  to  address 
the  chair.  He  shall  prevent  a  speaker  from  deviating  from  the  subject; 
and  from  using  personal  reflections.  He  shall  silence  those  who  refuse 
to  obey  order.  He  shall  prevent  members  who  attempt  to  leave  the 
judicatory  without  leave  obtained  from  him.  He  shall,  at  a  proper  season, 
when  the  deliberations  are  ended,  put  the  question  and  call  the  votes.  If 
the  judicatory  be  equally  divided,  he  shall  possess  the  casting  vote.  If 
he  be  not  willing  to  decide,  he  shall  put  the  question  a  second  time;  and 
if  the  judicatory  be  again  equally  divided,  and  he  decline  to  give  his 
vote,  the  question  shall  be  lost.  In  all  questions  he  shall  give  a  concise 
and  clear  state  of  the  object  of  the  vote;  and  the  vote  being  taken,  shall 
then  declare  how  the  question  is  decided.  And  he  shall  likewise  be  em- 
powered, on  any  extraordinary  emergency,  to  convene  the  judicatory,  by 
his  circular  letter,  before  the  ordinary  time  of  meeting. 

1.  The  Vice-Moderator. 

In  appointing  the  Standing  Committees  the  Moderator  may  appoint  a 

A^ice-jNIoderator,  who  may  occupy  the  chair  at  his  request  and  otherwise 

assist  him  in  the  discharge  of  his  duties. — 1885,  p.  590. 

[Note.— See  Form  of  Government,  Chap,  xii.  Sec.  i,  p.  259;  Rules  for  Judic.  vii, 
p.  266.] 

2.  The  Moderator  not  necessarily  a  member  of  the  judicatory. 

The  Moderator  and  Clerk  are  ministerial  officers  of  the  judicatory. 
In  respect  of  their  office,  they  are  servants  merely,  and  not  members,  of 
the  body. 


OF  MODERATORS  AND  CLERKS.  585 

Nor  does  the  Coustitutiou,  explicitly  at  least,  require  the  Moderator  to 
be  chosen  from  the  members  of  the  judicatory.  It  does,  indeed,  pre- 
scribe (Chap,  xix,  Sec.  ii)  that  in  a  certain  contingency  "  he  shall 
possess  the  casting  vote. ' '  And  as  voting  is  the  act  of  a  member,  the 
implication  seems  to  offer  itself  that  the  Moderator  liimself  must  be  a 
member.  But  against  this  implication  some  other  facts  of  the  Constitu- 
tion may  be  cited.  Thus  (Form  of  Government,  Chap,  ix,  Sec.  iii) 
there  is  the  provision  for  inviting,  in  certain  contingencies,  a  minister  to 
moderate  the  church  Session  who  is  not  the  pastor  of  the  church,  and  of 
course  not  a  member  of  tlie  Session;  while  the  general  law  of  "  Moder- 
ators" (Chap,  xix)  gives  him  the  casting  vote.  Then,  again,  the  Form 
of  Government,  Cliap.  xii,  Sec.  vii,  prescribes,  concerning  the  General 
Assembly,  that  ' '  the  Moderator  of  the  last  Assembly,  if  present,  or  in 
case  of  his  absence  some  other  minister,  shall  preside  until  a  new  Moder- 
ator be  chosen."  Under  this  provision  it  is  not  necessary  that  the 
minister  called  to  preside  in  the  Assembly  should  himself  be  in  commis- 
sion.— New  Digest  (Moore),  1861,  p.  173. 

It  may  be  said  that  this  is  merely  for  organization.  True ;  but  the 
whole  principle  seems  to  be  involved.  For  the  time  being  one  not  a 
member  of  the  Assembly  is  its  Moderator,  and  as  such  has  a  casting  vote 
on  tlte  numberless  issues  which  may  be  raised  between  tlie  formation  of 
the  roll  and  the  choice  of  a  new  Moderator ;  and  in  the  former  case, 
pertaining  to  church  Sessions,  no  such  limitation  for  mere  organization 
exists. 

Hence  these  two  points  are  clearly  recognized:  1.  That  it  is  not  essen- 
tial to  the  idea  of  a  Moderator  that  he  be  a  member;  2.  That  the  privi- 
lege of  a  casting  vote  does  not  necessarily  imply  membership. — 1861, 
pp.  457,  458,  N.  S. 

[Note  1. — So  far  as  the  General  Assembly  is  concerned,  Rule  ii  of  General  Rules  for 
Judicatories  decides  that  the  Moderator  must  be  a  member  of  it :  "The  last  Modera- 
tor present,  being  a  commissioner,  or  if  there  be  none,  the  senior  member  present,"  p.  262.] 

2.  The  Moderator  has  none  other  than  the  casting  vote.  See  Form  of  Government, 
Chap,  xii.  Sec.  i,  7,  p.  262.  For  general  principles  as  to  Moderators,  see  General  Rules 
for  Judicatories,  p.  265;  also.  Form  of  Government,  Chap,  xii,  i,  p.  261.] 

III.  The  moderator  of  the  Presbytery  shall  be  chosen  from  year  to 
year,  or  at  every  meeting  of  the  Presbytery,  as  the  Presbytery  may 
think  best.  The  moderator  of  the  Synod,  and  of  the  General  Assembly, 
shall  be  chosen  at  each  meeting  of  those  judicatories :  and  the  Moderator, 
or,  in  case  of  his  absence,  another  member  appointed  for  the  purpose, 
shall  open  the  next  meeting  with  a  sermon,  and  shall  hold  the  chair  till 
a  new  Moderator  be  chosen. 

[Note. — See  General  Rules  for  Judicatories,  Rule  ii,  p.  265.] 


CHAPTER  XX. 
OF  CLERKS. 


Every  judicatory  shall  choose  a  clerk,  to  record  their  transactions, 
whose  continuance  shall  be  during  pleasure.  It  shall  be  the  duty  of  the 
clerk,  besides  recording  the  transactions,  to  preserve  the  records  carefully; 


586  FORM  OF  GOVERNMENT,  CHAP.  XXI. 

and  to  grant  extracts  from  them,  whenever  properly  required  :  and  such 
extracts,  under  the  hand  of  the  clerk,  shall  be  considered  as  authentic 
vouchers  of  the  fact  which  they  declare,  in  any  ecclesiastical  judicatory, 
and  to  every  part  of  the  Church. 

1.  The  term  of  service  of  their  Stated  Clerks  is  at  the  discretion  of  the 
Sessions,  Presbyteries,  Synods,  and  of  the  General  Assembly. 

Overture,  from  the  Presbytery  of  Syracuse,  asking  to  have  a  time  limit 
of  service  fixed  for  the  Stated  Clerks  of  all  the  judicatories  of  the 
Church.  The  Committee  recommend  no  action,  inasmuch  as  this  is  a 
matter  for  the  discretion  of  Sessions,  Presbyteries  and  Synods,  as  well  as 
of  the  General  Assembly,  as  each  body  may  consider  wisest  and  best. — 
1893,  p.  72. 

2.  The  Clerk  not  necessarily  a  member  of  the  judicatory. 

a.  The  Moderator  and  Clerk  are  ministerial  officers  of  the  judicatory. 
In  respect  to  their  office,  they  are  servants  merely,  and  not  members, 
of  the  body. 

Of  the  Clerk  this  would  seem  to  be  unquestionably  true.  The  Consti- 
tution knows  nothing  of  the  Temporary  Clerk  as  distinguished  from  the 
Stated  Clerk.  As  far  as  any  provision  of  the  ' '  Book  ' '  is  involved,  it  is 
plain  that  a  judicatory  may  select  any  convenient  person,  though  not  a 
member,  to  record  its  transactions  and  discharge  all  other  duties  pertain- 
ing to  a  Clerk.  For  the  part  of  those  duties  usually  devolving  upon  a 
Temporary  Clerk,  we  believe  it  is  no  infrequent  thing  for  a  Presbytery 
to  employ  a  licentiate  or  other  person  not  a  member  of  the  body. — 1861, 
p.  457,  N.  S. ;  confirmed,  1895,  p.  136. 

[Note. — The  Clerks  of  the  Assembly  are  full  members  of  it  only  when  they  sit  as 
commissioners.    See,  also,  this  Digest,  p.  269.] 

b.     The  above  confirmed. 

Overture  on  ' '  Who  may  be  Clerk  of  Session  ?' '  from  the  Presbytery 
of  New  Castle,  to  wit: 

Whereas,  The  Clerk  of  the  Synod  of  Baltimore  has  refused  to  record 
Harold  Sudell  as  Clerk  of  the  Session  of  New  Castle  church,  he  not 
being  a  member  of  the  court ;  and 

Whereas,  The  Session  of  New  Castle  church  has  appealed  to  the  Pres- 
bj^ery  of  New  Castle,  and  Presbytery  being  in  doubt  as  to  the  legality 
of  their  having  a  Clerk  of  Session  who  was  not  a  member  of  the  court; 

Resolved,  That  the  Presbytery  of  New  Castle  overtures  the  General 
Assembly  to  make  a  clear  interpretation  of  the  law  concerning  the  eligi- 
bility of  a  male  member  of  the  church  who  is  not  an  ordained  elder  for 
election  as  Clerk  of  Session. 

The  following  answer  is  recommended: 

This  Assembly  adopts  and  reaffirms  the  action  upon  this  subject  of  the 
New  School  General  Assembly  of  1861  (see  Minutes,  p.  457),  as  quoted 
in  Moore's  Digest,  1886,  p.  461,  Chap,  xx,  to  wit:  "  As  far  as  the  pro- 
vision of  the  Book  is  involved,  it  is  plain  that  a  judicatory  may  select 
any  convenient  person,  though  not  a  member,  to  record  its  transactions 
and  discharge  all  other  duties  pertaining  to  a  Clerk."  Adopted. — 1895, 
pp.  135,  136. 


OF   VACANT   CONGREGATIONS   ASSEMBLING    FOR   WORSHIP.         587 

CHAPTER  XXI. 

OF  VACANT  CONGREGATIONS  ASSEMBLING 
FOR  PUBLIC  WORSHIP. 

Considering  the  great  importance  of  weekly  assembling  of  the  people,  for 
the  public  worship  of  God,  in  order  thereby  to  improve  their  knowledge ; 
to  confirm  their  habits  of  worship,  and  their  desire  of  the  public  oi'di- 
nances ;  to  augment  their  reverence  for  the  most  high  God ;  and  to  promote 
the  charitable  affections  which  unite  men  most  firmly  in  society :  it  is 
recommended,  that  every  vacant  congregation  meet  together,  on  the  Lord's 
day,  at  one  or  more  places,  for  the  purpose  of  prayer,  singing  praises,  and 
reading  the  Holy  Scriptures,  together  with  the  works  of  such  approved 
divines,  as  the  Presbytery  within  whose  bounds  they  are,  may  recommend, 
and  they  may  be  able  to  procure;  and  that  the  elders  or  deacons  be  the 
persons  who  shall  preside,  and  select  the  portions  of  Scripture,  and  of  the 
other  jDooks  to  be  read ;  and  to  see  that  the  whole  be  conducted  in  a 
becoming  and  orderly  manner. 

1.  Vacant  congregations  to  meet  for  worship  on  the  Lord's  day. 

In  consequence  of  an  overture  which  was  brought  in,  the  Synod  earn- 
estly recommend  to  all  vacant  congregations  under  their  care  to  meet 
together  every  Lord's  day,  at  one  or  more  places,  for  the  purpose  of 
prayer  and  praise  and  reading  the  Holy  Scriptures,  together  with  the 
works  of  such  apj^roved  divines  as  they  may  be  able  to  procure,  and  that 
the  elders  be  the  persons  who  shall  pray  and  select  the  portions  of  Scrip- 
ture and  other  books,  to  be  read  by  any  proper  person  whom  they  may 
appoint. — 1786,  p.  526. 

2.  Elders  of  vacant  congregations  should  be  interrogated  as  to  the 
observance  of  the  rule. 

An  overture  from  the  Presbytery  of  Mississippi  requesting  the  General 
Assembly  to  recommend  to  the  Board  of  Publication  to  issue  suitable  books 
of  sermons  and  helps  for  devotion,  to  be  used  by  vacant  congregations, 
and  to  inquire  whether  ruling  elders  representing  such  congregations 
should  be  interrogated  concerning  the  observance  of  the  recommendation 
contained  in  Chap,  xxi  of  the  Form  of  Government. 

Answered  afllrmatively. — 1847,  p.  401,  O.  S. 

3.  Right  of  ruling  elders,  in  the  absence  of  the  pastor,  to  explain  the 
Scriptures  and  to  exhort. 

The  records  of  the  Synod  of  Mississippi  approved,  except  "  that  on  p. 
10  of  these  minutes  Synod  takes  exception  to  the  minutes  of  the  Louisiana 
Presbytery,  because  that  Presbytery  considered  it  not  inconsistent  with 
the  principles  of  our  Church  for  ruling  elders,  in  the  absence  of  the 
pastor,  to  read  the  Scriptures  and  explain  them,  and  to  endeavor  to 
enforce  the  truth  upon  the  conscience  by  suitable  exhortations.  The 
Assembly  believe  the  Presbytery  of  Louisiana  was  right  according  to 
Chap,  xxi  of  our  Form  of  Government." — 1856,  p.  538,  0.  S. 

Next  year  the  Assembly  refused  to  modify  the  above. — 1857,  p.  41, 
O.  S. 


588  FORI^r    OF    GOVERNMENT,    CHAP.    XXII. 

4.  Presbyterial  oversight  of  vacant  churches. 

Under  our  Constitution,  the  Presbytery  is  officially  the  pastor  of  every 
vacant  church  within  its  bounds.  The  question  whether  any  such 
church  shall  continue  to  exist  is  one  which  the  Presbytery  alone  can 
solve;  and  if  such  continued  existence  is  deemed  desirable,  it  is 
directly  incumbent  upon  the  Presbytery  to  provide,  in  some  way,  for 
the  spiritual  necessities  of  every  such  organization.  It  may  group 
these  small  churches  together  in  a  joint  pastorate,  or  in  a  wider  cir- 
cuit; it  may  associate  some  weak  church  with  some  stronger  one  as  a 
single  charge;  it  may  appoint  an  adjacent  pastor  to  be  for  the  time  the 
minister  and  shepherd  to  the  little  flock ;  it  may  bring  in  the  service  of 
intelligent  elders,  competent  to  teach  and  counsel,  and  willing  to  be  en- 
gaged in  such  oversight.  The  General  Assembly  judges  that  by  pres- 
byterial diligence  and  faithfulness  in  these  directions,  much  of  the  evil 
resulting  from  these  numerous  vacancies  would  be  avoided,  and  many  of 
these  feeble  churches  might  speedily  be  nourished  into  vigor  and  useful- 
ness. It  therefore  lays  the  obligation  to  such  faithfulness  and  diligence 
directly  on  the  conscience  of  each  Presbytery,  and  of  every  minister  in 
each  Presbytery,  whether  engaged  in  the  pastoral  care  or  in  some  other 
form  of  ministerial  service,  as  one  which  true  loyalty  to  the  Church  and 
to  Christ  will  permit  no  one  to  neglect.  In  adopting  this  resolution, 
the  General  Assembly  recognizes  with  special  satisfaction  the  allusion  to 
the  ruling  elders  as  possible  agents  and  instruments  in  providing  for  the 
special  needs  of  these  feeble  churches. — 1891,  p.  176. 


CHAPTER  XXII. 

OF  COMMISSIONERS  TO  THE  GENERAL  ASSEMBLY. 

I.  The  commissioners  to  the  General  Assembly  shall  always  be  ap- 
pointed by  the  Presbytery  from  which  they  come,  at  its  last  stated  meeting, 
immediately  preceding  the  meeting  of  the  General  Assembly;  provided, 
that  there  be  a  sufficient  interval  between  that  time  and  the  meeting  of 
the  Assembly,  for  their  commissioners  to  attend  to  their  duty  in  due  season; 
otherwise,  the  Presbytery  may  make  the  appointment  at  any  stated  meet- 
ing, not  more  than  seven  months  preceding  the  meeting  of  the  Assembly. 
And  as  much  as  possible  to  prevent  all  failure  in  the  representation  of 
the  Presbyteries,  arising  from  unforeseen  accidents  to  those  first  appointed, 
it  may  be  expedient  for  each  Presbytery,  in  the  room  of  each  commis- 
sioner, to  appoint  also  an  alternate  commissioner  to  supply  his  place,  in 
case  of  necessary  absence. 

1.  The  rule  not  enforced  in  case  of  missionary  Presbyteries. 

a.  The  Committee  on  Elections  reported  that  Rev.  James  W.  Moore 
had  been  nominated  or  selected  by  the  Presbytery  of  Arkansas  at  their 
meeting  in  last  September,  but  that  the  Presbytery  had  been  prevented 
by  high  waters  from  meeting  since  then,  and  consequently  there  could  be 
no  election.  On  motion,  Mr.  Moore  was  admitted  to  a  seat. — 1846,  p. 
197,  O.  S. 

b.  In   reply  to   a   protest  on   this  case,   the  Assembly  says:    "  The 


OF   COMMISSIONERS   TO   THE   GENERAL    ASSEMBLY.  589 

member  admitted  to  a  seat  represents  a  body  occupying  the  remote 
confines  of  our  ecclesiastical  territory — a  body  whose  delegates  must 
travel  fifteen  hundred  miles  to  reach  the  usual  place  of  meeting  of  the 
General  Assembly;  a  body  too  whose  meetings  are  liable  to  be  inter- 
rupted by  insurmountable  difficulties,  and  in  whom  a  technical  irregu- 
larity, occasioned  by  such  difficulties,  may  justly  plead  exemption  from  a 
rigorous  application  of  the  letter  of  the  law.  To  exclude  from  a  partici- 
pation in  the  privileges  of  this  body  one  who  had  surmounted  so  many  and 
such  formidable  obstacles  to  reach  our  place  of  meeting  because  of  an 
informality  in  his  title,  which  does  not,  as  this  Assembly  judges,  violate 
the  spirit  of  the  Constitution,  would  be  to  subject  a  zealous  and  self- 
denying  minister  and  a  whole  Presbytery  to  a  serious  grievance,  and  to 
discourage  the  zeal  of  those  who  of  all  others  most  need  our  sympathy 
and  fostering  care."— 1846,  p.  215,  O.  S. 

C.  A  reference  to  the  Minutes  of  the  General  Assembly  of  1844  will 
show  that  the  Rev.  William  S.  Rogers,  a  commissioner  from  the  Presby- 
tery of  Lodiana,  in  Northern  India,  was  admitted  without  scruple  to  a 
seat  in  that  body,  though  it  is  evident  that  his  appointment  must  have 
been  made  beyond  the  limits  of  time  prescribed  by  the  Constitution. 
The  peculiar  circumstances  of  the  case  no  doubt  influenced,  and  we 
believe  authorized,  that  Assembly  to  act  as  they  did  in  the  premises. — 
1846,  p.  214,  O   S. 

d.  Mr.  Joseph  B.  Junkin,  ruling  elder  of  the  Presbytery  of  the 
Creek  Nation,  produces  such  evidence  that  it  is  the  desire  of  his  Presby- 
tery that  he  should  represent  it  as  a  commissioner  in  this  Assembly,  that, 
considering  the  remote  situation  of  the  Presbytery,  the  difficulty  of  his 
position,  and  the  whole  bearing  of  the  case,  Mr.  Junkin  may  be  safely 
allowed  to  take  his  seat,  without  the  Assembly  thereby  establishing  any 
precedent  to  operate  beyond  the  immediate  case.  The  Committee  is 
therefore  of  opinion  that,  though  he  was  not  regularly  elected,  he  ought 
to  be  allowed  to  take  his  seat  as  a  member  of  the  body. — 1853,  p.  426, 
O.  S. 

e.  In  the  following  case  it  appeared  from  the  evidence  that  the  breth- 
ren of  the  mission  designed  to  make  the  appointment.  No  communica- 
tion, however,  had  been  received  from  them  since  the  meeting  of  the 
Presbytery. 

The  Rev.  J.  L.  Scott,  missionary  in  Northern  India,  being  present 
from  the  Presbytery  of  Furrukhabad  without  a  commission,  but  with 
evidence  of  having  been  duly  appointed,  was,  on  motion  of  Dr.  R.  J. 
Breckenridge,  from  the  Committee  on  Elections,  admitted  to  a  seat,  and 
regularly  enrolled.— 1853,  p.  430,  O.  S. 

2.    No  election  through  Presbytery  failing  to  meet. 

a.  The  Committee  on  Elections  further  reported,  in  the  case  of  Mr. 
David  M.  Smith,  that  it  appeared  to  their  satisfaction  that  the  Presbytery 
of  Columbia  failed  to  form  a  quorum  at  the  time  at  which  their  stated 
spring  meeting  should  have  been  held  according  to  adjournment;  that 
there  were  present  two  ministers  and  ruling  elders  from  a  majority  of  the 
churches,  the  Presbytery  consisting  only  of  five  ministers ;  that  those 
present  requested  that  the  Assembly  would  receive  Mr.  Smith  as  a  com- 
missioner from  their  Presbytery,  in  which  request  two  of  the  absent 
members  have  expressed  their  concurrence  in  writing;  and  that  it  is 
believed  that  the  appointment  of  Mr.  Smith  would  have  been  unanimous 


.590  FORM   OF   GOVERNMENT,    CHAP.    XXII. 

had  the  Presbytery  formed  a  quorum;  and  further,  that  the  Committee 
are  divided  upon  the  question  Avhether,  under  these  circumstances,  Mr. 
Smith  ought  or  ought  not  to  be  admitted  to  a  seat.  It  was  moved  that 
Mr.  Smith  be  admitted  to  a  seat.  After  debate  the  question  was  decided 
in  the  negative. — 1843,  p.  171,  O.  S. 

b.  The  same  Committee  also  reported  that  Hamilton  Smith,  a  ruling 
elder  from  the  Presbytery  of  Upper  Missouri,  had  appeared  without  a 
commission,  but  with  a  written  request  from  several  ministers  and  ruling 
elders  of  that  Presbytery,  which  had  been  able  to  secure  no  quorum  for 
two  years  past,  that  he  be  allowed  to  sit  as  commissioner.  Admitted. — 
1865,  p.  538,  O.  S. 

C.  The  Rev.  L.  M.  Miller,  D.D,,  Chairman  of  the  Committee  on 
Elections,  presented  the  following  report,  which  was  adopted,  and  the 
Rev.  George  W.  Chamberlain  was  ordered  to  be  enrolled: 

The  Committee  on  Elections  Avould  report  that  the  Rev.  George  W. 
Chamberlain,  of  the  Presbytery  of  Rio  de  Janeiro,  Brazil,  is  present 
without  a  commission.  Mr.  Chamberlain  asks  admission  to  the  Assem- 
bly on  this  ground:  He  was  appointed  a  commissioner  regularly  to  the 
Assembly  of  last  year,  and  attended.  He  has  remained  in  this  country 
ever  since,  doing  work  in  behalf  of  his  mission  in  that  country.  Only 
three  ministers  belonging  to  that  Presbytery  remained  in  Brazil.  A 
meeting  was  appointed  in  which  it  was  intended  to  recommissiou  Mr. 
Chamberlain.  Just  previous  to  the  time  indicated,  the  Rev.  Mr.  Simon- 
ton,  one  of  the  presbyters,  died,  and  thus  prevented  organization.  The 
members  remaining  desire  that  he  may  be  permitted  to  represent  that 
Presbytery  in  this  Assembly.  The  only  principle  which  bears  upon  the 
case  is  found  in  the  Digest  on  p.  286,  Sec.  129.  The  Committee  recom- 
mends that  the  Assembly  act  upon  the  question  of  his  admission  Avithout 
discussion.— 1868,  p.  620,  O.  S. 

d.  That  Rev.  Ira  M.  Coudit,  of  the  Presbytery  of  Canton,  is  bearer 
of  an  informal  appointment,  signed  by  all  the  members  of  Presbytery 
who  were  in  Canton  at  the  time;  when,  however,  a  quorum  could  not  be 
assembled  on  account  of  the  absence  of  several  members  in  this  country. 
He  was  admitted  to  a  seat. — 1869,  p.  890,  O.  S. 

3.    Commissioner  enrolled  on  petition  of  members  of  his  Presbytery. 

The  Committee  on  Enrollment  referred  to  the  Assembly  the  case  of 
Mr.  Robert  Livingstone,  who,  in  the  inability  of  both  the  principal  and 
alternate,  who  had  been  elected  to  attend,  was  named  to  the  Assembly, 
by  the  majority  of  the  members  of  the  Presbytery  of  Portland,  as  a  repre- 
sentative of  that  body  in  the  General  Assembly,  with  a  petition  that  he 
be  admitted  to  a  seat.  The  request  was  granted,  and  Ruling  Elder 
Robert  Livingstone  was  enrolled  as  a  commissioner  from  the  Presbytery 
of  Portland.— 1892,  p.  10. 

4.    Commissioners  from  new  Presbyteries. 

a.  The  Committee  to  which  was  referred  an  overture  on  the  subject  of 
admitting  commissioners  from  newly  formed  Presbyteries  to  seats  in  this 
house  reported  the  following  resolutions,  which  were  adopted,  viz. : 

1.  Resolved,  That  it  be  adopted  as  a  standing  rule  of  this  house  that 
commissioners  from  newly  formed  Presbyteries  shall,  before  taking  their 
seats  as  members  of  this  body,  produce  satisfactory  evidence  that  the 
Presbyteries  to  which  they  belong  have  been  regularly  organized  accord- 


OF   COMMISSIONERS   TO   THE   GENERAL    ASSEMBLY.  591 

ing  to  the  Coustitution  of  the  Church,  and  are  in  connection  with  the 
General  Assembly. 

2.  Resolved,  also,  That  such  commissioners  shall  be  entitled  to  furnish 
the  evidence  required  in  the  foregoing  resolution  before  the  house  shall 
proceed  to  the  choice  of  a  Moderator. — 1822,  p.  48. 

b.  Resolved,  That  no  commissioner  from  a  newly  formed  Presbytery 
shall  be  permitted  to  take  his  seat,  nor  shall  such  commissioner  be 
reported  by  the  Committee  on  Commissions,  until  the  Presbytery  shall 
have  been  duly  reported  by  the  Synod  and  recognized  as  such  by  the 
Assembly,  and  that  the  same  rule  apply  when  the  name  of  any  Presby- 
tery has  been  changed. — 1837,  p.  446. 

5.  Commissioners,  not  ruling  elders,  under  the  Plan  of  Union. 

Under  the  ' '  Plan  of  Union  ' '  in  several  cases  members  of  ' '  Standing 
Committees  ' '  not  ordained  elders  were  admitted  as  commissioners  to  the 
Assembly.- 1820,  pp.  721-724;  1826,  pp.  164,  178,  181;  1831,  p. 
318.     Growing  out  of  the  last  case  was  the  following: 

Resolved,  That  in  the  opinion  of  the  General  Assembly  the  appointment 
by  some  Presbyteries,  as  has  occurred  in  a  few  cases,  of  members  of 
Standing  Committees  to  be  members  of  the  General  Assembly,  is  inexpe- 
dient and  of  questionable  constitutionality,  and  therefore  ought  not  in 
future  to  be  made. 

The  yeas  and  nays  on  this  resolution  were  taken  and  required  to  be 
recorded,  and  are  as  follows,  viz.,  yeas  81,  nays  54. — 1831,  p.  338. 

[Note.— See  Minutes,  1832,  pp.  354-356  ;  1833,  p.  392.] 

6.  Commissioners  should  attend  to  the  close   of  the  session. 

Presbyteries  to  call  their  commissioners  to  account. 

a.  Whereas,  Many  members  of  the.  General  Assembly  are,  from  year 
to  year,  in  the  habit  of  asking  leave  of  absence  long  before  its  sessions 
are  closed ;  and  whereas,  in  receiving  and  acting  upon  these  applications, 
much  of  the  time  of  the  Assembly  is  consumed,  and  much  of  the  most 
important  business  has  to  be  transacted  by  few  members;  therefore. 

Resolved,  1.  That  the  Presbyteries  be  directed  to  pay  particular  atten- 
tion to  the  following  minute,  found  in  Vol.  i,  p.  308,  of  Printed 
Extracts,  and  also  in  Digest  (1820)'  p.  76,  viz. :  "  The  Presbyteries  are 
informed  that  their  Commissioners  should  attend  with  the  expectation 
that  the  sessions  will  be  of  two  weeks'  continuance,  and  that  arrangements 
should  be  made  accordingly." 

Resolved,  2.  That  it  be  recommended  to  the  Presbyteries  to  inform 
their  commissioners,  when  they  accept  an  appointment,  that  it  is  expected 
they  will  continue  in  the  Assembly  until  the  close  of  its  sessions,  unless 
some  unforeseen  and  imperious  reason  should  require  them  to  ask  leave 
of  absence. 

Resolved,  3.  That  each  Presbytery  require  their  commissioners  to  report 
whether  they  attended  the  sessions  of  the  Assembly  the  whole  time,  and 
that  the  report  of  the  commissioners  on  this  subject  be  recorded  on  the 
minutes  of  the  Presbytery. — 1824,  p.  119. 

b.  The  Committee  on  Leave  of  Absence  beg  leave  to  submit  to  the 
General  Assembly  that,  whereas  it  both  fulfills  the  requirements  of  our 
excellent  Church  polity,  and  facilitates  the  business  of  the  Assembly, 
and  also  should  be  regarded  as  both  a  duty  and  a  privilege,  for  elders  as 
well  as  ministers  to  attend  its  sessions;  therefore  be  it 


592  FORM    OP   GOVERNMENT,    CHAP.    XXII. 

Resolved,  That  elders  and  ministers  who  from  time  to  time  may  repre- 
sent the  Presbyteries  in  General  Assembly  be  earnestly  requested  to 
arrange  their  business,  as  far  as  possible,  before  leaving  home,  that  they 
may  remain  to  the  end  of  its  sessions,  and  thus  fulfill  their  high  commis- 
sions, and  enjoy  the  valued  privileges  as  members  of  the  highest  judica- 
tory of  our  Church. 

The  resolution  was  adopted. — 1862,  p.  38,  N.  S. 

C.  On  the  recommendation  of  the  Standing  Committee  on  Leave  of 
Absence,  it  was 

Resolved,  That  the  General  Assembly  earnestly  recommend  to  its 
Presbyteries,  as  far  as  possible,  the  appointment  as  commissioners  of 
those  only  who  are  able  and  willing  to  remain  to  the  close  of  its  sessions, 
to  the  end  that  all  the  work  of  the  Assembly  may  be  performed  by  all 
its  members.— 1867,  p.  499,  N.  S. 

7,    A  cominissioner,  having  taken  his  seat,  may  not  resign  it  to 
his  alternate  or  principal. 

[Note. — From  the  origin  of  the  General  Assembly,  it  was  frequent  usage  for  the 
principal  to  resign  his  seat  to  the  alternate,  and  vice  versa.  But  in  1827  the  following 
act  was  adopted:] 

The  Committee  to  whom  were  referred  Overtures  Nos.  4  and  5,  contain- 
ing resolutions  of  the  Presbyteries  of  Richland  and  Charleston  Union, 
disapproving  the  practice  of  permitting  members  of  the  General  Assem- 
bly "  at  various  stages  of  the  sessions  to  resign  their  seats  to  others 
called  alternates, ' '  made  the  following  report,  viz. : 

These  overtures  present  two  points  of  inquiry : 

1.  Whether  the  Constitution  of  the  Church,  according  to  a  fair  inter- 
pretation, permits  the  practice  complained  of  by  these  Presbyteries. 

2.  If  this  practice  is  allowed  by  the  Constitution,  whether  it  is  expe- 
dient that  it  should  be  continued. 

As  to  the  first  question,  the  only  authority  on  this  subject,  as  far  as 
appears  to  your  Committee,  is  found  in  Form  of  Government,  Chap, 
xxii.  Sec.  i,  in  these  words:  "  And  as  much  as  possible  to  prevent  all 
failure  in  the  representation  of  the  Presbyteries,  arising  from  unforeseen 
accidents  to  those  first  appointed,  it  may  be  expedient  for  each  Presby- 
tery, in  the  room  of  each  commissioner,  to  appoint  also  an  alternate 
commissioner  to  supply  his  place  in  case  of  necessary  absence. ' ' 

The  first  remark  obviously  presenting  itself  here  is  that  the  language 
quoted,  so  far  from  making  the  appointment  of  alternates  necessary, 
contains  nothing  more  than  a  recommendation  of  the  measure  expressed 
in  very  gentle  terms. 

In  the  next  place,  although  the  terms  of  the  article  may  be  so  inter- 
preted as  to  make  it  provide  for  the  necessary  absence  of  a  Commissioner 
at  any  time  during  the  sessions  of  the  Assembly,  yet  it  appears  most 
reasonable  to  suppose  that  the  intention  of  the  framers  of  the  Constitution 
was  to  provide  for  those  unforeseen  events  which  might  altogether  prevent 
the  attendance  of  the  primary  commissioners.  For  it  is  not  at  all  proba- 
ble that  wise  men,  in  drawing  up  a  Constitution  for  a  Church  judica- 
ture of  the  highest  dignity,  whose  business  is  often  both  very  important 
and  extremely  difficult,  would  provide  for  a  change  in  the  members  of 
the  court  after  it  should  be  constituted  and  become  deeply  engaged  in  the 
transaction  of  weighty  affairs  and  the  investigation  of  certain  perplexing 
questions.     A  measure  of  this  kind  is,  the  Committee  believe,  without 


OF   COMMISSIONERS   TO    THE    GENERAL    ASSEMBLY.  593 

example,  and  therefore  the  coustruction  which  would  support  it  is  thought 
to  be  erroneous. 

If  in  this  case  the  Committee  have  judged  correctly,  they  are  much 
more  confident  in  the  remarks  that  the  Constitution  does  not  justify  the 
practice,  now  very  common,  of  the  arrangements  for  convenience  made 
by  the  primary  commissiouer  and  his  alternate,  according  to  which  the 
one  or  the  other,  as  the  case  may  be,  takes  his  seat  for  a  few  days  in  the 
Assembly,  I'esigns  it,  and  goes  to  his  secular  business. 

But,  secondly,  if  it  should  be  determined  that  the  Constitution  permits 
these  changes  in  some  instances,  the  Committee  are  constrained  to  believe 
that  the  practice  is,  on  the  whole,  entirely  inexpedient: 

1.  Because  it  creates  dissatisfaction  among  many  brethren,  as  well 
those  who  have  complained  of  it  as  others  who  have  held  their  peace. 

2.  It  gives  an  invidious  advantage  to  the  neighboring  Presbyteries 
over  those  which  are  remote. 

3.  It  may  be  the  occasion  of  a  number  of  abuses  against  which  the 
Assembly  ought  to  guard,  but  which  the  Committee  do  not  think  it  need- 
ful to  specify. 

4.  But,  chiefly,  it  often  embarrasses  and  retards  the  proceedings  of 
the  Assembly,  because  members  of  Committees  resign  to  alternates  before 
the  Committees  to  which  they  belonged  have  finished  their  business  or 
received  a  discharge  from  the  house ;  because  new  members  coming  into 
the  Assembly  in  the  midst  of  business  often  cannot  possibly  understand 
it  sufficiently  to  decide  on  it  wisely,  and  because  speeches  made  in  rela- 
tion to  matters  imperfectly  understood  often  shed  darkness  and  throw 
•perplexity  over  them,  and  thus  very  much  time  is  wasted  in  discussions 
which  profit  nothing. 

Finally,  the  practice  is  thought  to  be  derogatory  to  the  dignity  and 
usefulness  of  the  General  Assembly.  For  these  reasons  the  Committee 
recommend  the  adoption  of  the  following  resolution: 

Resolved y  That  in  the  judgment  of  this  General  Assembly  the  construc- 
tion of  the  Constitution,  Form  of  Government,  Chap,  xxii,  Sec.  i, 
which  alloAVS  commissioners,  after  holding  their  seats  for  a  time,  to 
resign  them  to  their  alternates,  or  which  allows  alternates  to  sit  for  a 
while  and  then  resign  their  places  to  their  principals,  is  erroneous ;  that 
the  practice  growing  out  of  this  construction  is  inexpedient,  and  that  it 
ought  to  be  discontinued. 

The  above  report  was  accepted,  and  the  resolution  with  which  it  closes 
was  adopted.— 1827,  p.  209,  210. 

[Note.— See  1872,  p.  68,  Form  of  Gov.,  Chap.  ix.  Also  No.  19,  p.  170;  No.  9a,  p.  594.] 
8.    Rule  dispensed  with  under  peculiar  circumstances. 

a.  Rev.  Jacob  D.  Mitchell  informed  the  Assembly  that,  as  the  alter- 
nate named  in  the  commission  from  West  Hanover,  his  principal.  Rev. 
James  Wharey,  not  being  present,  he  had  at  the  commencement  of  the 
Assembly  taken  his  seat  as  a  member,  and  that  Mr.  Wharey  had  now 
arrived,  having  been  detained  in  the  providence  of  God.  Mr.  Mitchell 
moved  that  he  have  leave  to  resign  his  seat  in  favor  of  Mr.  Wharey.  It 
was  then  moved  and  carried  that,  under  the  peculiar  circumstances  of 
the  case,  the  standing  rule  be  dispensed  with,  and  that  Mr.  Wharey  be 
admitted  a  member  in  the  place  of  Mr.  Mitchell. — 1836,  p.  245. 

b.  The  Rev.  Thomas  P.  Hunt,  of  the  Presbytery  of  Luzerne,  stated 
to  the  Assembly  that,  owing  to  peculiar  circumstances,   he  as  alternate 


594  FORM    OF   GOVERNMENT,    CHAP.    XXII. 

had  taken  his  seat  as  a  member  of  the  house,  and  that  he  wished  to 
resign  it  to  Rev.  John  Dorrance,  the  principal  named  in  the  eomniission. 

Resolved,  That  in  view  of  the  peculiar  circumstances  of  the  case  which 
were  stated  at  large  by  Mr.  Hunt,  this  request  be  granted,  and  that  Mr. 
Dorrance' s  name  be  inserted  on  the  roll  instead  of  Mr.  Hunt's. — 1844, 
p.  368,  O.  S. ;  see  also  1847,  p.  382,  O.  S. 

C.  Alexander  Swaney,  minister  of  the  Presbytery  of  Steubenville, 
having  obtained  leave  of  absence,  his  alternate.  Rev.  C.  C.  Beatty, 
D.D.,  was,  on  motion  of  Judge  Leavitt,  admitted  to  a  seat. — 1850,  p. 
459;  see  1851,  p.  24,  O.  S. 

d.  On  motion  of  Dr.  Hornblower,  the  name  of  Theodore  Litle,  ruling 
elder  from  the  Presbytery  of  Passaic,  was  substituted  for  that  of  Harvey 
Law,  who  has  occupied  a  seat  as  commissioner  from  that  Presbytery 
since  the  fourth  day  of  our  session. — 1861,  p.  321,  O.  S, 

9.    The  right  of  alternates  to  sit  is  at  the  discretion  of  the 
judicatory. 

a.  The  Committee  upon  the  Records  of  the  Synod  of  Colorado  would 
report  their  approval,  with  one  exception,  to  wit: 

On  p.  254  the  Synod  excepted  to  the  action  of  the  Presbytery  of 
Boulder  in  admitting  to  a  seat  in  an  adjourned  nieeting  an  alternate  in 
place  of  a  principal  who  had  sat  in  a  previous  regular  meeting. 

The  Committee  had  also  referred  to  it  the  report  of  the  Judiciary 
Committee  upon  the  matters  involved  in  the  complaint  of  Rev.  J.  L. 
Reid  against  the  action  of  the  Synod  of  Colorado  in  excepting  to  the 
action  of  the  Presbytery  of  Boulder  in  admitting  to  a  seat  at  an  ad- 
journed meeting  an  alternate  in  place  of  a  principal  who  had  sat  in  a 
previous  regular  meeting.     The  Committee  would  report: 

1.  That,  in  their  opinion,  the  very  object  of  electing  an  alternate  is  to 
ensure,  if  possible,  the  actual  representation  of  each  constituency  in  its 
proper  judicatory. 

2.  That,  as  the  General  Assembly  has  in  several  instances  admitted  to 
seats  in  its  own  body,  during  the  progress  of  its  annual  meeting  (see 
Digest,  1886,  p.  468),  an  alternate  in  place  of  a  principal  who  wished 
to  be  absent  during  the  residue  of  the  meeting,  it  is  expedient  that  this 
subject,  so  far  as  there  is  no  positive  law,  be  left  to  the  judgment  of  the 
several  Presbyteries,  as  circumstances  may  require.  Adopted.  — 1886, 
p.  110. 

[Note.— See  No.  8,  p.  59;i] 

b.  The  Permanent  Committee  on  Enrollment  reported  that  the  Rev. 
Dr.  James  T.  Leftwich,  principal  commissioner  from  the  Presbytery  of 
Baltimore,  had  taken  his  seat,  but  had  been  called  away  and  would  not 
be  able  to  return,  and  recommended  that  the  Rev.  Joseph  T.  Smith, 
D.  D.,  an  alternate  commissioner  from  the  same  Presbytery,  be  enrolled. 
The  recommendation  was  adopted,  and  Dr.  Smith  was  enrolled. — 
1890,  p.  65. 

10.  At  an  adjourned  meeting  alternates  enrolled. 
The  Committee  on  Commissions  reported  that  several  gentlemen  were 
present  with  commissions  as  alternates,  the  principals  being  absent.  On 
motion,  it  was  Resolved,  That  all  alternates  presenting  regular  commis- 
sions be  enrolled,  the  principals  being  absent. — 1869,  reprint,  p.  504, 
O.  S. 


OF    COMMISSIONERS    TO    THE    GENERAL    ASSEMBLY.  595 

11.    Ratios  and  excess  of  representation. 

[Note. — See  in  this  Digest,  p.  278.] 

12.  Ruling  elder  need  not  be  a  member  of  Presbytery. 
Overture,  from  the  Presbytery  of  Holston,  asking,  would  the  election 
of  a  ruling  elder  as  a  commissioner  to  the  General  Assembly  be  valid,  if 
at  the  time  of  his  election  he  were  not  in  the  Presbytery  electing  him. 
Such  election  would  be  valid,  if  he  is  a  member  of  a  church  under  the 
care  of  Presbytery.     Adopted.  —1889,  p.  102. 

13.  Ruling  elders  who  have  been  dismissed  from  the  church  in  which 
they  served,  to  another,  cannot  be  elected. 
Overture,  from  the  Presbytery  of  Neosho,  concerning  the  eligibility  to 
election  as  a  commissioner  to  the  General  Assembly  of  an  elder  serving 
under  either  the  term  or  permanent  service  in  a  particular  church,  when 
dismissed  to  another  church  under  the  jurisdiction  of  the  General  Assem- 
bly. It  is  recommended  that  the  overture  be  answered  in  the  negative. 
Adopted.— 1897,^p.  133. 

..  14.    Power  to  expel  commissioners. 

[Note. — See  in  this  Digest,  p.  299.] 

II.  Each  commissioner,  before  his  name  shall  be  enrolled  as  a  member 
of  the  Assembly,  shall  produce  from  his  Presbytery,  a  commission  under 
the  hand  of  the  moderator  and  clerk,  in  the  following,  or  like  form, — viz. 

The  Presbytery  of  being  met  at  on  the 

day  of  doth  hereby  appoint  bishop 

of  the  congregation  of  [or  ruling  elder  in  the 

congregation  of  as  the  case  may  be :]  (to  which  the  Pres- 

bytery may,  if  they  think  proper,  make  a  substitution  in  the  following 
form)  or  in  case  of  his  absence,  then  bishop  of  the  con- 

gregation of  [or  ruling  elder  in  the  congrega- 

tion of  as  the  case  may  be :]  to  be  a  commissioner,  on 

behalf  of  this  Presbytery,  to  the  next  General  Assembly  of  the  Presby- 
terian Church  in  the  United  States  of  America,  to  meet  at 
on  the  day  of  A.D.  or  wherever,  and 

whenever  the   said  Assembly  may  happen  to  sit;    to  consult,   vote,  and 
determine,  on  all  things  that  may  come  before  that  body,  according  to  the 
principles  and  Constitution  of  this  Church,  and  the  Word  of  God.     And 
of  his  diligence  herein,  he  is  to  render  an  account  at  his  return. 
Signed  by  order  of  the  Presbytery, 

Moderator, 
Clerk. 

And  the  Presbytery  shall  make  record  of  the  appointment. 

1.    The  rule  must  be  complied  with.    A  certificate  of  appointment 
is  not  a  commission. 

The  Committee  on  Commissions  presented  a  supplemental  report,  which 
was  adopted,  and  is  as  follows: 

The  Committee  on  Commissions  respectfully  report  that  the  commis- 


596  FORM    OF    GOVERNMENT,    CHAP.    XXII. 

sionei's  whose  names  are  hereinafter  given  have  presented  to  the  Committee 
certificates  of  appointment  and  not  commissions,  viz. : 
The  Committee  recommend: 

1.  That  these  commissioners,  although  their  credentials  are  informal, 
be  duly  enrolled. 

2.  That  the  Stated  Clerk  of  the  Assembly  notify  the  Stated  Clerks  of 
the  above-named  Presbyteries,  that  the  form  of  the  commission  of 
commissioners  to  the  General  Assembly  is  printed  in  Chap,  xxii  of  the 
Form  of  Government,  and  that  mere  certificates  of  appointment  are 
not  a  compliance  with  the  requirements  of  the  Constitution. — 1896, 
p.  11. 

2.    Irregularities  and  defects  in  commissions.    Commissioner 

received. 

a.  Without  a  commission,  but  brings  testimony  of  appointment. — 
1792,  p.  48;  1793,  p.  65;  1794,  p.  79;  1795,  p.  94;  1806,  p.  347; 
1816,  p.  605;  1821,  p.  7,  and  passim. 

b.  Commission  signed  only  by  the  Stated  Clerk. — 1795,  p.  94;  1830, 
p.  281. 

C.  Not  in  due  form.— 1828,  p.  226;  1829,  p.  254;  1858,  p.  574, 
N.  S.  ;  1852,  p.  201,  O.  S.,  and  passim. 

d.  Wanting  the  date  of  the  year  of  appointment. — 1831,  p.  317. 

e.  Wanting  signature  of  Moderator.— 1831,  p.  317;  1833,  p.   389; 

1834,  p.  422;  1835,  p.  465;  1869,  p.  889,  O.  S. 

f.  Extract  from  the  Minutes  signed  by  Stated  Clerk. — 1834,  p.  422; 

1835,  p.  465;  1837,   p.   415;  1849,  p.  166,   N.  S. ;  1851,  p.  9,  O.  S., 
and  passim. 

[Note. — No.  1,  p.  595,  forbids  this.] 

g.  Wants  the  signature  of  the  Clerk.— 1834,  p.  422;  1836,  p.  238; 
1839,  p.  8,  N.  S. 

h.  Dated  more  than  seven  months  before  Assembly. — 1834,  p.  422. 

i.  From  Presbyteries  whose  organization  has  not  yet  been  reported 
oflicially  to  the  General  Assembly.— 1855,  p.  265,  O.  S. ;  1865,  p.  528, 
O.  S. ;  1868,  p.  597,  O.  S. 

k.  The  Committee  on  Elections  also  reported  that  they  had  satisfac- 
tory'  proof  that  it  was  the  wish  of  the  Presbytery  of  Allahabad,  in 
Northern  India,  that  the  Rev.  L.  G.  Hay  should  represent  said  Presby- 
tery in  the  General  Assembly,  but  that,  on  account  of  the  rebellion  in 
India  and  consequent  confusion,  the  Presbytery  had  not  held  a  formal 
election,  and  the  Committee  refer  the  case  to  the  Assembly. 

Gu  motion  it  was  ordered  that  he  be  admitted  to  a  seat,  and  his  name 
was  accordingly  enrolled.— 1858,  p.  262,  O.  S.  ;  1869,  p.  889,  O.S. 

1.  The  Committee  on  Elections  reported  that  Rev.  James  M.  Roberts 
appeared  before  them  with  a  commission  from  the  Presbytery  of  Santa 
Fe,  regular  in  its  form,  but  defective  because  the  Presbytery  has  fallen 
below  the  constitutional  number  of  five  members.  The  Committee 
recommend  that  he  be  received,  and  his  name  enrolled.  The  report  was 
adopted.— 1877,  p.  507. 

m.  John  G.  Kerr,  M.D.,  an  elder  from  the  Presbytery  of  Canton, 
but  without  a  commission,   was  enrolled.     The  facts  of  the  case  were 


OF   COMMISSIONERS   TO   THE   GENERAL    ASSEMBLY.  597 

referred  to  a  Special   Committee,  to  report  a  minute  iu  the  ca.se — 1885, 
pp.  587,  588  and  684. 

fNoTE.— Dr.  Kerr  had  been,  but  was  not  at  the  time,  an  acting  elder  in  the  Second 
Church,  Canton,  having  declined  that  the  church  might  have  native  elders  only.] 

The  Committee  reported,  recommending  "  that  no  further  action  be 
taken  in  the  case." — 1886,  p.  114. 

[Note. — The  usage  is,  that  where  the  Committee  on  Commissions  have  satisfactory 
evidence  of  the  appointment  of  the  commissioner  by  his  Presbytery,  his  name  is  en- 
rolled.   In  other  cases  the  claim  is  referred  to  the  Assemblj'.] 

3.    Some  evidence  of  appointment  necessary. 

The  Committee  on  Elections  reported  that  Rev.  Augustus  Brodhead, 
D.D. ,  of  the  Presbytery  of  Allahabad,  appeared  before  them  without  a 
commission,  and  also  without  any  evidence  of  his  election  as  such,  or  of 
the  wish  of  his  Presbytery  that  he  should  represent  them  in  this  Assem- 
bly. The  Committee  recommended  no  action  iu  the  case.  The  report 
was  adopted. — 1877,  p.  500. 

4.    The  Assembly  will  not  go  behind  a  commission. 

In  the  case  below,  a  member  of  the  Presbytery  informed  the  Assembly 
that  Mr.  BLssell  had  not  been  set  apart  as  an  elder,  but  appointed,  as 
was  supposed,  in  accordance  with  the  Plan  of  Union.  In  answer  to  a 
protest,  the  Assembly  reply: 

Mr.  Bissell  was  admitted  by  the  Assembly  for  the  folloAving  reasous: 

1.  The  commission  which  Mr.  Bissell  produced  was  in  due  form,  and 
signed  by  the  proper  officers  of  the  Presbytery. 

2.  Every  Presbyteiy  has  a  right  to  judge  of  the  qualifications  of  its 
own  raembei-s,  and  it  is  amenable  to  Synod,  and  not  to  the  General 
Assembly,  except  by  way  of  appeal  or  reference  or  complaint  regularly 
brought  up  from  the  inferior  judicatories,  which  has  not  been  done  in 
the  px'esent  case. 

3.  It  would  be  a  dangerous  precedent,  and  would  lead  to  the  destruc- 
tion of  all  order  in  the  Church  of  Christ,  to  permit  unauthorized  verbal 
testimony  to  set  aside  an  authenticated  written  document. — 1826,  p.  181. 

5.    Assembly's  Permanent  Committee  on  Commissions. 

Commissioners  are  to  present  their  commissions  to  the  Permanent  Com- 
mittee on  Commissions,  on  the  morning  of  the  first  day  of  the  sessions  of 
the  Assembly.  The  Committee  meets  invariably  at  8.30  A.  M.,  of  said 
first  day,  at  the  church  in  which  the  Assembly  meets. — Standing  Order, 
No.  2,  see  p.  262. 

6.    Advisory  members. 

In  all  regions  where  through  the  organization  of  Union  Presbyteries 
there  are  no  Presbyteries  in  connection  with  this  Assembly,  each  mission 
organized  as  such  under  our  Board  of  Foreign  Missions  may  send  to  the 
General  Assembly  an  ordained  missionary,  or  ruling  elder,  as  a  delegate ; 
and  the  Standing  Rules  of  the  Assembly  are  hereby  so  amended  that  such 
delegate  is  entitled  to  sit  as  an  advisory  member  in  the  Assembly,  and  to 
speak,  under  the  rules,  on  all  questions,  and  his  expenses  from  his  domi- 
cile in  this  country  to  and  during  the  Assembly  and  return,  shall  be  met 
as  those  of  commissioners,  out  of  the  funds  of  the  Assembly. — Standing 
Order,  No.  14,  see  p.  264. 


598  FORM    OF    GOVERNMENT,    CHAP.    XXII. 

7.    Corresponding  members. 

a.     Officers  of  the  Assembly. 

The  permanent  officers  of  the  judicatory  shall  have  the  rights  of  corre- 
sponding members  in  matters  touching  their  several  offices. — Rules  for 
Judicatories,  No.  41,  p.  269. 

b.     Secretaries  of  the  Boards. 

Resolved,  That  all  the  secretaries  of  the  Boards  of  the  Church  shall 
have  the  privileges  of  corresponding  members  of  the  General  Assembly 
in  discussions  bearing  upon  the  interests  of  the  Boards  which  they  sever- 
ally represent. — 1870,  p.  85. 

C.     Delegates  from  corresponding  bodies.     Ministers  .casually  present. 

[Note.— See  in  this  Digest,  p.  277.] 

III.  In  order,  as  far  as  possible,  to  procure  a  respectable  and  full  dele- 
gation to  all  our  judicatories,  it  is  proper  that  the  expenses  of  ministers 
and  elders  in  their  attendance  on  these  judicatories,  be  defrayed  by  the 
bodies  which  they  respectively  represent. 

1.    The  commissioners'  fund.    Former  plans. 

[Note. — The  Assembly  of  1792,  p.  59,  ordered  "that  each  Presbytery  pay  their  own 
commissioners  for  the  future,  and  for  attending  the  present  Assembly."  In  1803,  p. 
279,  the  expense  of  attending  the  Assembly  from  distant  Presbyteries  was  brought  to 
the  notice  of  the  body  by  overture,  and  a  Committee  appointed.  On  its  report,  p.  282, 
the  subject  was  referred  to  the  Presbyteries,  with  directions  to  report  to  the  next 
Assembly.     In  1804,  p.  311,  the  following  resolution  was  adopted,  viz. :] 

Resolved,  That  it  be  recommended  to  the  Presbyteries  belonging  to  the 
Synod  of  New  York  and  New  Jersey,  and  to  the  Synod  of  Philadelphia, 
earnestly  to  advise  the  churches  under  their  care  to  make  an  annual 
collection,  to  be  specially  appropriated  to  aid  in  the  payment  of  the 
expenses  of  the  commissioners  from  the  more  distant  parts  of  the  coun- 
try, to  enable  them  to  attend  the  General  Assembly,  and  that  the  money, 
when  collected,  be  put  into  the  hands  of  the  treasurer  of  the  corpora- 
tion, and  paid  to  the  persons  who  may  attend  as  commissioners  under 
the  direction  of  the  General  Assembly. 

A  more  comprehensive  plan,  looking  to  .collections  in  all  the  churches, 
was  adopted  by  the  Assembly  of  1806,  pp.  369-371 ;  see  also  1807,  pp. 
385,  386;  1822,  p.  56. 

In  1833,  p.  410,  the  Assembly  urgently  pressed  the  necessity  of  con- 
tribution to  the  common  fund  on  all  the  churches  under  its  care. 

[Note.— See  also  Minutes,  1847,  p.  395,  0.  S. ;  1851,  p.  24,  N.  S. ;  1857,  p.  399,  N.  S. 
(Digest,  1886,  pp.  471,  472)  ;  1870,  pp.  59,  100  {Digest,  1886,  pp.  472-474).] 

2.    Mileage  and  contingent  funds. 

[Note.— Adopted  by  the  General  Assembly  of  1870;  and  amended  1875,  1877, 
18S4  and  1890.] 

a.  It  is  affirmed,  Form  of  Government,  Chap,  xxii.  Sec.  iii,  that,  "  in 
order,  as  far  as  possible,  to  procure  a  respectable  and  full  delegation  to 
all  our  judicatories,  it  is  proper  that  the  expenses  of  ministers  and 
elders,  in  their  attendance  on  these  judicatories,  be  defrayed  by  the 
bodies  which  they  respectively  represent." 

The  principle  is  thus  established,  that  provision  should  be  made  for  the 
payment   of    the  traveling  expenses  of  commissioners   to   the  General 


OF   COMMISSIONERS   TO   THE    GENERAL   ASSEMBLY.  599 

Assembly.  This  provision  should  be  made  by  the  Presbyteries.  As  far 
as  possible,  the  feebler  Presbyteries  should  be  aided  in  this  matter  by  the 
stronger.  It  appears  just  and  reasonable,  and  so  has  been  found  by 
experience,  that  the  estimated  contingent  expenses  of  each  Assembly, 
and  the  traveling  expenses  of  the  commissioners  in  coming  to  and 
returning  from  the  Assembly,  should  be  fully  met  by  the  apportionment 
of  the  whole  amount  among  the  several  Presbyteries,  according  to  the 
number  of  their  communicants  respectively. 
It  is  therefore  recommended : 

1.  That  the  Standing  Committee  on  Mileage,  annually  appointed,  be 
instructed  to  present  an  estimate  of  the  probable  amount  that  will  be 
needed  by  the  next  General  Assembly,  in  order  to  meet  their  contingent 
expenses  and  the  traveling  expenses  of  their  commissioners,  with  a  state- 
ment of  the  per  capita  rate,  based  on  the  number  of  communicants,  that 
Avill  be  needed  to  secure  the  amount. 

2.  That  the  Presbyteries,  at  their  stated  meeting  next  following  the 
adjournment  of  the  General  Assembly,  apportion  the  amount  required 
of  their  churches  as  they  deem  best. 

3.  That  the  churches  be  instructed  to  pay  over  their  respective  appor- 
tionments at  the  stated  meeting  of  their  Presbyteries  next  preceding  the 
meeting  of  the  General  Assembly — the  whole  amount  due  from  the  Pres- 
bytery to  be  forwarded  to  the  Assembly  by  their  commissioners. 

4.  That,  as  early  as  the  fourth  day  of  the  sessions  of  the  Assembly, 
the  apportionment  of  each  Presbytery  be  paid  in  full,  and  a  bill  of  the 
necessary  traveling  expenses  of  its  commissioners  be  presented  to  the 
Standing  Committee  on  Mileage.  — N.  B.  It  is  understood  that  commis- 
sioners, both  in  coming  to  and  returning  from  the  Assembly,  will  avail 
themselves  of  any  commutation  of  fares  that  may  be  offered  in  season  \ 
and  that  in  other  cases  they  are  to  take,  when  practicable,  the  most  econ- 
omical route;  no  allowance  to  be  made  for  extra  accommodations  on  the 
way.  Also,  that  no  one  will  charge  for  return  expenses  unless  he  intends 
to  go  back  to  his  field  of  labor ;  and  that  no  one  on  a  business  tour,  or 
excursion  of  pleasure,  will  make  a  convenience  of  the  meeting  of  the 
Assembly  and  expect  payment  of  his  traveling  expenses  from  the  Mile- 
age Fund.  Also,  that  commissioners,  as  soon  after  their  arrival  as 
practicable,  are  to  report  themselves  to  the  Committee  of  Arrangements, 
and  have  their  respective  places  of  abode  assigned  them. 

5.  That  the  Mileage  Committee,  after  appropriating  from  the  whole 
sum  an  amount  sufficient  to  meet  the  estimated  contingent  expenses  of 
the  Assembly,  be  instructed  to  audit  these  bills  and  that  the  Stated  Clerk 
pay  them  pro  rata  (if  found  in  accordance  with  the  preceding  regula- 
tions), as  far  as  the  funds  will  permit. 

6.  That,  in  order  to  avail  themselves  of  the  proceeds  of  this  fund,  the 
Presbyteries  must  contribute  their  full  proportion  to  it  according  to  the 
per  capita  rate. 

7.  That  every  minister,  and  every  vacant  church  contributing  to  this 
fund,  connected  with  the  Presbyteries  thus  complying  with  the  provis- 
ions of  this  plan,  be  entitled  to  a  copy  of  the  annual  Minutes  of  the 
General  Assembly. 

8.  That  the  comissioners  from  Presbyteries  in  foreign  lands  receive  their 
necessary  traveling  expenses,  pro  rata,  from  their  place  of  residence  in 
this  country. —1870,  pp.  59,  60;  1897,  p.  130. 

In  accordance  with  this  system,  every  Presbytery  is  requested  to  pay 


600  FORM    OF    GOVERNMENT,    CHAP.    XXII. 

in  full,  next  year,  to  the  Stated  Clerk  of  the  General  Assembly,  a  sum 
equal  to  (four)*  cents  for  mileage,  and  (one  and  one-half)  cents  for  contin- 
gent expenses,  or  in  all  (five  and  one-half)  cents  for  every  communicant 
under  the  care  of  their  churches,  as  determined  by  their  statistical  report 
herewith  printed.  This  will  entitle  their  commissioners  to  a  full  share 
in  the  apportionment  for  necessary  traveling  expenses.  It  is  expected 
that  these  expenses  will  be  fully  met,  if  the  Presbyteries  comply  with  the 
recommendations  of  the  Assembly. — 1895,  p.  324;  1897,  p.  300. 
They  are  expected,  also,  to  provide  for  an 

b.     Entertainment  Fund. 

In  addition  to  the  Mileage  Fund,  the  x^ssembly  of  1877  made  pro- 
vision for  a  "  Supplemental  Contingent  Expense  Fund,"  to  "be  used 
for  the  purpose  of  meeting  the  expense  of  entertaining  such  commis- 
sioners as  are  not  otherwise  provided  for. ' '  Each  Presbytery  is  requested 
to  contribute  to  this  fund  a  sura  equal  at  least  to  one  and  one-half  cents 
per  church  member,  and  to  forward  it,  with  the  Mileage  Fund,  to  the 
Stated  Clerk  of  the  Assembly.  It  is  to  be  disbursed  by  the  Committee 
of  Arrangements,  whose  bills  for  entertainment  the  Stated  Clerk,  as 
Treasurer,  is  authorized  to  pay,  after  they  have  been  approved  by  an 
Auditing  Committee.— 1895,  p.  325;  1897,  p.  301. 

C.      Whe7i  the  apportionment  should  be  forwarded  to  the  Stated  Clerk.' 

Resolved,  That  the  Presbyteries  be  urged  to  forward  the  amounts  of 
their  apportionments  to  the  Stated  Clerk,  at  least  two  weeks  prior  to  the 
meeting  of  the  General  Assembly. — 1895,  p.  126. 

3.    None  of  the  Church  judicatories  have  power  to  assess  a  tax 
upon  the  churches. 

The  Committee  on  Reduced  Representation,  to  whom  were  referred 
certain  resolutions  in  Beference  to  the  Mileage  and  Contingent  Funds  of 
the  General  Assembly,  reported  as  follows : 

In  the  judgment  of  the  Committee,  the  position  taken  in  the  resolu- 
tions is  the  constitutional  one.  None  of  our  Church  courts  are  clothed 
with  the  power  to  assess  a  tax  upon  the  churches.  Apportionments  to 
meet  the  expenses  of  the  several  bodies  may  be  made;  but  the  payment 
depends  upon  tliat  voluntary  liberality  which  flows  from  the  enlightened 
consciences  of  the  people,  who  may  be  confidently  relied  upon  to  return 
whatever  is  necessary  for  the  conduct  of  our  ecclesiastical  business.  The 
Committee  regret  while  they  appreciate  the  state  of  afilairs  which  has  led 
so  many  Pi-esbyteries  to  announce  their  conditional  purpose  hereafter  to 
withhold  their  proportion  from  the  Mileage  Fund  of  this  body.  That 
Fund  has  done  so  much  to  secure  the  representation  of  all  parts  of  the 
denomination  in  its  supreme  court,  that  it  would  be  a  calamity  to  have 
it  destroyed.  The  Committee  express  the  hope  that  the  current  year 
will  end  the  embarrassment  which  now  surrounds  the  fund,  and  has  led 
to  the  purposed  withdrawal  of  Presbyterial  aid;  and  that,  this  removed, 
the  Presbyteries  will  continue  to  receive  from  their  churches,  and  forward 
to  the  treasurer  of  the  General  Assembly,  the  full  amount  of  the  per 
capita  communicant  apportionment. 

Under  the  influence  of  this  view  of  the  subject,  the  Committee  report 

*  [Note.— The  amount  of  the  apportionment  for  Mileage,  etc.,  varies  from  time  to 
time.] 


OF    AMENDMENTS.  601 

back  the  resolutions  refez'red  to  them,  and  recommend  the  Assembly  to 
adopt  them  as  follows: 

Wherem,  Om-  Form  of  Government,  Chap,  xxii.  Sec.  ii,  makes  it 
proper  for  each  Presbytery  to  pay  the  exj^enses  of  their  own  comrais- 
sionei*s  in  their  attendance  upon  the  General  Assembly:  if  any  Presby- 
tery shall  choose  to  do  so,  the  Assembly  cannot  require  them  to  contribute 
to  the  General  Fund.     Nevertheless,  it  is  hereby 

Resolved,  1.  That  each  Presbytery  is  hereby  earnestly  requested  to 
contribute  annually  its  full  proportion  for  the  commissioners  and  Con- 
tingent Funds  of  the  General  Assembly. 

Resolved,  2.  That  any  law  or  resolution  or  action  of  previous  Assem- 
blies, contrary  to,  or  inconsistent  with  the  above  declaration  and  resolu- 
tions, be,  and  the  same  hereby  is  repealed. 

The  report  was  adopted. — 1878,  pp.  67,  68. 

4.    Stated  Clerk  authorized  to  pay  additional  bills. 

That  the  Stated  Clerk,  as  Treasurer  of  the  Assembly,  be  authorized  at 
his  discretion  to  pay  -commissioners  for  any  further  sums  that  may  be 
considered  justly  due  them,  by  reason  of  their  having  underestimated 
railroad  charges,  etc.— 1897,  p.  137;  also  1887,  p.  132. 

5.    Power  of  the  Assembly  over  these  funds. 

a.  Overture  from  the  Presbytery  of  Philadelphia  Central,  asking  the 
Assembly  that  the  "  Surplus  Mileage  Fund,  if  the  way  be  clear,  be 
devoted  to  the  payment  of  the  indebtedness  of  the  Boards  of  the 
Church." 

The  Committee  recommend  for  answer,  that  the  Assembly  has  no 
power  to  devote  the  funds  collected  for  the  expenses  of  the  Assembly  to 
other  purposes. — 1891,  p.  107. 

b.  Overtures,  from  the  Presbyteries  of  Carlisle,  Detroit  and  Santa 
Fc,  each  making  the  same  request,  namely,  that  the  surplus  now  in  the 
hands  of  the  Stated  Clerk  as  Treasurer  of  the  General  Assembly,  derived 
from  Presbyterial  apportionments,  be  at  once  appropriated  toward  paying 
the  debts  of  the  Boards  of  the  Church. 

Your  Committee  direct  attention  to  the  ruling  of  the  General  Assembly 
of  1891  (^Minutes,  p.  107)  that  the  Assembly  "  has  no  power  to  devote 
the  funds  collected  for  the  expenses  of  the  Assembly  to  any  other  pur- 
jiose,"  and  recommend  that  said  overtures  be  answered  in  the  negative. 
—1896,  p.  118. 


CHAPTER  XXIII. 
OF  AMENDMENTS. 


I.  Amendments  or  alterations  of  the  Form  of  Government,  Book  of 
Discipline  and  Directory  for  Worship  may  be  proposed  by  the  General 
Assembly  to  the  Presbyteries,  but  shall  not  be  obligatory  on  the  Church 
unless  a  majority  of  all  the  Presbyteries  approve  thereof  in  writing. 

II.  Amendments  or  alterations  of  the  Confession  of  Faith,  and  the 
Larger  and  Shorter  Catechisms,  may  be  proposed  to  the  Presbyteries  by 
the  General  Assembly,  but  shall  not  be  obligatory  on  the  Church  unless 


602  FORM    OF   GOVERNMENT,    CHAP.    XXIII. 

they  shall  be  approved  in  writing  by  two-thirds  of  all  the  Presbyteries, 
and  agreed  to  and  enacted  by  the  General  Assembly  next  ensuing,  and 
the  written  votes  of  the  Presbyteries  shall  be  returned  to  that  Assembly. 

III.  Before  any  amendments  or  alterations  of  the  Confession  of  Faith, 
or  the  Larger  and  Shorter  Catechisms,  proposed  by  the  General  Assembly, 
shall  be  transmitted  to  the  Presbyteries,  the  General  Assembly  shall 
appoint — to  consider  the  subject — a  committee  of  ministers  and  ruling 
elders,  in  number  not  less  than  fifteen,  of  whom  not  more  than  two 
shall  be  from  any  one  Synod,  and  the  committee  shall  report  its  recom- 
mendations to  the  General  Assembly  next  ensuing,  for  action. 

IV.  No  alterations  of  the  provisions  contained  in  this  chapter  for 
amending  or  altering  the  Confession  of  Faith,  and  the  Larger  and  Shorter 
Catechisms,  or  of  this  fourth  section,  shall  be  made,  unless  an  Overture 
from  the  General  Assembly,  submitting  the  proposed  alterations,  shall  be 
transmitted  to  all  the  Presbyteries,  and  be  approved  in  writing  by  two- 
thirds  of  their  number,  and  be  agreed  to  and  enacted  by  the  General 
Assembly. 

V.  It  shall  be  obligatory  on  the  General  Assembly  to  transmit  to  the 
Presbyteries,  for  approval  or  disapproval,  any  Overture  respecting 
amendments  or  alterations  provided  for  in  this  chapter,  which  shall  be 
submitted  to  the  same  General  Assembly  by  one -third  of  all  the  Presby- 
teries. In  such  cases  the  Overture  shall  be  formulated  and  transmitted 
by  the  General  Assembly  receiving  the  same  to  the  Presbyteries  for  their 
action,  subject,  as  to  all  subsequent  proceedings,  to  the  provisions  of  the 
foregoing  sections. 

VI.  Whenever  it  shall  appear  to  the  General  Assembly  that  any  pro- 
posed amendments  or  alterations  of  the  Form  of  Government,  Book  of 
Discipline  and  Directory  for  Worship,  shall  have  received  a  majority 
vote  of  all  the  Presbyteries,  the  General  Assembly  shall  declare  such 
amendments  or  alterations  to  have  been  adopted,  and  the  same  shall 
immediately  go  into  effect. 

VII.  Nothing  in  this  chapter  shall  be  so  construed  as  to  affect  the 
right  of  two-thirds  of  the  Presbyteries  to  propose  amendments  or  altera- 
tions of  the  Confession  of  Faith,  and  the  Larger  and  Shorter  Catechisms, 
or  of  the  General  Assembly  to  agree  to  and  enact  the  same. 

[Note.— Adopted,  1891.] 

1.  Duty  of  the  Stated  Clerk  in  reference  to  answers  to  overtures. 
Committee  of  Canvass  and  action  of  the  Assembly. 

Resolved,  That  it  shall  be  the  duty  of  the  Stated  Clerk  to  present  to 
the  General  Assembly  next  ensuing  any  Assembly  which  has  sent  down 
an  overture,  the  written  answers  to  said  overture  which  may  have  been 
received  by  him  from  the  Presbyteries.  And  thereupon,  such  statement 
from  the  Clerk,  together  with  the  written  answers  to  said  overture,  shall 
be  referred  by  the  Assembly  to  a  Committee  of  Canvass,  to  be  composed 
of  three  ministers  and  two  elders,  commissioners  to  said  Assembly. 


OF    AMENDMENTS.  603 

And,  upon  the  report  of  such  Committee,  that  after  canvassing  the 
written  answers  of  the  Presbyteries  to  any  overture  or  overtures,  amend- 
ing or  altering  the  Form  of  Government,  the  Book  of  Discipline,  or  the 
Directory  for  Worship,  it  appears  that  it  has  been  approved  in  writing 
by  a  majority  of  the  Presbyteries,  the  General  Assembly  shall  by  resolu- 
tion declare  such  amendment  or  alteration  to  have  been  adopted,  as  a 
part  of  the  Form  of  Government,  Book  of  Discipline  or  Directory  for 
Worship  (as  the  case  may  be)  of  the  Presbyterian  Church  in  the  United 
States  of  America. 

And  further,  upon  the  report  of  such  Committee,  that  after  canvassing 
the  written  answers  of  the  Presbyteries  to  any  overture  proposing  to 
amend  or  alter  the  Confession  of  Faith  or  the  Larger  or  Shorter  Cate- 
chism, it  appears  that  it  has  been  approved  in  writing  by  two-thirds  of 
the  Presbyteries,  the  General  Assembly  shall  proceed  to  take  such  action 
concerning  said  proposed  amendment  or  alteration  as  may  seem  expedient 
— under  Sec.  iv  of  said  Chap,  xxiii  of  the  Form  of  Government,  con- 
cerning Amendments — which  requires  said  amendment  or  alteration  to 
be  agreed  to  and  enacted  by  the  General  Assembly,  before  it  becomes  a 
part  of  the  Confession  of  Faith,  or  the  Larger  or  Shorter  Catechism  of 
the  Presbyterian  Church  in  the  United  States  of  America. — 1891, 
p.  142. 


604  BOOK   OF   DISCIPLINE,    CHAP.    I. 

PART  IV. 

THE  BOOK  OF  DISCIPLINE. 

Adopted  1884.     Amended  1885—1894. 

LNoTE. — The  present  Book  of  Discipline  was  prepared  by  a  Committee  consisting  of: 
Jf misters— Elijah  R.  Craven,  D.I).,  Edwin  P.  Hatfield,  D.D.,  Alexander  T.  McGill, 
D.D.,  LL.D.,  William  E.  Mooro,  D.D.,  Nathaniel  West,  D.D.,  Robert  W.  Patterson, 
D.D.,  Francis  L.  Patton,  D.D.,  LL.D.;  Elders— Hon.  William  Strong,  LL.D.,  Hon. 
Joseph  Allison,  LL.D.,  Hon.  Samuel  M.  Breckinridge,  LL.D.,  Hon.  Samuel  M. 
Moore,  LL.D.,  and  Hon.  John  T.  Nixon,  LL.D.  The  revised  book  was  submitted  to 
the  Assembly  of  1883,  sent  down  in  that  year  to  the  Presbyteries,  whose  vote  was  131 
in  the  affirmative  and  36  in  the  negative,  and  was  declared  adopted  by  the  Assembly 
of  1884.    See  for  the  history  of  the  undertaking,  Moore's  Digest,  188rt,  pp.  575-582. 

See,  for  Amendments  to  the  Book  of  Discipline,  p.  13  of  this  Digest.'] 

CHAPTER  I. 
OF  DISCIPLINE:  ITS  NATURE,  ENDS,  AND  SUBJECTS. 

1.  Discipline  is  the  exercise  of  that  authority,  and  the  application  of 
that  system  of  laws,  which  the  Lord  Jesus  Christ  has  appointed  in  his 
Church :  embracing  the  care  and  control,  maintained  by  the  Church, 
over  its  members,  officers,  and  judicatories. 

II.  The  ends  of  Discipline  are  the  maintenance  of  the  truth,  the  vin- 
dication of  the  authority  and  honor  of  Christ,  the  removal  of  offences, 
the  promotion  of  the  purity  and  edification  of  the  Church,  and  the  spir- 
itual good  of  offenders.  Its  exercise,  in  such  a  manner  as  to  secure  its 
appropriate  ends,  requires  much  prudence  and  discretion.  Judicatories, 
therefore,  should  take  into  consideration  all  the  circumstances  which 
may  give  a  different  character  to  conduct,  and  render  it  more  or  less 
offensive ;  and  which  may  require  different  action,  in  similar  cases,  at 
different  times,  for  the  attainment  of  the  same  ends. 

1.    Prompt  discipline  best  fitted  to  secure  a  happy  issue. 

It  is  further  the  opinion  of  the  Assembly  that  had  the  improper  con- 
duct of  the  appellant  been  made  a  subject  of  discipline  at  an  earlier 
period,  a  more  happy  issue  might  have  been  reached.  The  Assembly 
formally  and  affectionately  urges  on  the  appellant  a  submission  to  the 
sentence  of  his  brethren  and  a  speedy  return  to  the  path  of  duty  and 
privilege.— 1859,  p.  547,  O.  S. 

2.  The  censure  must  be  proportionate  to  the  oflfence.    Sentence 

reversed  where  the  censure  was  too  severe. 

a.  The  Assembly  proceeded  to  consider  the  appeal  of  Mr.  Jabez  Spicer 
from  the  decision  of  the  Synod  of  Geneva,  by  which  Mr.  Spicer  had 
been  deposed  from  the  Gospel  ministry.  Tlie  documents  on  the  subject 
were  read,  and  the  parties  were  heard.     It  was 

Resolved,  That  the  appeal  of  Mr.  Spicer  be  sustained,  on  the  ground 


ITS   NATURE,    JCNDS,    AND   SUBJECTS.  605 

that  the  sentence  pronounced  upon  him  was  disproportioned  to  his  crime, 
it  not  appearing  substantiated  that  he  was  guilty  of  more  than  a  single 
act  of  prevarication ;  while,  therefore,  the  Assembly  express  their  entire 
disapprobation  of  the  conduct  of  Mr.  Spicer,  as  unbecoming  a  Christian 
and  Christian  minister,  they  reverse  the  sentence  of  deposition  passed 
upon  him  by  the  Presbytery,  and  direct  that  after  suitable  admonitions 
and  acknowledgments  he  be  restored  to  the  ministerial  office. — 1821, 
p.  24. 

b.  The  discussion  of  the  motion  to  reverse  a  decision  of  the  Presby- 
tery of  Lexington,  l)y  which  decision  Mr.  George  Bourne  was  deposed 
from  the  Gospel  ministiy,  was  resumed.  This  motion  was  determined  in 
the  affirmative,  and  is  as  follows,  viz. : 

The  Assembly  judge  that  the  charges  in  the  case  of  Mr.  Bourne  were 
not  fully  substantiated,  and  that,  if  they  had  been,  the  sentence  was 
too  severe.     Therefore, 

Resolved,  That  the  sentence  of  the  Presbytery  of  Lexington,  deposing 
Mr.  Bourne,  be  reversed,  and  it  is  hereby  reversed,  and  that  the  Pres- 
bytery commence  the  trial  anew. — 1817,  p.  646. 

C.  The  Assembly  sustain  the  appeal  of  David  Price  from  the  decision 
of  the  Synod  of  Geneva,  on  the  ground  that  the  charge  of  intoxication 
was  not  sufficiently  supported  l)y  the  testimony ;  although  it  does  appear, 
principally  from  his  own  confession,  that  he  had  made  an  unbecoming 
use  of  ardent  spirits,  and  that  an  admonition  was,  in  the  view  of  the 
Assembly,  deserved,  and  would  have  been  sufficient. — 1825,  p.  155. 

d.  There  seems  to  have  been,  in  the  proceedings  of  the  Session,  too 
much  precipitation  and  absoluteness,  and  too  little  of  that  calm  and  prac- 
tical vindication  of  their  own  dignity,  which  mildness  and  forbearance, 
in  the  spirit  of  our  Master,  are  largely  necessary  to  inspire;  and  this  es- 
pecially in  reference  to  the  sentence  they  pronounced. 

The  Assembly  therefore  decide  in  the  premises,  that  the  sentence  of  the 
Session,  suspending  the  appellant  be,  and  it  hereby  is  reversed,  as  also 
the  decision  of  the  Presbytery  confirming  that  of  the  Session. — 1839, 
reprint,  p.  64,  N.  S. 

e.  Resolved,  That  the  decision  of  the  Synod  of  Cincinnati,  reversing 
the  action  of  the  Presbytery  and  Session,  upon  the  second  charge,  be 
sustained  in  part,  on  the  ground  that  the  suspension  of  the  parties  accused 
was  too  severe  in  the  case,  and  that  the  Session  be  recommended  to 
revoke  the  suspension  and  admonish  the  parties. — 1865,  p.  550,  O.  S. 

[Note. — See  for  Complaint  of  Session  of  the  Seventh  Presbyterian  Church,  Cincin- 
nati, Minutes,  1865,  p,  538,  0.  S.] 

3.  The  decisions  of  the  civil  courts  not  conclusive  in  the  judicato- 
tories  of  the  Church.  Every  member  of  the  Presbyterian  Church 
entitled  to  a  fair  trial  according  to  the  methods  of  his  church, 
before  condemnation. 

Overture  from  the  Presbytery  of  Washington  City,  asking  the  Assem- 
bly to  enact  that : 

Any  minister  or  member  of  the  Church,  convicted  in  the  civil  courts 
of  an  offence,  recognized  as  such  by  the  Standards  of  our  Church,  may, 
without  further  process,  be  suspended  from  all  the  privileges  and  offices 
of  the  Church  until  the  judicatories  of  the  Church  having  jurisdiction  in 
the  case  shall,  after  due  investigation,  be  satisfied  of  his  innocence  or 
repentance. 


606  BOOK    OF    DISCIPLINE,    SECT.     1-3. 

The  Committee  recommend  that,  while  admitting  that  some  possible 
cases  may  occur,  in  which  nothing  else  can  be  done,  but  that  which  is 
here  asked,  the  overture  be  answered  in  the  negative,  because: 

1.  The  subject-matter  of  the  overture  involves  a  constitutional 
change,  which  must  needs  be  overtured  to  the  Presbyteries,  which  it  is 
not  now  desirable  to  do. 

2.  The  processes  of  civil  courts  diflfer  so  much  from  those  of  our 
Church  judicatories,  and  their  decisions  are  not  so  infallible,  that  our 
Church  judicatories  can  adopt  them  without  investigation. 

3.  It  is  the  sacred  right  of  every  member  of  the  Presbyterian  Church, 
to  have  a  full  and  fair  trial,  according  to  the  laws  and  methods  of  his 
church,  before  condemnation.     Adopted. — 1885,  pp.  602,  603. 

4.    Great  tenderness  enjoined. 

Whereas,  It  has  appeared  on  the  trial  of  Judicial  Cases  1  and  2  that 
full  testimony  was  given,  as  well  in  this  court  as  in  the  trial  in  the 
courts  below,  to  the  exemplary  Christian  character  of  the  appellants  in 
these  cases  respectively;  and, 

Whereas,  The  offence  which  has  subjected  said  appellants  to  the  disci- 
pline of  the  Church  has  arisen  from  a  conscience  misled  by  erroneous 
views  of  their  duty;  therefore. 

Resolved,  That  it  be  recommended  to  .the  Session  of  the  church  of 
Caledonia  to  deal  with  these  brethren  with  the  utmost  tenderness  and 
Christian  affection,  that  they  may  be  led  to  see  their  errors  and  return 
to  their  duty,  and  that  they  may  be  restored  to  the  fellowship  of  the 
Church,  from  which  they  have  been  too  long  separated. — 1859,  p.  548, 
O.  S. 

III.  An  offence  is  anything,  in  the  doctrine,  principles,  or  practice  of 
a  church  member,  officer,  or  judicatory,  which  is  contrary  to  the  Word 
of  God;  or  which,  if  it  be  not  in  its  own  nature  sinful,  may  tempt  others 
to  sin,  or  mar  their  spiritual  edification. 

[Note. — See  Larger  Catechism,  Questions  104-151,  and  this  Digest,  pp.  632-634:.  For 
decisions  and  deliverances  on  doctrine,  see  Confession  of  Faith,  Chaps,  i,  ii,  iii,  iv,  vi,  x, 
p.  45,  seq.  and  Book  of  Discipline,  Chap,  i,  Sec.  iv,  p.  631.] 

I.    DOCTRINE. 
[Note. — See  this  Digest,  p.  115.] 

II.    MORALS. 

1.    Breach  of  Sabbath  observance. 

While,  therefore,  we  earnestly  entreat  our  fellow-citizens  of  every  class 
to  ' '  remember  the  Sabbath  day  to  keep  it  holy, ' '  the  Assembly  do  here- 
by in  a  special  manner  enjoin  it  upon  the  church  Sessions  to  watch  over 
their  brethren  with  tenderness  and  great  fidelity  in  respect  to  the  observ- 
ance of  the  Sabbath,  and  to  exercise  wholesome  discipline  on  those  who 
by  traveling  or  other  ways  presume  to  trample  upon  this  sacred  institu- 
tion; and  we  further  enjoin  it  upon  the  Presbyteries  annually  to  institute 
inquiries  of  the  eldership  as  to  the  manner  in  which  this  injunction  has 
been  attended  to  in  their  respective  churches. — 1853,  p.  323,  N.  S. 

[Note. — See  deliverances  upon  the  Sabbath  at  large,  under  Directory  for  Worship, 
Chap,  i,  p.  808.    Also,  under  Confession  of  Faith,  Chap,  xxi,  p.  89.] 


NATURE,    ENDS,    AND   SUBJECTS.  607 

2.    Theatrical  exhibitions,  and  dancing  condemned. 

a.  On  the  fashionable,  though,  as  we  believe,  dangerous,  amusements 
of  theatrical  exhibitions  and  dancing  we  deem  it  necessary  to  make  a 
few  observations.  The  theatre  we  have  always  considered  as  a  school 
of  immorality.  If  any  person  wishes  for  honest  conviction  on  this  sub- 
ject, let  him  attend  to  the  character  of  that  mass  of  matter  which  is 
generally  exhibited  on  the  stage.  We  believe  all  will  agree  that  come- 
dies at  least,  with  a  few  exceptions,  ai'e  of  such  a  description  that  a  virtu- 
ous and  modest  person  cannot  attend  the  representation  of  them  without 
the  most  painful  and  embarrassing  sensations.  If,  indeed,  custom  has 
familiarized  the  scene,  and  these  painful  sensations  are  no  longer  felt,  it 
only  proves  that  the  person  in  question  has  lost  some  of  the  best  sensibili- 
ties of  our  nature,  that  the  strongest  safeguard  of  virtue  has  been  taken 
down,  and  that  the  moral  character  has  undergone  a  serious  depreciation. 
—1818,  p.  690. 

b.  AVith  respect  to  dancing,  we  think  it  necessary  to  observe  that, 
however  jjlausible  it  may  appear  to  some,  it  is  perhaps  not  the  less  dan- 
gerous on  account  of  that  plausibility.  It  is  not  from  those  things  which 
the  world  acknowledges  to  be  most  wrong  that  the  greatest  danger  is  to 
be  apprehended  to  religion,  especially  as  it  relates  to  the  young.  When 
the  practice  is  carried  to  its  highest  extremes,  all  admit  the  consequences 
to  be  fatal;  and  why  not,  then,  apprehend  danger  even  from  its  incipient 
stages  ?  It  is  certainly  in  all  its  stages  a  fascinating  and  an  infatuating 
practice.  Let  it  once  be  introduced,  and  it  is  difficult  to  give  it  limits. 
It  steals  away  our  precious  time,  dissipates  religious  impressions  and 
hardens  the  heart.  To  guard  you,  beloved  brethren,  against  its  wiles 
and  its  fascinations,  we  earnestly  recommend  that  you  will  consult  that 
sobriety  which  the  sacred  pages  require.  We  also  trust  that  you  will 
attend  with  the  meekness  and  docility  becoming  the  Christian  character, 
to  the  admonitions  on  this  subject  of  those  whom  you  have  chosen  to 
watch  for  your  souls.  And  now,  beloved  brethren,  that  you  may  be 
guarded  from  the  dangers  we  have  pointed  out,  and  from  all  other 
dangers  which  beset  the  path  of  life  and  obstruct  our  common  salvation, 
and  that  the  great  Head  of  the  Church  may  have  you  in  his  holy  keep- 
ing, is  our  sincere  and  affectionate  prayer.     Amen. — 1818,  p.  690. 

C.     Promiscuous  dancing  calls  for  faithful  and  judicious  discipline. 

Resolved,  That  the  fashionable  amusement  of  promiscuous  dancing  is 
so  entirely  unscriptural  and  eminently  and  exclusively  that  of  "  the 
world  wliich  lieth  in  wickedness, ' '  and  so  wholly  inconsistent  with  the 
spirit  of  Christ,  and  with  that  propriety  of  Christian  deportment  and 
that  purity  of  heart  which  his  followers  are  bound  to  maintain,  as  to 
render  it  not  only  improper  and  injurious  for  professing  Christians  either 
to  partake  in  it,  or  to  qualify  their  children  for  it  by  teaching  them  the 
art ;  but  also  to  call  for  the  faithful  and  judicious  exercise  of  discipline 
on  the  part  of  church  Sessions  when  any  of  the  members  of  their 
churches  have  been  guilty. — 1843,  p.  14,  N.  S. ;  reaffirmed,  1853,  p. 
340,  N.  S. ;  also  1867,  p.  513,  N.  S. ;  1876,  p.  27. 


608  BOOK    OF    DISCIPLINE,   SECT.    3. 

d.     Social  dances  and  private  theatricals. 
An  overture  from  the  Presbytery  of  Cincinnati,  proposing  the  follow- 
ing questions,  viz. : 

1.  Are  social  dances  and  private  theatricals  included  under  tlie  head 
of  "  dancing  and  stage  plays,"  mentioned  in  the  Larger  Catechism, 
amongst  "  the  sins  forbidden  in  the  seventh  commandment  ?" 

2.  Is  it  the  duty  of  the  church  Sessions  to  exercise  discipline  upon 
those  members  of  the  Church  who  send  their  children  to  dancing  schools, 
or  who  give  and  attend  dancing  parties  ?  and  if  so,  ought  such  discipline 
to  be  carried  to  the  extent  of  exclusion  from  the  sacraments,  where  other 
means  fail  of  producing  reformation  ? 

The  Committee  recommended  the  following  reply,  which  was  adopted: 

To  the  first  question: 

That  whilst  the  pleasures  of  the  ballroom  and  the  theatre  are  primarily 
intended  by  the  ' '  dancing  and  stage  plays  ' '  forbidden  in  the  answer  to 
the  139th  question  in  the  Larger  Catechism,  the  spirit  of  the  prohibition 
extends  to  all  kindred  amusements  which  are  calculated  to  awaken 
thoughts  and  feelings  inconsistent  with  the  seventh  commandment,  as 
explained  by  the  Saviour  in  Matt.  v.  27,  28. — 1860,  p.  21,  O.  S.  ;  con- 
firmed, 1891,  p.  155. 

[Note. — The  Catechism  reads,  "lascivious  songs,  books,  pictures,  dancitigs.stage- 
plays."     See  p.  634.] 

e.     Promiscuous  social  dancing,   and   dancing  schools. 
To  the  second  question : 

1.  That  whilst  we  regard  the  practice  of  promiscuous  social  dancing 
by  members  of  the  Church  as  a  mournful  inconsistency,  and  the  giving  of 
parties  for  such  dancing  on  the  part  of  the  heads  of  Christian  families 
as  tending  to  compromise  their  religious  profession,  and  the  sending  of 
children  by  Christian  parents  to  the  dancing  school  as  a  sad  error  in 
family  discipline ;  yet  we  think  that  the  Session  of  each  church  is  fully 
competent  to  decide  when  discipline  is  necessary,  and  the  extent  to  which 
it  should  be  administered.— 1860,  p.  21,  O.  S. ;  1891,  p.  155. 

2.  Overture  on  a  Presbytery's  approving  the  minutes  of  a  Session  pro- 
hibiting dancing,  from  the  Presbytery  of  Portsmouth.  The  Committee 
recommend  the  following  answer;  The  Presbytery  of  Portsmouth  is 
referred  to  the  action  of  the  General  Assembly  (Moore's  Digest,  1886, 
p.  587)  on  the  subject  of  dancing,  which  action,  while  disapproving  of 
the  practice  of  promiscuous  dancing,  yet  leaves  the  whole  subject  of 
dancing  to  the  Sessions  of  our  churches.  While  the  power  of  disciplin- 
ing for  dancing  is  thus  clearly  in  the  hands  of  the  Session,  yet  it  was  not 
the  intention  of  the  Assembly  to  authorize  the  Sessions  of  our  churches 
to  enact  laws,  which  may  be  construed  as  creating  new  and  unscriptural 
conditions  of  church  membership,  and  we  would  recommend  the  Pi'esby- 
tery  so  to  advise  the  Session  of  the  church  referred  to  in  the  overture.  — 
1895,  p.  106.      (See  1  above.) 

f.  Deliverances  c,  d,  and  e  confirmed. 
Overtures  from  the  Presb}'teries  of  Clarion,  Dayton,  Erie,  Redstone 
and  Chenango,  asking  for  some  further  deliverance  on  the  subject  of 
promiscuous  dancing,  in  order  that  a  felt  and  growing  evil  may  be  checked 
among  the  membership  of  our  churches.  In  reply  to  Overtures  5  to  9 
inclusive,  on  the  subject  of  promiscuous  dancing,  the  Committee  recom- 
mend tlie  following : 


NATURE,    ENDS,    AND   SUBJECTS.  609 

The  overtures  of  previous  Assemblies  of  both  branches  of  the  Church, 
on  the  subject  of  promiscuous  dancing,  are  agreed  in  deploring  the  prac- 
tice as  a  mournful  inconsistency,  and  as  regarding  the  giving  of  parties 
for  such  dancing  by  the  heads  of  Christian  families,  as  involving  a  com- 
promise of  their  religious  profession.  These  deliverances  are  also 
agreed,  in  declaring  that  the  Session  of  each  church  is  fully  competent  to 
decide  upon  what  discipline  is  necessary,  and  to  what  extent  it  should  be 
administered. 

This  General  Assembly,  therefore,  reaffirms  these  deliverances  of  the 
Assemblies  of  both  branches  of  the  Church  (see,  especially,  N.  S.,  1843, 
p.  14,  and  O.  S.,  I860,  p.  21,  as  recorded  in  Digest,  1873,  pp.  476, 
477)  ;  and,  further,  counsels  church  Sessions  to  arrest  this  evil,  so  far  as 
practicable,  by  wisely  guiding  the  enthusiasm  and  activity  of  the  younger 
members  of  their  churches,  by  both  precept  and  example,  into  the  many 
forms  of  useful  service  now  providentially  presented  to  all  who  delight  to 
serve  and  honor  Christ. ^-1876,  p.  27. 

g.      Theatres,  and  card-playing. 

In  regard  to  so  much  of  the  above  overture  as  refers  to  "  theatres  and 
theatre-going,"  this  Assembly  reaffirms  the  action  of  the  General  Assem- 
bly of  1818  (see  Minutes,  p.  690,  and  new  Digest,  Moore,  1861,  pp.  262, 
263).  In  this  action  the  Assembly  declared  the  theatre  to  be  "  a  school 
of  immorality."  This  Assembly,  seeing  no  occasion  to  modify  the 
utterance  then  given,  earnestly  exhorts  all  the  members  of  the  Church 
in  their  practice  to  avoid,  and  by  their  influence  to  discountenance,  all 
such  ' '  dangerous  ' '  amusements,  as  being  inconsistent  with  the  spirit  of 
the  Gospel,  and  detrimental  to  the  best  interests  of  piety  in  the  heart.. 

In  respect  to  "  the  custom  of  fashionable  card-playing,"  referred  to 
by  the  memorialists,  and  represented  as  being  "  countenanced  in  many 
of  our  Christian  households,"  and  also  "  participated  in  by  members  of 
our  churches,"  this  Assembly  would  affectionately  exhort  all  the  members 
of  the  Presbyterian  Church  to  practice  the  most  careful  watchfulness  in 
avoiding  all  recreations  and  amusements,  whether  in  the  form  specified  in 
the  memorial  or  otherwise,  which  are  calculated  to  impair  spirituality, 
lessen  Christian  influence  or  bring  discredit  upon  their  profession  as 
members  of  the  Church  of  Christ. — 1865,  p.  45,  N.  S. 

3.    Popular  amusements  in  general. 

A  paper  reported  by  the  Committee  on  Bills  and  Overtures  on  the 
subject  of  the  opera,  the  theatre,  the  dance  and  card-playing,  was 
referred  to  a  Committee,  consisting  of  the  Rev.  Herrick  Johnson,  D.D., 
Rev.  William  E.  Moore  and  Mr.  Alexander  Whilldin,  to  report  at  the 
adjourned  meeting. 

The  Special  Committee  to  whom  was  referred  a  paper  on  the  subject  of 
amusements  presented  their  report,  which  was  adopted,  and  is  as  follows: 

The  question  of  popular  amusements  is  one  that  cannot  be  settled  by 
statute.  It  has  to  do  with  the  spirit  and  the  life  of  Christianity  rather 
than  with  the  letter  of  its  law.  Hence  the  impossibility  of  specific  enact- 
ment. But  the  very  fact  of  its  near  and  vital  connection  with  spiritual 
life  justifies  and  demands  for  it  a  thoughtful  consideration. 

What  Scriptural  guidance  have  we  in  the  matter  ?  What  posture 
ought  the  Church  to  assume  toward  so-called  popular  amusements  ?  A 
sweeping  condemnation  of  them  would  be  a  sweeping  folly.  To  say  of 
39 


610  BOOK    OF    DISCIPLINE,    SECT.    8. 

them  all  that  they  are  inherently  and  positively  sinful  is  simply  to  say 
what  is  not  true.  And  to  protest  against  suitable  recreation  would  be  to 
protest  against  a  mental  and  moral  necessity.  A  long-visaged  and 
sombre-hued  piety  is  not  after  the  order  of  the  Gospel.  That  makes 
recognition  of  the  laugh,  the  joy  of  life;  has  no  frown  for  the  play -side 
of  our  nature,  bids  us  serve  the  Lord  with  gladness.  Nowhere  so  much 
as  in  the  heart  of  God's  people  should  joy  have  her  home  and  go  rippling 
out  in  the  channels  of  deed  and  speech. 

But  what  is  suitable  Christian  recreation  ?  We  ax'e  without  a  specific 
* '  Thus  saith  the  Lord  ' '  for  each  specific  form  of  pleasure.  But  this  is 
by  no  means  to  acknowledge  that  we  are  without  Scriptural  guidance. 
The  spirit  is  broader  and  deeper  than  the  letter.  There  are  general  prin- 
ciples whose  profound  and  subtle  reach  makes  it  impossible  that  they 
should  be  framed  by  a  law.  Those  that  bear  on  this  question  of  popular 
amusements  are  three : 

I.  The  first  general  principle  has  respect  to  the  relation  which  Chris- 
tians sustain  to  each  other.  It  is  discussed  in  Rom.  xiv  and  in  1  Cor. 
viii.  Christian  liberty  in  things  indifferent  is  there  distinctly  recognized, 
but  it  is  bounded  and  limited  by  a  higher  law.  We  must  not  abuse  our 
liberty  to  the  offence  of  our  brethren.  We  must  bridle  our  knowledge 
with  charity.  We  are  bidden  to  beware  how  we  tamper  with  the  sancti- 
ties of  a  brother's  conscience,  and  to  beware  how  we  trifle  with  the 
necessities  of  a  brother's  weakness.  The  law  of  conscience  and  the  law 
of  love  are  far  more  sacred  and  more  pi^ecious  and  more  to  be  regarded 
than  the  law  of  liberty.  To  the  child  of  God  they  ought  to  be  always 
paramount.  To  assert  independence  at  the  expense  of  wounding  a 
brother' s  conscience  is  "to  sin  against  Christ. "  "  It  is  good  neither  to 
eat  flesh,  nor  to  di'iuk  wine,  nor  anything  whereby  thy  bi'other  stum- 
bleth. "  Of  course,  a  merely  personal,  puerile,  wretched  scrupulosity  is 
not  to  be  foisted  upon  the  Church  for  its  government.  But  amusements 
whose  tendencies  are  inherently  and  almost  inevitably  to  excess,  where 
the  weak  and  the  unstable  may  stumble  and  perish,  and  against  which 
there  is  a  general  Christian  conscience,  are  decisively  condemned  by  this 
plain  Word  of  God, 

II.  The  second  general  principle  has  respect  to  the  relation  which 
Christians  sustain  to  the  world.  It  is  negative  and  summed  up  in  this: 
"  Be  not  conformed  to  this  world."  It  is  a  relation  of  non-conformity. 
Christians  are  to  be  unlike  the  world,  and  distinguishable  from  it.  This 
idea  of  separateness  runs  through  all  the  warp  and  woof  of  Scripture. 
And  it  clearly  does  not  imply  a  separation  from  the  grossly  evil  of  the 
world.  This  is  specifically  and  positively  commanded.  Christians  are 
pledged  and  sworn  to  obedience  by  their  very  profession.  The  separation 
involved  in  non-conformity  is  from  worldliness — from  the  wordly  spirit. 
It  is  a  demand  that  the  whole  tone  and  bent  and  current  and  spirit  of 
the  Christian  life  shall  be  different  from  that  of  the  worldly  life — so 
different  that  it  shall  be  manifest  to  the  world  that  the  people  of  God  are 
pilgrims  and  strangers  on  the  earth ;  that  they  are  walking  with  God ; 
that  they  are  a  peculiar  people,  called  out  of  the  world  while  still  remain- 
ing in  it;  God's  witnesses;  living  epistles;  the  salt  of  the  earth;  distinc- 
tive, chosen,  set  apart,  recognizable  everywhere  as  having  been  with 
Jesus,  and  as  holy  in  all  manner  of  conversation.  Let  Christians  apply 
to  their  lives  this  one  central,  prominent.  Gospel  idea  of  non-conformity, 
let  them  press  it  on  all  their  conduct  until  they  give  unmistakable  exhi- 


NATURE,    ENDS,    AND   SUBJECTS.  611 

bitiou  of  the  spirit  of  these  unmistakable  words  of  Christ  and  the  apos- 
tles, and  it  will  go  very  far  to  settle  this  whole  question  of  rational  or 
irrational  amusements. 

III.  The  third  general  principle  has  respect  to  the  relation  which 
Christians  sustain  to  Christ.  It  is  positive,  and  summed  up  in  this: 
*'  Whatsoever  ye  do,  in  word  or  deed,  do  all  in  the  name  of  the  Lord 
Jesus."  Broad,  comprehensive,  universal  in  its  applicability,  yet  most 
specific,  after  all,  in  its  fundamental  conditions — "  Whatsoever  ye  do." 
In  another  place,  applied  to  the  eveiy-day  necessity  and  act  of  our  life — 
eating  and  drinking;  applicable,  therefore,  to  our  recreations.  It  is 
Scriptural  condemnation  of  every  form  of  social  diversion  in  which  a 
Christian  cannot  indulge  "  in  the  name  of  the  Lord  Jesus."  It  is 
divine  indorsement  of  whatever  is  done  by  a  child  of  God,  into  which 
he  may  go,  and  out  of  which  he  may  come,  and  through  the  progress  of 
which  he  may  continue,  without  there  being  one  moment  when  it  would 
be  in  any  way  inconsistent  for  him  to  ask  his  Lord's  approval  of  him 
there,  and  of  what  he  is  doing,  and  witnessing  and  countenancing  and 
supporting. 

Let  this  principle  be  honestly  and  conscientiously  applied.  It  will 
settle  many  a  doubt.  It  will  condemn  many  a  popular  amusement.  It 
bars  out  every  indulgence  that  cannot  be  had  in  consistent  and  loving 
remembrance  of  our  Lord.  Amusements  that  undermine  the  health  and 
waste  vitality ;  amusements  by  which  the  weak  and  lame  are  so  often 
turned  out  of  the  way  only  to  stumble  and  perish;  amusements  that 
make  it  appear  as  if  God's  children  were  as  eager  after  and  intent  upon 
the  gayeties  and  festivities  of  the  world  as  the  children  of  the  world 
themselves ;  amusements  making  it  essential  for  Christians  to  take  posi- 
tions that  ought  to  bring,  if  they  do  not  bring,  the  blood  to  their  faces ; 
amusements  that  compel  Christians  to  witness  scenes,  and  to  hear  quips 
and  jests,  soiling  their  spirits  with  suggested  uncleanuess — these  all,  and 
all  like  these,  are  branded  with  condemnation  by  this  divine  precept.  No 
true  disciple  of  Christ  can  give  himself  to  such  amusements  "in  the 
name  of  the  Lord  Jesus." 

We  close  as  we  began.  This  whole  question  must  be  taken  out  of  the 
domain  of  abstract  casuistry.  It  is  not  so  much  a  question  of  absolute 
right  and  wrong  as  of  conscience  and  charity.  The  spirit  of  our  life  is 
far  more  important  than  the  letter  of  our  law.  The  rule  of  love  is 
higher  than  the  law  of  liberty.  Christianity  antagonizes  worldliness,  it 
does  not  conform  to  it.  The  Church  should  deal  with  it  not  so  much  by 
the  axe  of  discipline  as  by  the  sword  of  the  Spirit.  Yet,  without  a 
doubt,  the  very  law  of  love  may  sometimes  require  a  kind,  considerate, 
thoughtful  exercise  of  the  disciplinary  powei*  of  the  Church.  But  our 
chief  appeal  must  be  to  the  conscience.  Our  main  reliance  must  be  on 
the  spirit  and  the  life  demanded  by  a  whole-hearted  surrender  and  com- 
mitment to  the  Lord  Jesus.  Those  who  are  constrained  by  the  love  of 
Christ  can  scarcely  allow  themselves  indulgence  in  any  business  or  recrea- 
tion, any  work  or  play,  into  which  and  through  which  and  out  of  which 
they  cannot  consistently  go,  with  ever-present  and  affectionate  remem- 
brance of  Him  "  who  gave  himself  for  us,  that  he  might  redeem  us  from 
all  iniquity,  and  purify  unto  himself  a  peculiar  people,  zealous  of  good 
works."— 1869,  pp.  487-489,  N.  S.;  confirmed,  1891,  p.  155. 


612  BOOK    OF    DISCIPLINE,    SECT.    3. 

4.    Card-playing  and  games  of  chance.    The  dance  and  the  theatre. 
Progressive  euchre. 

a.  The  Special  Committee  on  Certain  Forms  of  Worldly  Amusements, 
presented  its  report,  which  had  been  recommitted  to  it. 

The  report  was  received,  amended,  adopted,  and  is  as  follows: 

The  Committee  appear  before  you  under  tlie  following  action  reported 
from  the  Committee  on  Bills  and  Overtures,  and  adopted  by  the 
Assembly : 

"  To  report  a  paper  for  adoption  by  this  Assembly,  which  shall 
reaffirm  the  deliverances  of  former  Assemblies,  adding  what  is  needed 
for  our  times,  and  call  upon  the  Church,  by  means  of  thoughtful  and 
godly  living  in  its  members,  and  through  its  pulpits  and  church  Sessions, 
to  do  all  that  can  be  Scripturally  done  to  free  the  Church  from  the  eWls 
flowing  from  these  practices." 

If  this  world  is  to  be  conquered  for  Christ,  His  servants  must  perceive 
and  dislodge  the  enemy  Avherever  fouad.  They  should  not  see  evil  where 
there  is  no  evil,  nor  should  they  call  that  good  which  is  really  evil, 
judged  in  itself,  or  by  its  fruits.  Fortunately  for  the  Church,  the  Mas- 
ter has  said,  "  By  their  fruits  ye  shall  know  them."  We  do  not  there- 
fore concern  ourselves,  for  example,  with  dancing  or  theatre-going  in 
themselves  considered;  or  with  the  impersonation  of  character,  or  the 
mimic  representation  of  any  proper  subject  without  e\al  accessories,  but 
we  are  concerned  with  the  dance,  or  the  theatre,  or  card-playing  as  insti- 
tutions, world-wide,  very  ancient,  and,  with  human  nature  what  it  is,  too 
often  injuriously  fascinating.  It  is  with  their  actual  obstruction  to  the 
Gospel,  as  intelligently  perceived,  that  we  have  to  deal. 

In  reference  to  card-playiug  and  all  games  of  chance,  the  Committee 
respectfully  raise  the  question,  or  perhaps  it  is  not  a  question,  whether 
they  are  not  in  themselves  sinful  ?  and,  as  tending  to  the  decision  of  that 
question,  we  submit  the  following  reasoning,  viz. : 

As  a  matter  of  fact  or  reality,  there  is  no  such  thing  as  chance.  In 
the  place  of  what  men  call  chance  is  the  living  God,  omnipresent  and 
omniscient.  An  appeal  to  God  without  serious  cause  is  profane.  Nor 
is  this  reasoning  impaired  by  the  suggestion  sometimes  made,  that  those 
who  play  at  games  of  chance  do  not  intend  to  be  profane.  Thus, 
an  habitual  swearer  is  not  conscious  of  an  intention  to  be  profane,  yet 
who  shall  say  he  is  not,  while  oaths  continue  to  drop  from  his  lips  ? 
Ignorance  and  thoughtlessness  are  the  negative  causes  of  his  unconscious 
guilt.      Are  they  not  also  in  the  other  case  ? 

The  standard  by  which  right  and  wrong  are  determined  is  the  moral 
law  of  God.  Whether  a  responsible  creature's  act  is  right  or  not  is  to 
be  determined  by  his  real  relations  to  God  in  the  act.  His  relation  to 
God  exists.  He  refers  to  the  nonentity  chance  for  decision,  a  matter 
which  God  only  can  and  does  determine.  Hence  his  appeal  proves  to  be 
an  appeal  to  God,  and  an  appeal  to  God  without  proper  cause  is  profane. 
If  this  view  carries  with  it  serious  consequences,  we,  on  that  account, 
all  the  more  beg  of  the  Assembly,  and  would  of  the  whole  Church,  the 
most  thoughtful  and  prayerful  consideration  of  it;  for,  if  true,  it 
behooves  all  to  acknowledge  it  and  be  guided  by  it. 

The  Scriptures  show  that  the  lot  involving  the  principle  of  chance  is 
an  ordinance  of  God.  "  The  lot  is  cast  into  the  lap;  but  the  whole 
disposing  thereof  is  of  the  Lord "  (Prov.  xvi.  33).  Likewise  our 
Standards  show  the  same;  and  teach  that  the  lot  improperly  used  is 


NATURE,    ENDS,    AND   SUBJECTS.  613 

sinful.  See  the  answer  to  the  113th  question  of  the  Larger  Catechism, 
where  it  is  declared  that  among  the  sins  forbidden  in  the  third  com- 
mandment are  ' '  all  sinful  cursing,  oaths,  vows,  and  lots. ' ' 

In  reference  to  card-playing  under  the  popular  style  of  "  progressive 
euchre, ' '  your  Committee  would  fain  hope  the  practice  is  diminishing  in 
the  centres  of  social  influence — the  larger  cities.  But  whether  this  is  so 
or  not,  it  still  exists  to  such  extent  as,  if  it  be  wrong,  to  do  great  harm. 
If  the  principle  for  which  we  have  contended  be  true,  that  games  of 
chance  are  necessarily  sinful,  that  ought  to  settle  the  question  for  all  who 
love  God  and  seek  to  obey  Him.  Besides  this,  much  as  we  could  desire 
to  say  nothing  which  would  unnecessarily  shock  or  wound  the  feelings  of 
any,  your  Committee  fail  to  see  how  this  practice  does  not  combine  in 
itself  the  essential  elements  of  gambling.  Our  civil  statutes  and  courts 
of  law,  for  substance,  define  gambling  to  consist  in  playing  at  any  game 
of  chance  for  money,  or  anything  else  of  value.  That  something  of 
greater  or  less  value  is  generally  played  for  in  this  parlor  style  of  card- 
playing  is  too  well  known  to  need  any  affii-mation  by  this  Committee. 
And  civil  courts  have  already  decided  it  to  be  gambling.  What  a  sub- 
ject for  thought  and  humiliation  it  is,  and  an  evidence  that  evil  can 
stealthily  creep  into  the  Church,  although  the  most  glorious  body  on 
earth,  that  here  is  a  practice  indulged  in  by  church  members  which,  when 
brought  into  court,  has  been  found  to  be  under  the  ban  of  State  law, 
which  looks  only  to  public  policy.  How  then  is  the  Church  fulfilling 
her  mission  as  the  light  of  the  world  ?  How  can  her  people  be  the  salt 
of  the  earth  when  the  salt  cannot  be  distinguished  from  the  earth  ? 

No  General  Assembly  of  our  Church  has  made  a  deliverance  touching 
card-playing  in  any  form  for  the  last  fifteen  years,  nor  upon  theatre- 
going  and  dancing  for  twelve  years.  In  view  of  these  facts,  and  in  view 
of  the  whole  subject,  involving  the  most  weighty  interests,  your  Commit- 
tee would  recommend  for  adoption  the  following  resolutions: 

1.  That  this  General  Assembly  reaffirms  the  deliverances  of  past 
Assemblies  on  the  subject  of  worldly  amusements,  calling  attention  to 
the  excellent  summary  of  Christian  principles  set  forth  in  the  action  of 
the  Assembly  of  1879,  and  the  resolution  adopted  by  the  Assembly 
on  "the  theatre  and  opera"  (Digest,  Moore,  1886,  pp.  590,  591). 
Also  to  the  action  of  the  New  School  Assembly  in  1869  on 
"the  opera,  the  dance,  the  theatre  and  card-playing"  (Digest, 
Moore,  1886,  pp.  588,  590);  and  the  action  of  the  Old  School  Assem- 
bly of  1860,  interpreting  our  Standards,  in  answer  to  an  overture  from 
the  Presbytery  of  Cincinnati,  to  the  effect,  that  social  dances  and  private 
theatricals  are  included  under  the  head  of  "  dancing  and  stage-plays  " 
mentioned  in  the  Larger  Catechism  amongst  the  "  sins  forbidden  in  the 
seventh  commandment, ' '  and  declaring  church  Sessions  fully  competent 
to  decide  when  and  how  far  discipline  should  be  exercised  (Digest, 
Moore,  1886,  pp.  586).  (See  this  Digest,  pp.  613,  (b) ;  609,  (3);  and 
608,  (d). 

2.  This  General  Assembly  would  affectionately  call  upon  all  the  mem- 
bers of  our  Church,  to  so  regard  their  obligations  to  Christ,  as  to  see  to 
it,  that  they  take  no  part  in  amusements  which  they  cannot  take  in  His 
name.— 1891,  pp.  153-155. 

b.      The   theatre   and   the   opera. 

The  Committee  recommended  the  following  resolution: 

A  resolution  in  regard  to  the  theatre  and  the  opera  referred  to  the 


61-1  BOOK    OF    DISCIPLINE,    SECT.    3. 

Committee  by  the  Assembly.  In  reporting  this  resolution  for  adoption, 
your  Committee  think  it  wise  to  invite  the  attention  of  our  churches  to 
those  grounds  of  Christian  principles,  so  easily  overlooked,  on  which  the 
Assembly  based  their  disapprobation  of  these  forms  of  entertainment. 
They  recommend  that  the  following  minute  be  recorded,  with  the  intent 
that  the  pastors,  at  their  discretion,  may  read  it  from  their  pulpits : 

The  General  Assembly  affectionately  request  all  the  churches  and 
church  members  under  their  care  to  weigh  and  make  application  of  the 
following  principles  and  considerations : 

1.  Christian  piety  does  not  consist  in  any  merely  outward  proprieties, 
but  chiefly  in  those  renewed  and  positive  affections  and  principles  which 
attend  the  life  of  Christ  in  the  souls  of  His  people. 

2.  Yet,  inasmuch  as  it  is  impossible  for  the  Church  to  look  directly, 
as  God  alone  can,  upon  the  affections  and  principles  by  which  her  mem- 
bers are  controlled;  and,  inasmuch  as  a  sense  of  common  infirmity 
prompts  all  good  men  to  judge  charitably  each  other's  characters,  it 
comes  to  pass  that  the  mere  external  propriety  which  avoids  gross  sin 
possesses  with  men  a  Christian  currency  and  acceptableness  which  it  can 
by  no  means  have  with  Christ,  who  died  for  us  that  we  might  live  unto 
Him. 

3.  Since  Christians  are  of  necessity  intimately  associated  with  those 
who  are  not  Christians,  and  since,  especially  in  matters  that  are  not 
covered  by  specific  divine  law,  men's  views  of  what  is  externally  proper 
are  so  largely  affected  by  the  views  and  practices  of  the  community  about 
them,  it  further  comes  to  pass  that  neither  the  Bible,  nor  the  Church,  nor 
the  thoughtful  consciences  of  Christians,  but  worldly  usage,  is  allowed 
to  define  those  limits  of  external  propriety  to  which  a  Christian  may 
reputably  go. 

4.  It  is  in  this  way  that  many  forms  of  dangerous  worldly  indulgence 
come  to  be  included  as  allowable  elements  of  Christian  living.  No  one 
would  claim  that  the  divine  development  of  the  life  of  Christ  in  the  new 
heart  of  a  Christian  would,  of  itself,  lead  to  entertainments  whose  prevail- 
ing influence  over  those  who  partake  of  them,  and,  signally,  over  many 
of  those  who  provide  them,  is  like  that  which  the  theatre  and 
the  opera  are  known  to  exert.  Surely  no  Christian  will  maintain 
that  his  devotion  to  Christ  binds  him  to  use  and  encourage  these  forms  of 
entertainment.  At  most,  he  defends  them,  and  by  the  plea  that  they  are 
not  so  wrong  that,  to  love  them,  resort  to  them,  and  uphold  them,  dis- 
proves piety. 

The  Assembly  raise  their  affectionate  warning  against  that  whole  princi- 
ple of  living,  which  sets  aside  the  sacred  and  inspiring  responsibilities  of 
a  life  wholly  Christ's,  in  the  interest  of  any  gratifications,  which  are  at 
the  same  time  gratuitous  and  of  harmful  tendency.  It  is  true,  indeed, 
that  men  can  find,  or  can  make,  temptations  in  forms  of  action  which 
are  of  indispensable  use;  and  that  fact  in  no  way  forbids  a  Christian  to 
share  in  such  necessary  acts.  Thus  the  avarice  of  some  men  and  the 
gluttony  of  others  do  not  forbid  Christians  to  use  food  or  money.  But 
when  a  form  of  action  is  uncommanded  and  entirely  voluntary,  being 
chosen  only  for  the  pleasure  which  it  gives,  it  can  claim  no  allowance 
from  a  loyal  Christian  conscience,  unless  it  commend  itself  to  the  most 
enlightened  and  enlarged  Christian  love  for  Christ,  for  hoUness  and  for 
the  souls  of  men. 

In  view  of  tliis  simple,  fundamental,  and  far-reaching   principle,   so 


NATURE,     ENDS,     AND    SUBJECTS.  61(> 

frequently  explained  in  the  New  Testament,  the  Assembly  now  appeal  to 
all  the  pastors.  Sessions,  and  church-members  under  their  care,  that  they 
discourage,  in  all  earnest  and  consistent  ways,  the  resort  of  Christians 
and  their  families  to  the  theatre  and  to  the  opera. 

It  would  be  easy  to  enumerate  with  these  many  other  forms  of  public 
and  social  amusement  which,  on  account  of  their  known  practical  ten- 
dency, are  equally  precluded  by  the  same  principle.  But  no  list  of  such 
unwholesome  gratifications  could  possibly  be  made  complete.  The 
Assembly,  therefore,  are  not  to  be  thought  to  be  indorsing  any  worldly 
usage  of  which  they  now  omit  to  speak;  but  they  consider  that  there  are 
special  reasons  for  calling  attention  to  those  two  forms  of  recreation  which 
have  been  named.  They  are  very  prevalent  and  very  seductive;  they 
are  notably  unfriendly  to  personal  spirituality,  to  the  safe  training  of 
children  and  youth,  to  the  just  and  predominant  interest  of  the  Church's 
members  in  the  Church's  own  meetings  for  simple  and  unartistic  prayer 
and  praise,  and  to  a  healthy  taste  for  the  direct  and  spiritual  exercises  of 
public  worship.  In  addition  to  this,  they  are  publicly  partaken  of  in 
the  presence  of  a  multitude,  and  therefore  they  exert  such  a  power  of 
misleading  example  as  hardly  belongs  to  any  other  form  of  worldliness. 
And,  finally,  they  are  very  commonly  excused  by  abstract  pleas 
which  overlook  entirely  their  known  and  settled  practical  tendency. 
For  these  reasons  the  Assembly  count  it  their  duty  to  utter  in  regard 
to  them  a  tender  but  explicit  warning.  The  prayerful  and  considerate 
attention  of  pastors  and  people  is  accordingly  called  to  the  following 
resolution : 

Resolved,  That,  in  view  of  the  increased  attendance  of  church  mem- 
bers at  the  theatre  and  opera,  the  Assembly  bear  earnest  and  solemn 
testimony  against  this  practice  as  inconsistent  with  Christian  duty,  since 
it  not  only  gives  countenance  and  support  to  an  institution,  justly 
described  by  a  former  Assembly  as  a  school  of  immorality,  but  is  in  itself 
spiritually  hurtful,  and  tends  to  obliterate  the  line  which  should  always 
be  plainly  visible  between  the  followers  of  Christ  and  the  world. — 1879, 
pp.  625,  626;  reaffirmed,  1891,  p.  155. 

5.    Gambling,  lotteries,  horse-racing,  betting,  etc. 

a.      These  sins  to  be  denounced  and  avoided. 

The  vice  of  gambling  has  also  been  forced  upon  our  attention.  We 
indeed  hope  that  few,  or  perhaps  none,  of  our  actual  professors  have 
indulged  themselves  in  the  practice  of  what  they  consider  as  coming 
under  the  denomination  of  gambling.  But  perhaps  there  are  some 
addicted  to  this  practice  who  have  evinced  a  predilection  for  our  Church 
and  forms  of  worship,  and  who  are  not  unwilling  to  receive  the  word  of 
admonition  from  us.  Such  we  would  earnestly  exhort  to  consider  in  the 
most  serious  manner  the  consequences  of  the  course  they  are  pursuing, 
and  the  awful  lessons  which  the  experience  of  the  world  is  every  day 
exhibiting  on  this  subject.  But  it  is  our  duty  further  to  testify  that  all 
encouragement  of  lotteries  and  purchasing  of  lottery  tickets,  all  attend- 
ance on  horse-racing  and  betting  on  such,  or  any  other  occasions,  and 
all  attempts  of  whatever  kind  to  acquire  gain  without  giving  an  equiva- 
lent, involve  the  gambling  principle,  and  participate  in  the  guilt  which 
attaches  to  that  vice. — 1818,  p.  690. 


616  BOOK    OF    DISCIPLINE,    SECT.    3. 

b.     Lotteries  to  be  discountenanced. 

The  report  of  the  Committee  on  the  subject  of  lotteries,  which  was  laid 
on  the  table,  was  taken  up  and  adopted,  and  is  as  follows,  viz. : 

That  although  so  often  sanctioned  by  legislative  acts,  although  the 
proceeds  of  lotteries  have  not  unfrequently  been  appropriated  to  benevo- 
lent and  religious  objects,  although  many  wise  and  good  men  have,  in 
periods  past,  by  their  participation  or  agency  given  countenance  to 
lotteries,  yet  your  Committee  cannot  view  them  in  any  other  light  than 
that  of  legalized  gambling. 

It  would  require  v^olumes  to  record  all  the  evils  resulting  from  this 
system  of  predatory  speculation.  It  adds  nothing  to  the  wealth  of  the 
community.  It  too  often  takes  from  the  uninformed  poor  the  property 
obtained  by  labor  and  skill,  and  transfers  the  same  without  the  least 
equivalent  into  the  hands  of  the  idle  and  unworthy.  It  thus  becomes  the 
means  of  introducing  and  extending  habits  of  gambling  in  all  forms. 
Hundreds  of  families  yearly  are  reduced  to  dependence  and  beggary,  and 
not  unfrequently  its  deluded  victims  terminate  their  miserable  existence 
in  this  world  by  suicide. 

Contemplating  this  multitude  of  evils  to  individuals,  to  families  and 
to  the  community  at  large,  your  Committee  beg  leave  to  submit  the 
following  resolutions  : 

Resolved,  1.  That,  in  the  opinion  of  this  General  Assembly,  all  lotteries 
should  be  discountenanced  by  every  professed  member  of  the  Presbyterian 
Church  as  immoral  in  their  nature  and  ruinous  in  their  effects  upon  indi- 
vidual character  and  the  public  welfare. 

2.  That  the  purchase  and  sale  of  lottery  tickets  should  be  avoided  by 
every  member  of  our  Church,  even  when  the  professed  object  of  the 
lottery  may  be  praiseworthy,  inasmuch  as  it  is  not  allowable  to  do  e\il 
that  good  may  come. 

3.  That  all  the  Presbyteries  under  the  care  of  this  General  Assembly 
be,  aud  they  hereby  are  recommended  to  take  order  on  the  subject  of  lot- 
tery gambling,  to  press  the  consideration  of  it  and  its  attendant  e\'ils  upon 
ministers  and  Sessions,  and  to  adopt  such  plans  of  operation  as  may  free 
the  Church  from  all  participation  in  this  sin,  enlighten,  arouse  and 
direct  public  opinion,  and  save  our  country  from  this  and  every  other 
species  of  gambling. — 1830,  p.  306. 

[Note— See  No.  4,  p.  612  ;  Minutes,  1891,  pp.  153-155.] 

C.      Circulation  of  lottery  schemes  through  the  mails. 

A  petition  having  been  referred  to  this  Committee  respecting  the  circu- 
lation through  the  mails  of  lottery  schemes  and  immoral  literature,  the 
Committee  recommend  the  following  resolution: 

Resolved,  That  the  General  Assembly  renew  the  expressions  of  the  last 
Assembly,  of  sympathy  with  the  efforts  to  suppress  the  circulation,  in  the 
mails  and  otherwise,  of  publications  of  this  character. — 1880,  p.  77. 

[Note— See  Minutes,  1879,  p.  556;  1890,  p.  37.] 

d.     All   games   of  chance   discountenanced. 

In  view  of  recent  notorious  attempts  to  force  the  lottery  system  upon 
some  portions  of  our  land  by  legislative  enactments,  the  General  Assem- 
bly does  hereby  reiterate  in  the  most  emphatic  manner  its  condemnation 
of  all  lotteries  as  immoral  in  their  nature  and   ruinous  in  their  effects 


NATURE,    ENDS,    AND    SUBJECTS.  617 

upou  iudividual  character  and  public  welfare.  The  meml)ers  of  our 
Church  are  exhorted  to  discountenance  all  forms  of  resorting  to  chance 
even  for  professedly  praiseworthy  objects;  inasmuch  as  it  is  not  allowable 
to  do  evil  that  good  may  come.  The  Presbyteries  under  our  care  are 
also  recommended,  to  press  upou  the  consideration  of  ministers  and 
Sessions  the  vicious  influence  of  lotteries,  and  urge  them  to  do  what  they 
can  to  arouse  public  conscience  against  this  and  every  other  species  of 
gambling.— 1890,  p.  37. 

6.    Duelists  excluded  from   church  privileges.    Ministers   should   not 
attend  the  funeral  of  a  fallen  duelist. 

The  General  Assembly  having  taken  into  serious  consideration  the 
unhappy  prevalence  of  the  practice  of  dueling  in  the  United  States,  and 
being  anxiously  desirous  to  contribute  what  may  be  in  their  power,  con- 
sistently with  their  character  and  situation,  to  discountenance  and  abolish 
this  practice : 

Resolved  unanimously,  That'they  do,  in  the  most  unequivocal  manner, 
declare  their  utter  abhorrence  of  the  practice  of  dueling  and  of  all 
measures  tending  thereto,  as  originating  from  the  malevolent  dispositions 
of  the  human  heart,  and  a  false  sense  of  honor,  as  a  remnant  of  Gothic 
barbarism,  as  implying  a  presumptuous  and  highly  criminal  appeal  to 
God  as  the  sovereign  Judge,  as  utterly  inconsistent  with  every  just  prin- 
ciple of  moral  conduct,  as  a  direct  violation  of  the  sixth  commandment, 
and  destructive  of  the  peace  and  happiness  of  families;  aud  the  Assembly 
do  hereby  recommend  it  to  the  ministers  in  their  connection  to  discounte- 
nance, by  all  proper  means  in  their  power,  this  scandalous  practice. 

Resolved  also,  That  it  be  and  it  is  hereby  recommended  to  all  the 
ministers  under  the  care  of  the  Assembly  that  they  scrupulously  I'efuse 
to  attend  the  funeral  of  any  person  who  shall  have  fallen  in  a  duel,  and 
that  they  admit  no  person  who  shall  have  fought  a  duel,  given  or 
accepted  a  challenge,  or  been  accessory  thereto,  unto  the  distinguishing 
privileges  of  the  Church,  until  he  manifest  a  just  sense  of  his  guilt,  and 
give  satisfactory  evidence  of  repentance. — 1805,  p.  339. 

7.    Slavery  and  slaveholding-. 

Overture  on  selling  a  slave,  a  member  of  the  Church. 

The  following  resolution  was  submitted  to  the  Assembly,  viz. : 

Resolved,  That  a  person  who  shall  sell  as  a  slave  a  member  of  the 
Church,  who  shall  be  at  the  time  of  sale  in  good  standing  and  unwilling 
to  be  sold,  acts  inconsistently  with  the  spirit  of  Christianity,  and  ought 
to  be  debarred  from  the  communion  of  the  Church. 

After  considerable  discussion,  the  subject  was  committed  to  Dr.  Green, 
Dr.  Baxter  and  Mr.  Burgess,  to  prepare  a  report  to  be  adopted  by  the 
Assembly,  embracing  the  object  of  the  above  resolution,  and  also 
expressing  the  opinion  of  the  Assembly  in  general  as  to  slavery. 

The  report  of  the  Committee  being  read,  was  unanimously  adopted 
and  referred  to  the  same  Committee  for  publication. — 1818,  p.  692. 

[Note. — For  the  report  in  full,  with  references  to  the  subsequent  action  of  both 
Assemblies,  see  Moore's  Digest,  1886,  pp.  593-595.] 

8.    On  the  lynching  of  Negroes. 
The  following  paper  was  adopted: 
Whereas,  The  practice  of  lynching  Negroes  is  a  frequent  occurrence 


618  BOOK    OF    DISCIPLINE,    SECT.    3. 

in  the  South,  and  is  a  great  evil,  inasmuch  as  it  deprives  the  accused  of 
the  right  of  trial,  which  right  should  be  accorded  to  the  meanest  person ; 
and, 

Whereas,  The  aforesaid  practice  tends  to  overthrow  the  civil  law  and 
to  ignore  constitutional  authority,  and  to  engender  strife  between  the 
races;  and. 

Whereas,  The  abolition  of  the  aforesaid  e\al  practice  will  go  far  to 
maintain  peace,  order  and  harmony  between  the  races,  which  are  so 
essential  to  the  Avelfare  of  both ;  therefore. 

Resolved,  That  the  General  Assembly  of  the  Presbyterian  Church  does 
hereby  express  its  great  sorrow  for  the  existence  of  this  aforesaid  evil 
practice,  now  disapproves  of  the  same,  and  calls  upon  the  good  people 
of  the  nation  and  upon  all  lawful  authority  to  suppress  it. — 1892,  p. 
217. 

9.    Intemperance. 

[Note. — In  1811,  Dr.  Benjamin  Rush  presented  to  the  Assembly  one  thousand  copies 
of  a  pamphlet,  entitled  "An  Inquiry  into  the  Effects  of  Ardent  Spirits  upon  the 
Human  Body  and  Mind."     At  the  same  session  it  was :] 

a.  Resolved,  That  the  Rev.  Drs.  Miller,  Milledoler  and  Romeyn,  Rev. 
Messrs.  James  Richards,  McNeice,  Ezra  Styles  Ely  and  Gardiner  Spring, 
Dr.  John  R.  B.  Rodgers,  Col.  Henry  Rutgers  and  Mr.  Divie  Bethune, 
be  a  Committee  to  endeavor  to  devise  measures  which,  when  sanctioned 
by  the  General  Assembly,  may  have  an  influence  in  preventing  some  of 
the  numerous  and  threatening  mischiefs  which  are  experienced  throughout 
our  country  by  the  excessive  and  intemperate  use  of  spirituous  liquors, 
and  that  this  Committee  be  authorized  to  correspond  and  act  in  concert 
with  any  persons  who  may  be  appointed  or  associate  for  a  similar  purpose, 
and  that  the  Committee  hereby  appointed  report  to  the  next  General 
Assembly. — 1811,  p.  474. 

Upon  the  report  of  this  Committee  the  next  year,  it  was 

b.  Resolved,  1.  That  it  be  recommended  to  all  the  ministers  of  the 
Presbyterian  Church  in  the  United  States  to  deliver  public  discourses,  as 
often  as  circumstances  may  render  expedient,  on  the  sin  and  mischiefs  of 
intemperate  drinking,  in  which  as  well  as  on  all  suitable  occasions,  both 
public  and  private,  it  will  be  proper  pointedly  and  solemnly  to  warn 
their  hearers,  and  especially  members  of  the  Church,  not  only  against 
actual  intemperance,  but  against  all  those  habits  and  indulgences  which 
may  have  a  tendency  to  produce  it. 

2.  That  it  be  enjoined  on  all  church  Sessions  within  the  bounds  of  the 
General  Assembly  that  they  exercise  a  special  vigilance  and  care  over 
the  conduct  of  all  persons  in  the  communion  of  their  respective  churches 
with  regard  to  this  sin,  and  that  they  sedulou.<ly  endeavor  by  private 
warning  and  remonstrance,  and  by  such  public  censures  as  different  ca.5es 
may  require,  to  purge  the  Church  of  a  sin  so  enormous  in  its  mischiefs 
and  so  disgraceful  to  the  Christian  name. 

3.  That  it  be  recommended  to  the  ministers  and  other  ofiicers  and 
members  of  our  Church  that  they  exert  themselves  to  diffuse  as  exten- 
sively as  possible  among  their  congregations  and  the  community  at  large 
such  addresses,  sermons,  tracts  or  other  printed  compositions  on  this 
subject  as  may  have  a  tendency  to  produce  a  suitable  impression  against 
the  use  of  ardent  spirits,  and  to  recommend  sobriety  and  temperance. 

4.  That  it  l)e  recommended  to  the  officers  and  members  of  our  Church 
to  take  such  measures  as  may  be  judged  proper  and  effectual  for  reducing 


NATURE,    ENDS,    AND   SUBJECTS.  619 

the  number  of  taverns,  and  other  places  of  vending  liquors  by  small 
measure,  in  all  those  parts  of  our  country  in  which  either  their  excessive 
numbers  or  the  improper  character  of  such  places  render  them  a  public 
nuisance. 

It  is  believed  that  the  evils  arising  from  these  sources  are  incalculably 
great,  and  that  by  prudent  management  they  admit,  under  Providence, 
of  very  considerable  diminution. — 1812,  p.  511. 

10.    Total  abstinence  from  the  use  of  wines,  liquors,  etc.,  urged. 

a.  We  earnestly  recommend  to  the  officers  and  members  of  our 
Church  to  abstain  even  from  the  common  use  of  ardent  spirits.  Such  a 
voluntary  privation  as  this,  with  its  motives  publicly  avowed,  will  not  be 
without  its  effect  in  cautioning  our  fellow-Christians  and  fellow -citizens 
against  the  encroachment  of  intoxication ;  and  we  have  the  more  confi- 
dence in  recommending  this  course  as  it  has  already  been  tried  with 
success  in  several  sections  of  our  Church. — 1818,  pp.  689,  690  (reprint). 

b.  The  report  of  the  Committee  on  Temperance  was  taken  up,  and 
after  mature  consideration  was  unanimously  adopted,  and  is  as  follows, 
viz. : 

Resolved,  1.  That  this  Assembly  regard  with  devout  gratitude  and 
praise  the  great  success  which  has  attended  the  efforts  of  the  friends  of 
the  cause  of  temperance  during  the  past  year,  as  evinced  in  the  increase 
of  the  number  and  zeal  of  temperance  societies,  in  the  diminution  of  the 
sale  of  ardent  spirits,  and  in  the  existence  of  a  strong  and  increasing 
public  sentiment  against  the  use  of  it. 

2.  That  they  cordially  approve  and  rejoice  in  the  formation  of  temper- 
ance societies  on  the  principle  of  entire  abstinence  from  the  use  of  ardent 
spirits,  as  expressing  disapprobation  of  intemperance  in  the  strongest  and 
most  efficient  manner,  and  making  the  most  available  resistance  to  this 
destructive  and  widespreading  evil. 

3.  That  they  deeply  deplore  the  apathy  manifested  by  many  professing 
Christians  toward  the  cause  of  temperance,  while  many  distinguished 
persons  who  make  no  religious  profession  are  prompt  and  powerful 
fellow -laborers  with  Christians  in  this  worthy  and  divinely  sanctioned 
cause.  And  especially  do  they  grieve  and  wonder  that  members  of  our 
churches,  in  view  of  an  evil  so  debasing  and  so  awful  in  its  prospective 
bearings  on  all  the  interests  of  the  country,  should  not  only  take  no  part 
in  the  exertions  of  their  brethren  and  fellow-citizens  against  intemper- 
ance, but  by  using  and  trafficking  in  ardent  spirits  be  actively  engaged 
in  promoting  it. 

4.  That  they  earnestly  recommend,  as  far  as  practica])le,  the  formi::g 
of  temperance  societies  in  the  congregations  under  their  care,  and  that 
all  members  of  the  chui'ches  adopt  the  principle  of  entire  abstinence 
from  the  use  of  ardent  spirits. 

5.  That  as  friends  of  the  cause  of  temperance  this  Assembly  rejoice 
to  lend  the  force  of  their  example  to  that  cause  as  an  ecclesiastical  body 
by  an  entire  abstinence  themselves  from  the  use  of  ardent  spirits. — 1829, 
p.  262. 

C.  Resolved,  1.  That  this  Assembly  considers  itself  called  upon  to 
make  a  public  acknowledgment  of  the  goodness  of  God  for  the  unpar- 
alleled success  with  which  he  has  crowned  the  efforts  of  those  who  are 
actively  concerned  in  the  promotion  of  temperance. 

2.  That  the   experience  of  the  past  year  furnishes  additional  and  most 


620  BOOK    OF    DISCIPLINE,    SECT.    3. 

abundant  evidence  of  the  wisdom  and  importance  of  the  plan  adopted 
by  the  American  Temperance  Society. 

3.  That  this  Assembly  feels  bound  to  repeat  a  former  recommendation 
to  the  ministers,  elders  and  members  of  the  churches  under  its  care,  to 
discountenance  the  use  of  distilled  liquors  not  only  by  abstaining  them- 
selves from  the  use  of  such  liquors,  but  by  actively  promoting  every 
prudent  measure  devised  for  the  purpose  of  furthering  the  cause  of 
temperance. 

4.  That  this  Assembly  earnestly  recommends  to  all  persons  for 
whose  spiritual  interests  it  is  bound  to  consult  that  they  favor  the 
formation  of  temperance  societies  on  the  plan  of  entire  abstinence. — 
1830,  p.  298. 

d.  The  Assembly  recommend  to  all  the  members  of  the  churches 
under  their  care  to  be  found  the  fast,  unflinching  and  active  friends  of 
temperance,  abstaining  from  all  forms  and  fashions  which  would  counte- 
nance to  any  extent  the  sin  of  intemperance,  avoiding  even  the  appear- 
ance of  evil,  disentangling  themselves  from  all  implication  with  the 
traffic  and  manufacture,  and  especially  presenting  in  their  whole  lives  a 
standing  and  unvarying  exemplification  of  the  only  true  principle  of 
temperance — total  abstinence  from  everything  that  will  intoxicate. — 
1840,  p.  15,  N.  S.  ;  1877,  p.  558. 

e.  The  Assembly  (N.  S. )  reiterates  the  sentiments  and  recommenda- 
tions of  former  Assemblies,  and  calls  upon  its  ministers  and  the  mem- 
bers of  its  churches  to  renew  their  efforts  in  this  direction,  and  especially 
to  refrain  from  the  use  of  cider,  beer  and  ale  as  a  beverage,  and  also 
from  the  manufacture  and  similar  use  of  domestic  wines. — 1864,  p.  508, 
N.  S. 

f.  The  General  Assembly  has  repeatedly  expressed  its  earnest  desire 
for  the  universal  prevalence  of  temperance  among  the  people  of  this 
land.  But  as  a  new  exigency  has  arisen,  growing  out  of  the  demoraliz- 
ing tendency  of  war,  this  Assembly  enjoins  upon  all  their  ministers,  ruling 
elders  and  church  members  to  use  their  influence  upon  those  around 
them,  particularly  on  our  young  men  now  returning  from  the  army,  and 
on  our  youth  in  academies  and  colleges,  to  practice  entire  abstinence 
from  all  intoxicating  drinks  as  a  beverage,  which  it  is  believed  is  the 
only  sure  protection  against  drunkenness.  Intemperance  is  a  great  sin 
against  God  as  well  as  a  bitter  curse  to  man,  obstructing  the  progi'ess  of 
the  Gospel  of  our  Lord  Jesus  Christ  in  the  world,  and  weakening  its 
power  over  the  hearts  of  men.  Hence  it  is  an  imperative  duty,  required 
alike  by  piety  and  patriotism,  to  do  whatever  may  be  practicable  "  to 
stem  the  torrent  that  is  sweeping  myriads  into  the  vortex  of  irretrievable 
ruin."  Especially  should  there  be  the  frequent  utterance  of  friendly 
warning  to  the  young  and  inconsiderate,  "  Touch  not,  taste  not,  handle 
not,"  accompanied  by  a  corresponding  example.  This  simple  and 
effective  remedy,  carried  into  all  the  walks  of  life,  will  make  our  nation 
as  prosperous  and  happy  in  peace  as  it  has  been  heroic  and  victorious 
in  war.— 1865,  p.  570,  O.  S. 

g.  Resolved,  That  total  abstinence  from  all  intoxicating  drinks  as  a 
beverage  is  demanded  from  every  Christian  by  the  condition  of  society, 
the  purity  of  the  Church  and  the  Word  of  God.— 1866,  p.  274,  N.  S. ; 
1877,  p.  558. 

[Note. — Thenceforth  reaffirmed  by  almost  every  Assembly.    See  1897,  p.  127.] 


NATURE,     ENDS,    AND   SUBJECTS.  621 

11.    Manufacture  and  traffic  in  ardent  spirits  condemned. 

a.  That  while  this  Assembly  would  by  no  means  encroach  upon  the 
rights  of  private  judgment,  it  cannot  but  express  its  very  deep  regret 
that  any  members  of  the  Church  of  Christ  should  at  the  present  day  and 
under  existing  circumstances  feel  themselves  at  liberty  to  manufacture, 
vend  or  use  ardent  spirits,  and  thus,  as  far  as  their  influence  extends, 
counteract  the  efforts  now  making  for  the  promotion  of  temperance. — 
1830,  p.  298. 

b.  2.  That  the  practice  of  sending  out  ardent  spirits  to  be  used  as  a 
drink  by  the  uuevangelized  and  partially  civilized  nations  and  tribes  of 
men  is  in  our  view  a  violation  of  the  principles  and  precepts  of  the 
Christian  religion,  and  ought  to  be  abandoned  throughout  the  world. 

3.  That  the  traffic  in  ardent  spirits,  to  be  used  as  a  drink  by  any 
people,  is  in  our  judgment  morally  wrong,  and  ought  to  be  viewed  as 
such  by  the  Churches  of  Jesus  Christ  universally. — 1834,  p.  445. 

In  the  narrative  for  1837  the  Assembly  say: 

C.  It  is  with  the  utmost  surprise  and  pain  that  we  learn  from  the 
reports  of  two  or  three  Presbyteries  that  some  of  their  members,  and  even 
ruling  elders,  still  manufacture  and  sell  ardent  spirits.  These  things 
ought  not  so  to  be.  They  are  a  stumbling-block  to  many,  and  have  a 
manifest  tendency  to  bring  overwhelming  calamities,  both  temporal  and 
spiritual,  on  society  at  large.  No  Church  can  shine  as  a  light  in  the 
world  while  she  openly  sanctions  and  sustains  any  practices  which  are  so 
evidently  destructive  of  the  best  interests  of  society. — 1837,  p.  510. 

12.    The  manufacture  and  sale  of  intoxicating  drinks  an  offence. 

a.  The  great  increase  of  intemperance  throughout  the  land,  especially 
in  our  towns  and  large  cities,  renders  it  imperative  on  the  Church  to  put 
forth  her  influence  to  arrest  it  in  its  destructive  progress.  But  to  render 
her  influence  effective  she  must  purge  herself  from  all  participation  in 
the  sin  by  removing  from  her  pale  all  who  are  engaged  in  the  manufac- 
ture and  sale  of  intoxicating  drinks  for  use  as  a  common  beverage. 

When  a  person  has  been  admitted  to  sealing  ordinances  in  Christ's 
house,  he  ought  not  to  be  excluded  but  upon  grounds  which  are  sanc- 
tioned by  the  Word  of  God  and  the  discipline  of  the  Church ;  and  where 
such  exclusion  takes  place,  it  is  always  founded  upon  an  alleged  offence 
against  the  authority  and  laws  which  Christ  has  established  in  his  house. 
Hence,  one  of  the  ends  of  discipline,  as  laid  down  in  our  Standards,  is 
*'  the  removal  of  offences  "  from  the  Church  of  Christ.  In  the  very 
outset,  then,  it  becomes  necessary  to  ascertain  what  is  an  offence.  In 
our  Book  of  Discipline  it  is  defined  to  be  "  anything  in  the  principles  or 
practice  of  a  church  member  which  is  contrary  to  the  Word  of  God,  or 
which,  if  it  be  not  in  its  own  nature  sinful,  may  tempt  others  to  sin,  or 
mar  their  spiritual  edification"  (Chap,  i.  Sec.  iii).  That  the  practice 
of  manufacturing  and  retailing  intoxicating  drinks  is,  in  its  own  nature, 
sinful,  we  do  not  affirm,  and  need  not  therefore  co;isider,  in  this  sense, 
an  offence  against  the  laws  of  Christ's  house.  But  that  it  tempts  others 
to  sin  and  mars  their  spiritual  edification  is  too  obvious  to  require  proof. 
The  retailer  is  the  proximate  agent  in  tempting  many  to  drink  to  drunk- 
enness, and  in  forming  in  others  the  appetite  for  strong  drink  which 
leads  to  brutal  intoxication.  In  doing  this  he  oflTends  against  God's 
children,  who  are  grieved  at  his  conduct,  which  is  productive  of  such 
injurious  results  both  to  the  bodies  and  souls  of  men.     On  these  grounds, 


622  BOOK   OF    DISCIPLINE,    SECT.    3. 

therefore,  lie  is  guilty  of  an  "  offeuce"  against  the  AV^'ord  of  God,  which 
is  very  explicit  in  setting  its  seal  of  condemnation  on  such  conduct.  In 
the  eighth  chapter  of  his  First  Epistle  to  the  Corinthians,  the  apostle 
has  decided  this  point  with  great  precision.  In  the  church  of  Corinth 
some  thought  it  to  be  right  to  eat  meat  which  had  been  offered  to  idols, 
others  thought  it  wrong.  The  matter  was  submitted  to  the  apostle,  who 
decided  that  although  the  act  was  not  in  its  own  nature  sinful,  yet  if  it 
became  the  occasion  of  offence  or  injury  to  a  weak  brother  it  ought  not 
to  be  done.  "  But  meat  commendeth  us  not  to  God:  for  neither,  if 
we  eat,  are  we  the  better;  neither,  if  we  eat  not,  are  we  the  worse. 
But  take  heed  lest  by  any  means  this  liberty  of  yours  become  a  stum- 
blingblock  to  them  that  are  weak.  For  if  any  man  see  thee  which  hast 
knowledge  sit  at  meat  in  the  idol's  temple,  shall  not  the  conscience  of  him 
that  is  weak  be  emboldened  to  eat  those  things  which  are  offered  to  idols ; 
and  through  thy  knowledge  shall  the  weak  brother  perish,  for  whom 
Christ  died  ?  But  when  ye  sin  so  against  the  brethren,  and  wound  their 
weak  conscience,  ye  sin  against  Christ.  Wherefore,  if  meat  make  my 
brother  to  offend,  I  will  eat  no  flesh  while  the  world  standeth,  lest  I 
make  my  brother  to  offend."  According  to  this  decision  of  the  apostle, 
therefore,  men  "  sin  against  Christ  "  when  they  "  sin  against  the  breth- 
ren ' '  by  doing  that  which,  though  not  sinful  in  itself,  becomes  a  stum- 
bling-block to  them,  and  tempts  them  to  the  commission  of  sin.  Against 
such  a  course  the  apostle  guards  professing  Christians  and  declares  that 
he  had  determined  to  avoid  it. 

Now,  the  apostle's  decision  in  regard  to  the  case  at  Corinth  applies  to 
the  use  of  intoxicating  drinks  when  manufactured  and  sold  for  a  common 
beverage.  When  prepared  and  sold  for  this  purpose,  those  who  do  so 
"  sin  against  the  brethren  and  wound  their  weak  conscience,"  and  thus 
"  sin  against  Christ. "  Hence  they  are  guilty  of  "an  offence,"  their 
conduct  being  "  contrary  to  the  Word  of  God." 

Thus  far  the  subject  appears  very  plain.  That  a  manufacturer  and 
retailer  of  intoxicating  drinks  for  the  purpose  mentioned  is  guilty  of  an 
offence  proved  to  be  such  from  Scripture,  the  foregoing  remarks  clearly 
demonstrate.  But  is  it  such  an  offeuce  as  ought  to  exclude  persons  from 
the  full  privileges  of  the  Church  ?  In  maintaining  the  affirmative  of 
this  question,  it  is  important  to  remark  that  whatever  would  prevent  the 
admission  of  a  person  to  the  sealing  ordinances  of  the  Church,  on  his 
first  application,  ought,  if  found  in  connection  with  his  character  or  con- 
duct after  his  admission,  to  exclude  him  from  her  comuiuuion.  This  is 
so  evident  as  to  require  no  proof.  What,  then,  would  be  considered  a 
sufficient  bar  to  the  full  enjoyment  of  the  privileges  of  the  Church  ?  To 
this  we  reply  that  anything  in  the  principles  or  practice  of  the  applicant 
for  admission  which  greatly  impaired  or  destroyed  the  credibility  of  his 
profession  of  faith  in  Christ  would  be  a  sufficient  ground  of  refusal. 
For  the  ground  of  admission,  as  presented  both  in  the  Word  of  God  and 
the  Standards  of  the.  Church,  is  a  credible  profession  of  faith  in  the  Son 
of  God.  In  the  case  of  the  jailer,  the  Ethiopian  eunuch,  and  even  of 
Simon  Magus,  who  afterward  apostatized,  a  credible  profession  was 
required  and  exhibited  before  they  were  admitted  to  the  communion  of 
the  society  of  the  faithful.  The  same  principle  is  recognized  in  our 
Standards.  *'  Those  who  are  admitted  to  sealing  ordinances,  shall  be 
examined  as  to  their  knowledge  and  piety  "  (Directory  for  Worship, 
Chap,  i,  Sec.  iii;  see  also  Chap,  iv.  Sec.  iv).     From  these  passages  it  is 


NATURE,    ENDS,    AND   SUBJECTS.  623 

manifest  that  such  a  profession  as  involves  credible  evidence  of  Christian 
character,  in  which  knowledge  and  piety  are  essential  elements,  is 
required  by  our  Book  of  those  who  would  be  admitted  to  sealing  ordi- 
nances. Such  being  the  case,  whatever  essentially  impairs  or  destroys 
this  evidence  bars  the  way  to  their  admission.  Accordingly  it  is  provided 
that  "  such  as  are  found  to  be  ignorant  or  scandalous,  notwithstanding 
their  profession  of  the  faith  and  desire  to  come  to  the  Lord's  Supper, 
ought  to  be  kept  from  that  sacrament,  by  the  power  which  Christ  has 
left  in  His  Church,  until  they  receive  instruction  and  manifest  their 
reformation"  (Larger  Catechism,  Q,  173).  Ignorance  and  immorality 
of  conduct  are  here  indicated  as  sufficient  grounds  on  which  to  refuse  an 
applicant  admissiou  to  the  table  of  the  Lord.  The  reason  is  that  Avhere 
either  or  both  exist  there  is  a  want  of  credible  evidence  of  Christian 
character ;  and  where  this  is  wanting,  the  person  ought  not  to  be  admitted. 
And  on  the  same  ground,  a  person  who  has  been  admitted,  if  he  be  after- 
ward found  to  be  ignorant  or  scandalous,  and  thus  destitute  of  the 
evidence  of  Christian  character,  ought  to  be  excluded. 

In  the  case  which  we  are  considering,  the  person  in  question  does  not 
give  credible  evidence  in  favor  of  his  Christian  character.  He  does  not 
give  such  satisfaction  with  respect  to  his  "  knowledge  and  piety  "  as  is 
sufficient  to  entitle  him  to  continue  in  the  full  privileges  of  the  Church 
as  a  member  in  good  standing.  For  the  man  who,  at  the  present  time, 
is  ignorant  of  the  effects  of  the  practice  of  the  manufacture  and  sale  of 
intoxicating  drinks  as  a  common  beverage,  in  tempting  others  to  sin 
and  "  maiTing  their  spiritual  edification,"  must  be  criminally  regardless 
of  what  is  going  on  around  him.  And  he  who,  knowing  this,  perseveres 
in  the  practice,  evinces  a  state  of  heart  directly  the  reverse  of  that  which 
is  produced  by  ' '  the  grace  of  God, ' '  that  ' '  teaches  us  that,  denying 
ungodliness  and  worldly  lusts,  we  should  live  soberly,  righteously  and 
godly  in  this  present  world."  On  the  ground,  therefore,  that  his  pro- 
fession of  religion  is  destitute  of  the  attributes  which  are  necessary  to 
render  it  credible  he  ought  not  to  be  continued  in  the  communion  of  the 
Church,  nor  certified  as  a  member  in  good  standing. 

We  are  aware  that  it  has  been  objected  to  this  view  of  the  case  that  it 
is  establishing  a  new  term  of  communion  not  before  known  in  the  Church. 
But  upon  the  principles  laid  down  and  established,  it  is  not.  We  have 
seen  that  credible  evideuce  of  Christian  character,  involving  the  exhibi- 
tion of  "  knowledge  and  piety,"  is  the  old  term  of  communion  laid 
down  in  God's  Word  and  the  Standards  of  our  Church.  It  has  also 
been  made  to  appear  that  the  practice  of  manufacturing  and  retailing 
intoxicating  drinks  as  a  beverage  is  a  sin  against  the  brethren  and  against 
Christ,  and  while  persevered  in  vitiates  this  evidence  and  works  a  forfeit- 
ure of  the  privileges  of  Christian  communion.  If  the  practice  of  the 
Church  has  been  to  any  extent  favorable  to  the  admission  or  continuance 
of  such  persons  in  her  communion,  it  only  proves  that  the  Church,  in 
these  cases,  has  overlooked  or  neglected  to  enforce  the  true  principles  of 
her  Standards.  It  cannot  be  fairly  drawn  into  argument  to  prove  that 
the  principle  is  not  there,  or  if  there,  that  it  ought  not  to  be  applied  in 
this,  as  in  other  cases,  of  visible  offence  against  Christ  and  his  Church. 
We  conclude,  therefore,  that  it  is  not  adopting  any  new  term  of  com- 
munion to  exclude  persons  from  sealing  ordinances  on  the  ground  of  their 
manufacturing  and  vending  intoxicating  drinks  as  a  beverage.  On  the 
contrary,  it  is  only  falling  back  upon  the  teachings  of  the  Bible  and  the 


624  BOOK    OF    DISCIPLINE,    SECT.    3. 

Constitution  of  the  Church,  which  requires  visible  Christianity,  in  a 
credible  form,  of  those  who  would  partake  of  these  ordinances,  and 
refuses  the  privilege  to  those  who  by  overt  acts  of  offence  fail  to  present 
such  evidence. —1865,  p.  571,  O.  S.  ;  1889,  p.  103. 

b.    Those  engaged  in  the  manufacture  or  traffic   in  intoxicating    liquors 
should  not  be  received  or  retained  in  the  church. 

We  call  upon  the  Sessions  of  our  churches  to  guard  carefully  the  purity 
of  the  Church  by  refusing  to  admit  to  membership,  or  to  retain  those  with- 
in her  pale,  who  are  engaged  in  the  manufacture  or  sale  of  intoxicating 
liquors  as  a  beverage  or  who  derive  their  livelihood  from  this  sinful 
traffic— 1877,  p.  558. 

13.    Prohibitory  laws.  ^ 

a.  The  following  resolution  upon  the  subject  of  temperance  was  unan- 
imously adopted: 

Resolved,  That  the  General  Assembly  continue  to  view  with  deep  inter- 
est the  progress  of  the  temperance  reformation,  most  intimately  connected 
with  the  vital  interests  of  men  for  time  and  eternity,  and  they  do  espe- 
cially hail  its  new  phase  through  the  action  of  several  State  Legislatures 
by  which  the  traffic  in  intoxicating  liquors  as  a  beverage  is  entirely  pro- 
hibited. They  commend  this  new  system  of  legislation  to  the  attention 
and  support  of  all  ministers  and  churches  connected  with  this  body  for 
its  blessed  results  already  experienced,  and  as  able,  if  universally  adopted, 
to  do  much  to  seal  up  the  great  fountains  of  drunkenness,  pauperism 
and  crime,  and  relieve  humanity  of  one  of  its  most  demoralizing  and 
distressing  evils.— 1854,  p.  503,  N.S. 

b.  Whereas,  Intemperance  is  the  great  antagonist  of  domestic  peace 
and  social  happiness,  of  sound  morality  and  pure  Christianity,  and  at 
war  with  all  the  dearest  interests  of  man  for  this  world  and  the  future ; 
and  whereas,  the  experience  of  two  hundred  years  proves  that  this  evil 
can  never  be  removed  or  effectively  resisted  while  the  traffic  in  intoxi- 
cating drinks  is  continued,  it  being  necessary  if  we  would  stop  the  effect 
to  remove  the  cause ;  therefore, 

Resolved,  1.  That  this  Assembly,  as  lovers  of  our  holy  religion,  of 
our  country  and  our  race,  and  as  office-bearers  in  the  Church,  can  but 
feel  a  lively  interest  in  the  progress  of  the  temperance  reform. 

Resolved,  2.  That  we  here  record  our  devout  thanksgiving  to  almighty 
God  for  the  recent  unparalleled  progress  of  this  reform,  as  evinced  by 
the  action  of  the  Legislatures  of  thirteen  States  and  two  Territories  of  our 
Union,  in  the  passage  of  laws  prohibiting  entirely  the  traffic  in  all 
intoxicating  beverages. 

Resolved,  3.  That  in  the  opinion  of  this  body  laws  prohibiting  the 
sale  of  intoxicating  drinks  can  interfere  with  the  rights  of  no  man, 
because  no  man  has  a  right  of  any  name  or  nature  inconsistent  with  the 
public  good  or  at  war  with  the  welfare  of  the  community,  it  being 
a  well-known  and  universally  acknowledged  maxim  of  law  that  "  No 
man  has  a  right  to  use  his  own  to  the  injury  of  his  neighbor." 

Resolved,  4.  That  we  earnestly  recommend  to  the  ministers  and  con- 
gregations in  our  connection,  and  to  all  others,  to  persevere  in  \'igorous 
efforts  until  laws  shall  be  enacted  in  every  State  and  Territory  of  our 
beloved  country  prohibiting  entirely  a  traffic  which  is  the  principal 
cause  of  the  drunkenness,  and  its  consequent  pauperism,  crime,  taxa- 


NATURE,    ENDS,    AND   SUBJECTS.  625 

tion,  lamentation,  war  and  ruin  to  the  bodies  and  souls  of  men,  with 
which  the  country  has  so  long  been  afflicted. — 1855,  pp.  30,  31,  N.  !S.  ; 
1883,  p.  655;  1889,  p.  103;  1892,  p.  164;  1895,  p.  100. 

C.  Without  attempting,  therefore,  to  indicate  any  distinct  line  of 
policy  to  be  pursued  in  the  effort  to  repress  intemperance,  the  following 
resolutions  are  recommended  for  adoption: 

1.  That  this  Assembly  repeats  the  unvarying  testimony  of  preceding 
Assemblies  against  this  widespread  and  destructive  vice. 

2.  That  in  view  of  the  evils  wrought  by  this  scourge  of  our  race,  this 
Assembly  would  hail,  with  acclamations  of  joy  and  thanksgiving,  the 
utter  extermination  of  the  traffic  in  intoxicating  liquora  as  a  beverage, 
by  the  power  of  Christian  conscience,  public  opinion,  and  the  strong 
arm  of  the  civil  law.  Adopted.— 1883,  p.  655;  1884,  pp.  73,  74;  1885, 
pp.  666-668;  1887,  p.  127;  1889,  p.  103;  1892,  p.  164;  1895,  p.  100. 

14.    Against  the  manufacture  and  sale  of  intoxicating  liquors  and 
renting  property  for  such  uses. 

a.  Overture,  from  the  Presbyteries  of  Pittsburgh  and  of  Philadelphia 
Central,  asking  the  Assembly  for  further  action,  clear  and  unmistakable, 
in  regard  to  the  manufacture,  sale,  and  use  as  a  beverage,  of  intoxicating 
liquors.     The  Committee  recommend  the  following  answer: 

This  Genei'al  Assembly,  believing  the  manufacture,  sale,  and  use  of 
alcoholic  stimulants  as  a  beverage,  to  be  contrary  to  the  spirit  of  God's 
Word,  and  wholly  inconsistent  with  the  claims  of  Christian  duty,  reiter- 
ate the  testimonies  of  former  Assemblies  on  this  subject. 

The  Assembly  also  affirm  their  conviction  of  the  reprehensible  com- 
plicity in  the  guilt  of  the  aforesaid  traffic  of  those  who  knowingly  rent 
their  premises  for  such  purpose,  or  indorse  licenses  that  legalize  it. 

And  further  to  give  emphasis  to  the  action  now  taken  and  the  utter- 
ances of  former  Assemblies  above  referred  to,  the  Board  of  Publication 
ai'e  directed  to  print  an  abstract  of  such  former  testimonies  as  cover  the 
points  referred  to  in  the  overtures,  and  send  a  copy  thereof  to  every 
pastor  and  stated  supply  within  our  bounds,  with  the  direction  of  the 
Assembly  to  read  the  same  publicly  from  their  respective  pulpits. 

Finally,  the  Assembly  recommend  the  general  circulation  of  a  temper 
ance  literature  as  tending  to  inform  and  arouse  the  public  conscience 
with  reference  to  the  evils  of  intemperance.  And  to  aid  in  this  they 
urge  upon  the  attention  of  the  Board  of  Publication  the  publishing,  iu 
addition  to  those  now  on  their  catalogue,  of  such  other  ti'eatises  as  shall 
be  adapted  to  this  end.— 1871,  p.  490;  1875,  p.  515;  1876,  p.  85; 
1890,  p.  83. 

b.  1.  The  General  Assembly,  viewing  with  grave  apprehension  the 
persistence  and  spread  of  the  use  of  intoxicating  drinks,  as  among  the 
greatest  evils,  if  not  the  greatest  evil,  of  our  day,  as  a  curse  resting 
upon  every  nation  of  Christendom,  as  multiplying  their  burdens  of  taxa- 
tion, pauperism  and  crime;  as  undermining  their  material  prosperity,  as 
a  powerful  hindrance  to  the  Gospel  at  home,  and  as  still  more  deeply 
degrading  the  heathen,  whom  we  seek  to  evangelize  abroad,  would 
rejoice  at  the  revival,  in  recent  years,  of  efforts  to  stay  these  great  evils, 
and  would  renew  its  testimony,  begun  as  early  as  1812  (and  continued 
to  the  present  day),  "  not  only  against  actual  intemperance,  but  against 
all  those  habits  and  indulgences  which  may  have  a  tendency  to  pro- 
duce it." 

40 


626  BOOK    OF    DISCIPLINE,    SECT.    3. 

2.  We  reiterate  the  judgments  of  former  General  Assemblies  against 
the  manufacture  and  sale  of  intoxicating  liquors  to  be  used  as  a  bever- 
age, and  against  the  renting  of  one's  property  knowingly  for  such 
manufacture  and  sale.  We  admonish  our  members  to  avoid  all  com- 
plicity in  the  traffic,  and  to  use  all  their  influence  for  the  suppression  of 
the  same,  in  such  measures  and  to  such  degrees  as  shall  seem  to  them 
wise  and  expedient. 

3.  The  efforts  of  the  women  of  our  own  and  of  other  Churches,  in 
the  promotion  of  the  cause  of  temperance,  are  recognized  as  a  powerful 
factor  in  the  settlement  of  this  question,  and  greatly  increase  our  hope  of 
final  and  complete  success. — 1880,  p.  75. 

[Note— See  No.  14,  p.  (525 ;  Minutes,  1865,  p.  561,  0.  S.] 

15.  The  "saloon,"  licensed  or  unlicensed,  a  curse  to  our  land. 

That  this  Assembly  regards  the  saloon,  licensed  or  unlicensed,  as  a 
curse  to  the  land,  inimical  to  our  free  institutions  and  a  constant  jeopai'dy 
to  the  present  and  lasting  peace  and  happiness  of  all  members  of  the 
home,  and,  furthermore,  loyalty  to  Christ  and  His  Church  should  con- 
strain every  Christian  citizen  to  be  earnestly  zealous  in  securing  the 
removal  of  the  traffic  very  largely  responsible  for  the  mass  of  crime, 
pauperism,  and  the  social  evil  that  flood  the  land  with  misery,  and  that 
we  emphasize  the  great  value  to  the  cause  of  temperance  in  this  country 
Avhich  comes  from  the  Supreme  Court  of  the  United  States  in  its  recent 
decisions. 

That  we  urge  Congress  to  pass  laws  abolishing  the  sale  of  all  intoxi- 
cating liquors  for  beverage  purposes  from  all  the  Territories  of  the  United 
States  and  the  District  of  Columbia,  and  from  all  buildings  and  in- 
stitutions under  control  of  the  United  States  Government. — 1892, 
.p.  164. 

16.  The  Presbyterian  Woman's  Temperance  Association  indorsed. 

That  we  indorse  the  work  of  the  Presbyterian  Woman's  Temperance 
Association  and  all  kindred  organizations,  and,  bidding  them  Godspeed, 
that  we  urge  the  women  of  our  Presbyterian  churches  to  organize  tem- 
perance work  along  the  same  Church  lines  as  those  adopted  by  the  women 
of  the  Presbyterian  churches  of  Pennsylvania,  and  this  not  in  antag- 
onism, but  in  perfect  harmony  with,  the  evangelistic  work  of  other 
temperance  organizations.  Also  that  this  work  be  extended  to  the 
children  and  youth.— 1892,  p.  165;  1890,  p.  93;  1891,  p.  150;  1893, 
p.  174;  1894,  p.  154;  1896,  p.  137;  1897,  p.  124. 

17.    The  deliverances  of  the  past  eighty  years  to  be  printed. 

That  from  the  pulpits  of  our  beloved  Church,  emphasis  should  be 
given  to  the  deliverances  of  this  General  Assembly  for  the  past  eighty 
years,  and  in  order  that  church  communicants  and  others  who  might  be 
led  to  be  interested  in  temperance  work,  may  thoroughly  understand  the 
position  of  the  Church,  now  and  in  years  past,  the  Permanent  Com- 
mittee be  requested  to  have  their  tract,  ' '  A  Summary  of  the  Deliverances 
of  the  Assembly  on  Temperance,"  sent  to  all  pastors  throughout  the 
Church,  with  a  request  that  the  tract  be  distributed  among  the  people. 
—1892,  p.  165;  1895,  p.  100. 


NATURE,    ENDS,     AND   SUBJECTS.  627 

18.    Temperance  training  and  education  for  the  young. 

a.  Resolved,  That  we  deplore  the  evils  of  intemperance,  and  that  we 
see  in  those  evils  a  great  hindrance  to  that  coming  of  the  Lord's  king- 
dom in  human  hearts  for  which  the  Church  labors  and  prays. 

We  realize  that  the  early  education  of  the  young  as  to  the  natui'e  and 
effects  of  alcoholic  drinks  and  other  narcotics  is  a  powerful  preventive 
against  intemperance.  And  we  rejoice  that  laws  have  been  enacted 
requiring  this  study  in  the  public  schools  of  thirty-nine  States  and  in  all 
the  Territories,  in  the  national  military  and  naval  schools,  and  in  all 
Indian  and  colored  schools  under  Federal  control — embracing  fully 
thirteen  million  children  of  school  age.  We  recommend  that  our 
churches  appoint  Special  Committees  to  make  efforts  for  the  enforcement 
of  these  laws.  And,  in  cases  where  the  law  is  not  sufficiently  mandatory, 
we  recommend  that  our  Synods  instruct  their  Temperance  Committees  to 
petition  for  such  amendments  as  the  case  may  demand. 

Resolved,  That  the  time  has  fully  come  for  the  introduction  of  physio- 
logical temperance  into  all  day  mission  schools,  home  and  foreign,  that 
are  under  the  direction  of  the  Presbyterian  Church. 

We,  therefore,  urge  that  the  proper  school  authorities  be  required  to 
provide  for  instruction  as  to  the  nature  of  alcoholic  drinks  and  narcotics 
and  their  effect  upon  the  human  system. 

Resolved,  That  we  commend  to  the  Presbyteries  and  Synods  in  the  five 
States  yet  without  temperance  education  laws,  viz.,  Indiana,  Tennessee, 
Arkansas,  Georgia  and  South  Carolina,  the  example  of  the  Synod  of 
New  Jersey,  which  last  autumn  instructed  its  Temperance  Committee  to 
petition  the  next  Legislature  of  that  State  for  compulsory  temperance 
education  in  all  public  schools,  which  petition  has  been  granted  in  the 
enactment  of  a  very  satisfactory  statute  requiring  this  study  of  all  pupils 
in  all  schools  in  that  State  under  State  control. — 1894,  p.  154. 

b.  Believing  that  in  seeking  a  legislative  panacea  for  present  ills,  due 
consideration  is  not  given  to  preventive  measures,  it  is  urged  that  the 
children  and  youth  be  instructed  more  diligently  on  this  subject ;  that 
the  Church  give  increased  attention  to  it  by  teaching  and  preaching,  and 
by  effecting  temperance  organizations  within  its  own  congregations,  and 
subject  to  its  own  administration;  that  education  be  emphasized  as,  even 
more  than  legislation,  an  immediate  need  of  the  temperance  cause, 
remembering  always  that  the  Gospel  of  Jesus  Christ  is  the  power  of  God 
unto  salvation  from  this  as  from  all  other  sins.  Presbyteries  and  Synods 
are  urged  to  renewed  and  increased  activity  along  the  lines  of  education 
and  organization. — 1895,  p.  100. 

19.    Men  of  intemperate  habits  and  official  position. 

That  while  not  abating  efforts  to  secure  more  efficient  repressive  legisla- 
tion, there  should  be  increased  endeavor  to  secure  by  election  and  appoint- 
ment to  official  position  men  of  "  clean  hands  and  pure  heart,  who  have 
not  lifted  up  their  soul  unto  vanity  nor  sworn  deceitfully,"  and  to  sustain 
them  in  the  faithful  discharge  of  their  duties.  Cordial  approval  is  given 
to  all  proper  efforts  to  secure  such  legislation  as  will  prevent  the  appoint- 
ment of  any  man  of  known  intemperate  habits  to  official  position  under 
national.  State  or  municipal  authority. — 1895,  p.  100. 


628  BOOK    OF    DISCIPLINE,    SECT.    3. 

20.    Political  parties  and  licenses. 
1.     Action  of  the  Assembly. 

a.  It  is  the  sense  of  this  Committee,  while  it  is  not  the  province  of  the 
Church  to  dictate  to  any  man  how  he  shall  vote,  yet  the  Committee 
declares  that  no  political  pai-ty  has  the  right  to  expect  the  support  of 
Christian  men  so  long  as  that  party  stands  committed  to  the  license 
policy,  or  refuses  to  put  itself  on  record  against  the  saloon, — 1892,  p. 
163. 

b.  Resolved,  That  we  reaffirm  the  deliverance  of  the  Portland  Assem- 
bly that  "  No  political  party  has  the  right  to  expect  the  support  of  Chris- 
tian men  so  long  as  that  party  stands  committed  to  the  license  policy,  or 
refuses  to  put  itself  on  record  against  the  saloon." — 1894,  p.  154. 

2.     Protest    against   Resolution  No.    7. 

Against  this  resolution  (No.  7)  a  protest  was  presented,  signed  by 
forty-six  commissioners,  which  Avas  received  and  admitted  to  record,  as 
follows : 

The  undersigned  respectfully  protest  against  so  much  of  the  action  of 
the  General  Assembly  on  temperance  as  declares,  "  That  no  political 
party  has  the  right  to  expect  the  support  of  Christian  men  so  long  as 
that  party  stands  committed  to  the  license  policy,  or  refuses  to  put  itself 
on  record  against  the  saloon."  We  deem  this  action  an  unwise  interfer- 
ence with  a  political  question,  and  believe  that  it  cannot  fail  to  be 
regarded  by  many  of  our  people  as  hindering  their  free  and  conscientious 
discharge  of  their  duties  as  voters. — 1894,  p.  178. 

3.     Members  urged  to   vote   against  licenses. 

Resolved,  That  in  the  judgment  of  this  Assembly,  the  time  has  come 
when  Christian  men  should  make  their  influence  felt  directly  and  with 
power  at  the  ballot-box ;  and  that  all  voters  connected  with  our  com- 
munion are  urged  to  vote  against  the  granting  of  licenses  for  the  sale  of 
intoxicating  liquors. 

Resolved,  That  we  earnestly  urge  upon  our  people  the  desirability  of 
demanding  the  enforcement  of  the  liquor  laws  throughout  the  land.  — 
1895,  p.  100. 

21.    Temperance  Sabbath. 

[Note.— See  in  this  Digest,  p.  402.] 

22.    Communion  wine. 

[Note. — For  deliverances  as  to  the  Lord's  Supper,  see  Directory  for  Worship, 
Chap,  ix.] 

23.    Permanent  Committee  on  Temperance. 

[Note. — See  in  this  Digest,  pp.  401-403.] 

24.  Relation  of  temperance  and  other  moral  societies  to  the  Church, 
a.  The  Church  of  Jesus  Christ  is  a  spiritual  body,  to  which  have  been 
given  the  ministry,  oracles,  and  ordinances  of  God  for  the  gathering  and 
perfecting  of  the  saints  in  this  life  to  the  end  of  the  world.  It  is  the 
great  instrumentality  of  the  Saviour,  through  which,  by  His  eternal 
Spirit,  He  dispenses  salvation  to  the  objects  of  His  love.  Its  ends  are 
holiness  and  life,  to  the  manifestation  of  the  riches  and  glory  of  divine 
grace,  and  not  simply  morality,  decency  and  good  order,  which  may  to 


NATURE,    ENDS,    AND   SUBJECTS.  620 

some  extent  be  secured  without  faith  in  the  Redeemer  and  the  transform- 
ing efficacy  of  the  Holy  Spirit.  The  laws  of  the  Church  are  the  author- 
itative injunctions  of  Christ,  and  not  the  covenants,  however  benevolent 
in  their  origin  and  aim,  which  men  have  instituted  of  their  own  will; 
and  the  ground  of  obligation  which  the  Church,  as  such,  inculcates,  is 
the  authority  of  God  speaking  in  His  Word,  and  not  pledges  of  honor 
which  create,  measure  and  define  the  peculiar  duties  of  all  voluntary 
associations.  In  this  kingdom  of  God  the  Holy  Scriptures  are  the  only 
rule  of  faith  and  manners,  and  no  Church  judicatory  ought  to  pretend  to 
make  laws  which  shall  bind  the  conscience,  or  to  issue  recommendations 
which  shall  regulate  manners,  without  the  warrant,  explicit  or  implied, 
of  the  revealed  will  of  God.  It  is,  hence,  beside  the  province  of  the 
Church  to  render  its  courts,  which  God  ordained  for  spiritual  purposes, 
subsidiary  to  the  schemes  of  any  association  founded  in  the  human  will 
and  liable  to  all  its  changes  and  caprices.  No  court  of  Christ  can  exact 
of  His  people  to  unite  with  the  temperance,  moral  reform,  colonization, 
or  any  other  society  which  may  seek  their  aid.  Connection  with  such 
institutions  is  a  matter  of  Christian  liberty.  Their  objects  may  be  in 
every  respect  worthy  of  the  countenance  and  support  of  all  good  men, 
but  in  so  far  as  they  are  moral  and  essentially  obligatory,  the  Church 
promotes  them  among  its  own  members — and  to  none  others  does  its 
jurisdiction  extend- — by  the  means  which  God  has  ordained  for  the  edifi- 
cation of  His  children.  Still,  in  the  exercise  of  their  Christian  liberty  as 
good  citizens,  as  patriotic  subjects  of  the  State,  from  motives  of  philan- 
thropy and  from  love  to  God,  Christian  people  may  choose  to  adopt  this 
particular  mode  of  attempting  to  achieve  the  good  at  which  all  moral 
societies  profess  to  aim ;  they  have  a  right  to  do  so,  and  the  Church,  as 
long  as  they  indorse  no  false  principles  and  countenance  no  wrong  prac- 
tices, cannot  interfere  with  them.  Recognizing  these  propositions  as  the 
truths  of  the  Word  of  God,  this  General  Assembly,  as  a  court  of  Jesus 
Christ,  cannot  league  itself  with  any  voluntary  society,  cannot  exact  of 
those  who  are  subject  to  its  discipline  to  do  so,  but  must  leave  the  whole 
matter  where  the  Scriptures  leave  it — to  the  prudence,  philanthropy  and 
good  sense  of  God's  children,  each  man  having  a  right  to  do  as  to  him 
shall  seem  good. 

These  societies  must  appeal  not  to  Church  courts,  but  to  Church  mem- 
bers. When  they  proclaim  principles  that  are  Scriptural  and  sound,  it  is 
not  denied  that  the  Church  has  a  right,  and  under  certain  circumstances 
may  be  bound,  to  bear  testimony  in  their  favor ;  and  when,  on  the  other 
hand,  they  inculcate  doctrines  which  are  infidel,  heretical,  and  dangerous, 
the  Church  has  a  right  to  condemn  them.  In  conformity  with  these 
statements,  the  General  Assembly  has  no  hesitation  in  cordially  approving 
of  abstinence  from  intoxicating  drinks  as  a  matter  of  Christian  expedi- 
ency, according  to  the  words  of  the  apostle  in  Romans  xiv.  21,  "  It  is 
good  neither  to  eat  flesh,  nor  to  drink  wine,  nor  anything  whereby  thy 
brother  stumbleth,  or  is  offended,  oris  made  weak,"  and  in  expressing 
its  affectionate  interest  in  the  cause  of  temperance ;  and  would  recommend 
to  its  ministers  and  elders  Avho  have  become  connected  with  temperance 
societies  to  use  every  effort  to  prevent  the  introduction  of  any  other  prin- 
ciple as  the  ground  of  their  pledge,  and  to  throw  around  these  institutions 
those  safeguards  which  shall  be  the  means  of  rescuing  them  from  the 
excesses  to  which  they  are  liable  from  influences  opposed  to  or  aside  from 
the  Gospel  of  Christ.— 1848,  p.  58,  O.  S. 


630  BOOK    OF    DISCIPLINE,    SECT.    3-4. 

No.  3.  A  memorial  from  the  National  Temperance  Society,  asking  the 
Assembly  to  send  delegates  to  a  national  temperance  convention.  The 
Committee  recommend  as  an  answer,  that  while  this  Assembly  approves 
all  proper  efforts  made  to  suppress  intemperance,  it  declines  to  send  dele- 
gates, in  its  name,  to  the  proposed  convention.     Adopted. — 1873,  p.  504, 

b.  In  answer  to  an  overture  praying  the  Assembly  to  give  the  temper- 
ance cause  a  proper  prominence  among  the  means  of  reform  sustained 
by  the  Church,  and  especially  suggesting  that  if  it  would  arrange  or 
recommend  that  some  proper  temperance  movement  should  sustain  the 
same  relation  to  the  churches  as  the  tract,  the  Bible,  and  the  missionary 
causes  do,  both  morally  and  financially,  it  would  be  of  immense  advan- 
tage to  the  cause,  replied  as  follows: 

In  compliance  with  the  request  of  the  jietitioners,  the  Assembly  are 
willing  to  assign  to  the  cause  of  temperance  a  relation  to  our  Church  not 
dissimilar  to  that  wliich  has  been  given  to  the  benevolent  objects  with 
which  it  is  compared.  But  with  none  of  these  do  we  maintain  any  other 
connection  than  that  which  their  own  moral  power  secures  upon  the  free 
affection  and  esteem  of  our  members.  Very  cheerfully  and  earnestly 
would  this  Assembly  commend  the  cause  of  temperance  to  all  the  minis- 
ters and  members  of  our  Church,  and  urge  them  heartily  to  cooperate 
with  every  judicious  effort  in  a  Christian  spirit  to  promote  it;  that  pastors 
frequently  preach  upon  the  subject,  and  especially  that  no  countenance 
be  given  to  those  social  usages  by  which  gi'eat  temptations  to  intemper- 
ance are  thrown  before  their  fellow- men. — 1860,  p.  262,  N.  S. 

25.   The  Assembly  receives  and  appoints  delegates  only  in  the  case 
of  ecclesiastical  bodies. 

[Note. — See  answer  to  request  for  the  appointment  of  delegates  to  National  Tem- 
perance Convention,  Form  of  Government,  Chap,  xii,  this  Digest,  p.  325.] 

26.    Purity  in  literature  and  art. 

Papers  Nos.  69  and  70,  both  being  from  certain  friends  of  purity  in 
literature  and  art.  The  following  declaration  is  recommended:  That  the 
General  Assembly  has  learned  with  profound  satisfaction  that  the 
National  Editorial  Association  and  the  National  Republican  Associa- 
tion, as  well  as  other  State  Press  Associations,  have  expressed  their  sym- 
pathy with  the  women's  movement  for  the  promotion  of  purity  in  litera- 
ture and  art,  as  tending  to  maintain  a  Christian  standard  of  morality  in 
society;  and  that  they  have  jjledged  their  Associations  to  make  the  press 
(me  of  the  best  friends  of  humanity,  by  refusing  space  to  all  impure 
advertisements,  and  by  excluding  from  their  publications  all  that  alloys 
the  truth  and  hardens  the  conscience. 

The  General  Assembly  desires  the  religious  papers  enjoying  Presbyte- 
rian patronage  to  give  wide  circulation  to  this  pledge  of  the  secular  press, 
and  advises  all  Christian  families  and  readers  to  give  the  favor  of  their 
patronage  to  those  papers  and  periodicals  which  honor  this  pledge  by 
excluding  all  questionable  advertisements  and  immodest  serials,  and  which 
refrain  from  Sabbath  editions.     Adopted.  — 1897,  p.  84. 

27.    Cruelty  to  animals. 

The  consideration  of  the  paper  on  cruelty  to  animals  presented  on  the 
second  day  of  the  sessions,  was  resumed,  and  the  paper  adopted,  as 
follows: 

Whereas,  It  has  pleased  God,    in  His  holy  providence,    to  raise  up 


NATURE,    ENDS,    AND   SUBJECTS.  631 

helpers,  in  these  latter  years,  to  protect  the  inferior  creation,  the  com- 
panions and  helpers  of  man,  from  that  formerly  unrestricted  tyranny  and 
cruelty  to  which  they  were  exposed,  so  that  now,  in  a  majority  of  the 
States  and  Territories  of  this  country,  laws  in  their  behalf  have  been 
passed,  and  societies  authorized,  to  prevent  all  acts  of  barbarism  and 
cruelty  against  the  poor  dumb  creatures  whom  God  has  committed  to  our 
charge;  and 

Whereas,  The  courts  of  our  country  have  for  the  most  part  sustained 
these  laws,  by  fines  and  imprisonments,  whenever  and  wherever  offences 
have  been  committed  and  the  facts  proved,  so  that  now  great  reforms  are 
manifest  where  these  societies  have  existed  for  any  length  of  time ;  and 

Whereas,  The  apostle  Paul,  in  urging  the  proper  support  of  the  minis- 
try upon  the  Church,  and  "  That  they  which  preach  the  Gospel  should 
live  of  the  Gospel,"  quotes  the  ancient  command  to  the  Hebrews, 
"  Thou  shalt  not  muzzle  the  mouth  of  the  ox  that  treadeth  out  the 
corn ;' '   and 

Whereas,  All  acts  of  cruelty  to  the  inferior  creation  tend  to  produce 
cruelty  in  families,  and  a  return  to  barbarism  in  society,  and  are  utterly 
abhorrent  to  the  spirit  of  the  Gospel ; — this  General  Assembly  do  earn- 
estly recommend  their  ministers  and  members  every  where  to  aid  in  this 
good  work,  to  sustain  and  defend  these  societies  engaged  in  this  noble 
reform,  and  that  they  offer  constant  prayers  to  the  Holy  Dove,  the 
Spirit  of  God,  for  His  tender  influence,  to  inspire  the  hearts  of  men 
with  mercy,  and  to  the  Lamb  of  God,  the  Head  of  the  Church,  to 
hasten  the  day  when  His  own  gentle  and  loving  nature  shall  be  given  to 
all  men,  and  "  The  wolf  also  shall  dwell  with  the  lamb,"  "  and  a  little 
child  shall  lead  them."— 1875,  p.  510. 

IV.  Nothing  shall,  therefore,  be  the  object  of  judicial  process,  Avhich 
cannot  be  proved  to  be  contrary  to  the  Holy  Scriptures,  or  to  the  regu- 
lations and  practice  of  the  Church  founded  thereon ;  nor  anything  which 
does  not  involve  those  evils  which  discipline  is  intended  to  prevent. 

1.    New  terms  of  communion  cannot  be  sanctioned. 

On  the  question  whether  the  manufacturer,  vender  or  retailer  of  intox- 
icating drinks  should  be  continued  in  the  full  communion  of  the  Church, 
the  Committee  recommend  the  following  resolution,  viz. :  ' '  That  whilst 
the  Assembly  rejoice  in  the  success  of  the  temperance  reformation,  and 
will  use  all  lawful  means  to  promote  it,  they  cannot  sanction  the  adoption 
of  any  new  terms  of  communion."     Adopted. — 1842,  p.  16,  O.  S. 

2.    Each  case  must  be  judged  of  by  its  own  circumstances. 

Resolved,  That  the  records  of  the  Synod  of  Pittsburgh  be  approved 
except  so  far  as  they  seem  to  establish  a  general  rule  in  regard  to  the  use 
and -sale  of  ardent  spirits  as  a  beverage,  which  use  and  sale  are  generally 
to  be  decidedly  disapproved;  but  each  case  must  be  decided  in  view  of 
all  the  attendant  circumstances  that  go  to  modify  and  give  character  to 
the  same.— 1843,  p.  189,  O.  S. 

[Note.— See  Chap,  i,  Sec.  iii,  p.  608,  under  "  Promiscuous  Dancing  "  {Minutes,  1895, 
p.  106),  as  to  creating  new  and  unscriptural  conditions  of  church  membership.] 


632  BOOK    OF    DISCIPLINE,    SECT.    4. 

3.    Sins  forbidden  in  the  Ten  Commandments.    Larger  Catechism. 

[Note. — The  answers  to  the  questions  from  the  Larger  Catechism  hereinafter  given 
are  inserted  because  they  are  a  part  of  the  constitutional  enumeration  of  offences. 
See  p.  606.] 

Q.  105.  What  are  the  sins  forbidden  in  the  first  commandment  f 
A.  The  sins  forbidden  in  the  first  commandment  are  atheism,  in  deny- 
ing, or  not  having  a  God;  idolatry,  in  having  or  worshiping  more  gods 
tlian  one,  or  any  with,  or  instead  of  the  true  God ;  the  not  having  and 
vouching  him  for  God,  and  our  God;  the  omission  or  neglect  of  anything 
due  to  him,  required  in  this  commandment;  ignorance,  forgetfulness, 
misapprehensions,  false  opinions,  unworthy  and  wicked  thoughts  of  him ; 
bold  and  curious  searchings  into  his  secrets ;  all  profaneness,  hatred  of 
God,  self-love,  self-seeking,  and  all  other  inordinate  and  immoderate 
setting  of  our  mind,  will  or  affections  upon  other  things,  and  taking 
them  off  from  him  in  whole  or  in  part;  vain  credulity;  unbelief;  heresy; 
misbelief;  distrust;  despair;  incorrigibleness,  and  inseusibleness  under 
judgments;  hardness  of  heart;  pride;  presumption;  carnal  security; 
tempting  of  God;  using  unlawful  means,  and  trusting  in  lawful  means; 
carnal  delights  and  joys;  corrupt,  blind,  and  indiscreet  zeal;  lukewarm- 
ness,  and  deadness  in  the  things  of  God;  estranging  ourselves,  and 
apostatizing  from  God;  praying,  or  giving  any  religious  worship,  to 
saints,  angels,  or  any  other  creatures;  all  compacts  and  consulting  with 
the  devil,  and  hearkening  to  his  suggestions;  making  men  the  lords  of 
our  faith  and  conscience ;  slighting  and  despising  God  and  his  commands, 
resisting  and  grieving  of  his  Spirit,  discontent  and  impatience  at  his 
dispensations,  charging  him  foolishly  for  the  evils  he  inflicts  on  us;  and 
ascribing  the  praise  of  any  good  we  either  are,  have,  or  can  do,  to 
fortune,  idols,  ourselves,  or  any  other  creature. 

Q,.  109.  What  are  the  sins  forbidden  in  the  second  commandment  f 
A.  The  sins  forbidden  in  the  second  commandment  are,  all  devising, 
counseling,  commanding,  using,  and  any  wise  approving  any  religious 
worshij)  not  instituted  by  God  himself;  the  making  any  representation 
of  God,  of  all,  or  of  any  of  the  three  Persons,  either  inwardly  in  our 
mind,  or  outwardly  in  any  kind  of  image  or  likeness  of  any  creature 
whatsoever:  all  worshiping  of  it,  or  God  in  it  or  by  it;  the  making  of 
any  representation  of  feigned  deities,  and  all  worship  of  them,  or  service 
belonging  to  them ;  all  superstitious  devices,  corrupting  the  worship  of 
God,  adding  to  it,  or  taking  from  it,  whether  invented  and  taken  up  of 
ourselves,  or  received  by  tradition  from  others,  though  under  the  title  of 
antiquity,  custom,  devotion,  good  intent,  or  any  other  pretence  whatso- 
ever ;  simony ;  sacrilege ;  all  neglect,  contempt,  hindering,  and  opposing 
the  worship  and  ordinances  w'hich  God  hath  appointed. 

Q.  113.  Wlutt  are  the  sins  forbidden  in  the  third  commandments 
A.  The  sins  forbidden  in  the  third  commandment  are,  the  not  using 
of  God' s  name  as  is  required ;  and  the  abuse  of  it  in  an  ignorant,  vain, 
irreverent,  profane,  superstitious,  or  wicked,  mentioning  or  otherwise 
using  his  titles,  attributes,  ordinances,  or  works,  by  blasphemy,  perjury; 
all  .sinful  cui\sing,  oaths,  vows,  and  lots ;  violating  of  our  oaths  and 
vows,  if  lawful ;  and  fulfilling  them,  if  of  things  uidawful ;  murmuring 
and  quarreling  at,  curious  prying  into,  and  misapplying  of  God's  decrees 
and  providences;  misinterpreting,  misapplying,  or  any  Avay  perverting 
the  Word,  or  any  part  of  it,  to  profane  jests,  curious  and  unprofitable 
questions,  vain  jauglings,  or  the  maiutaiuiug  of  false  doctrines;  abusing 


NATURE,    ENDS,    AND   SUBJECTS.  633 

it,  the  creatures,  or  any  thing  contained  under  the  name  of  God,  to 
charms,  or  sinful  lust  and  practices;  the  maligning,  scorning,  reviling, 
or  any  wise  opposing  of  God's  truth,  grace  and  ways;  making  profes- 
sion of  religion  in  hypocrisy,  or  for  sinister  ends ;  being  ashamed  of  it, 
or  a  shame  to  it,  by  uncomfortable,  unwise,  unfruitful  and  offensive 
walking,  or  backsliding  from  it. 

Q.   119.      What  are  the  sins  forbidden  in  the  fourth  commandments 

A.  The  sins  forbidden  in  the  fourth  commandment  are,  all  omissions 
of  the  duties  required,  all  careless,  negligent,  and  unprofitable  perform- 
ing of  them,  and  being  weary  of  them ;  all  profaning  the  day  by  idleness, 
and  doing  that  which  is  in  itself  sinful ;  and  by  all  needless  works, 
words,  and  thoughts,  about  our  worldly  employments  and  recreations. 

Q.    128.      What  are  the  sins  of  inferiors  against  their  superiors  S 

A.  The  sins  of  inferiors  against  their  superiors  are,  all  neglect  of  the 
duties  required  toward  them ;  envying  at,  contempt  of,  and  rebellion 
against  their  persons  and  places,  in  their  lawful  counsels,  commands 
and  corrections;  cursing,  mocking,  and  all  such  refractory  and  scan- 
dalous carriage,  as  proves  a  shame  and  dishonor  to  them  and  their 
government. 

Q,.   130.      What  are  the  sins  of  superiors  ? 

A.  The  sins  of  superiors  are,  besides  the  neglect  of  the  duties  required 
of  them,  an  inordinate  seeking  of  themselves,  their  own  glory,  ease,  profit, 
or  pleasure ;  commanding  things  unlawful,  or  not  in  the  power  of  inferi- 
ors to  perform ;  counseling,  encouraging,  or  favoring  them  in  that  which 
is  evil;  dissuading,  discouraging,  or  discountenancing  them  in  that 
which  is  good;  correcting  them  unduly;  careless  exposing,  or  leaving 
them  to  wrong,  temptation,  and  danger;  provoking  them  to  wrath;  or 
any  way  dishonoring  themselves,  or  lessening  their  authority,  by  an 
unjust,  indiscreet,  rigorous,  or  remiss  behavior. 

Q.    132.      What  are  the  sins  of  equals  f 

A.  The  sins  of  equals  are,  besides  the  neglect  of  the  duties  required, 
the  undervaluing  of  the  worth,  envying  the  gifts,  grieving  at  the 
advancement  or  prosperity  one  of  another ;  and  usurping  preeminence 
one  over  another. 

Q.   136.       What  are  the  sins  forbidden  in  the  sixth  commandment  ? 

A.  The  sins  forbidden  in  the  sixth  commandment  are,  all  taking  away 
the  life  of  ourselves,  or  of  others,  except  in  case  of  public  justice, 
lawful  war,  or  necessary  defence;  the  neglecting  or  withdrawing  the 
lawful  or  necessary  means  of  preservation  of  life;  sinful  anger,  hatred, 
envy,  desire  of  revenge;  all  excessive  passions,  distracting  cares; 
immoderate  use  of  meat,  drink,  labor,  and  recreations;  provoking 
words;  oppression,  quarreling,  striking,  wounding,  and  whatsoever  else 
tends  to  the  destruction  of  the  life  of  any. 

Q,.    139.      What  are  the  sins  forbidden  in  the  seventh  commandment? 

A.  The  sins  forbidden  in  the  seventh  commandment,  besides  the 
neglect  of  the  duties  required,  are  adultery,  fornication,  rape,  incest, 
sodomy,  and  all  unnatural  lusts;  all  unclean  imaginations,  thoughts, 
purposes,  and  aflections ;  all  corrupt  or  filthy  communications,  or  listen- 
ing thereuuto ;  wanton  looks ;  impudent  or  light  behavior ;  immodest 
apparel;  prohibiting  of  lawful,  and  dispensing  with  unlawful  marriages; 
allowing,  tolerating,  keeping  of  stews,  and  resorting  to  them ;  entangling 
vows  of  single  life ;  undue  delay  of  marriage ;  having  more  wives  or 
husbands  than  one  at  the  same  time;  unjust  divorce  or  desertion;  idle- 


634  BOOK    OF    DISCIPLINE,    SECT.    4-8. 

ness ;  gluttony ;  drunkenness ;  unchaste  company ;  lascivious  songs, 
books,  pictures,  dancings,  stage-plays;  and  all  other  provocations  to,  or 
acts  of  uncleanuess  either  in  ourselves  or  others. 

Q,.    142.      What  are  the  sins  forbidden  in  the  eighth  commandment  ? 

A.  The  sins  forbidden  in  the  eighth  commandment,  beside  the  neglect 
of  the  duties  requii'ed,  are,  theft,  robbeiy,  man-stealing,  and  receiving 
any  thing  that  is  stolen ;  fraudulent  dealing ;  false  weights  and  measures ; 
removing  landmarks;  injustice  and  unfaithfulness  in  contracts  between 
man  and  man,  or  in  matters  of  trust;  oppression;  extortion;  usury; 
bribery;  vexatious  law -suits;  unjust  enclosures  and  depredation;  engross- 
ing commodities  to  enhance  the  price,  unlawful  callings,  and  all  other 
unjust  or  sinful  ways  of  taking  or  withholding  from  our  neighbor  what 
belongs  to  him,  or  of  enriching  ourselves;  covetousness ;  inordinate 
prizing  and  affecting  worldly  goods;  distrustful  and  distracting  cares  and 
studies  in  getting,  keeping,  and  using  them;  envying  at  the  prosperity 
of  others:  as  likewise  idleness,  prodigality,  wasteful  gaming,  and 
all  other  ways  whereby  we  do  unduly  prejudice  our  own  outward  estate: 
and  defrauding  ourselves  of  the  due  use  and  comfort  of  that  estate 
which  God  hath  given  us. 

Q.    145.      What  are  the  sins  forbidden  in  the  ninth  commandment  ? 

A.  The  sins  forbidden  in  the  ninth  commandment  are,  all  prejudicing 
of  the  truth,  and  the  good  name  of  our  neighbors  as  well  as  our  own, 
especially  in  public  judicature ;  giving  false  evidence ;  suborning  false 
witnesses ;  wittingly  appearing  and  pleading  for  an  evil  cause ;  outfacing 
and  overbearing  the  truth;  passing  unjust  sentence;  calling  evil  good, 
and  good  evil ;  rewarding  the  wicked  according  to  the  work  of  the  righte- 
ous, and  the  righteous  according  to  the  work  of  the  wicked ;  forgery ; 
concealing  the  truth ;  undue  silence  in  a  just  cause,  and  holding  our 
peace  when  iniquity  calleth  for  either  a  reproof  from  ourselves,  or  com- 
plaint to  others ;  speaking  the  truth  unseasonably,  or  maliciously  to  a 
wrong  end,  or  perverting  it  to  a  wrong  meaning,  or  in  doubtful  and 
equivocal  expression,  to  the  prejudice  of  truth  or  justice ;  speaking 
untruth;  lying;  slandering;  backbiting;  detracting;  tale-bearing;  whis- 
pering; scoffing;  reviling;  rash,  harsh,  and  partial  censuring;  miscou- 
structing  intentions,  words,  and  actions;  flattering;  vain-glorious  boast- 
ing; thinking  or  speaking  too  highly  or  too  meanly  of  ourselves  or  others; 
denying  the  gifts  and  graces  of  God;  aggravating  smaller  faults;  hiding, 
excusing,  or  extenuating  of  sins,  when  called  to  a  free  confession;  unnec- 
essarily discovering  of  infirmities;  raising  false  rumors;  receiving  and 
countenancing  evil  reports,  and  stopping  our  ears  against  just  defence; 
evil  suspicion ;  envying  or  grieving  at  the  deserved  credit  of  any, 
endeavoring  or  desiring  to  impair  it,  rejoicing  in  their  disgrace  and 
infamy;  scornful  contempt ;  fond  admiration;  breach  of  lawful  promises; 
neglecting  such  things  as  are  of  good  report ;  and  practicing  or  not  avoid- 
ing ourselves,  or  not  hindering  what  we  can  in  others,  such  things  as 
procure  an  ill  name. 

Q.    148.      What  are  the  sins  forbidden  in  the  tenth  commandment  f 

A.  The  sins  forbidden  in  the  tenth  commandment  are,  discontentment 
with  our  own  estate;  envying,  and  grieving  at  the  good  of  our  neighbor, 
together  with  all  inordinate  motions  and  affections  to  any  thing  that  is  his. 

V.  All  children  born  within  the  pale  of  the  visible  Church  are  mem- 
bers of  the  Church,  are  to  be  baptized,  are  under  the  care  of  the  Church, 


OF    THE    PARTIES    IN    CASES    OF    PROCESS.  635 

and  subject  to  its  governmeut  aud  discipline;  and  when  they  have  arrived 
at  years  of  discretion,  they  are  bound  to  perform  all  the  duties  of  church 
members. 

[Note.— See  in  full  under  Directory  for  Worship,  Chap,  viii,  Sec.  i-iii,  and  Chap,  x, 
Sec.  i,  p.  845.      In  1884,  Sec.  5  was  adopted  as  follows : 

5.  All  baptized  persons  are  members  of  the  Church,  are  under  its  care,  and  subject 
to  its  government  and  discipline.  When  baptized  children  arrive  at  the  years  of 
discretion,  they  are  bound  to  perform  all  the  duties  of  church  members.— 1884,  p.  27. 
In  1885,  Sec.  v  was  adopted  as  above.— 1885,  p.  601.] 


CHAPTER  II. 
OF  THE  PARTIES  IN  CASES  OF  PROCESS. 

VI.  Process  against  an  alleged  offender  shall  not  be  commenced  unless 
some  person  undertakes  to  sustain  the  charge;  or  unless  a  judicatory  finds 
it  necessary  for  the  ends  of  discipline  to  investigate  the  alleged  offence. 

VII.  An  offence,  gross  in  itself,  may  have  been  committed  in  such 
circumstances,  that  plainly  the  offender  cannot  be  prosecuted  to  convic- 
tion. In  all  such  cases,  it  is  better  to  wait  until  God,  in  his  righteous 
providence,  shall  give  further  light,  than,  by  unavailing  prosecution,  to 
weaken  the  force  of  discipline. 

VIII.  No  prosecution  shall  be  allowed  in  a  case  of  alleged  personal 
injury,  where  the  injured  party  is  the  prosecutor,  unless  those  means  of 
reconciliation  have  been  tried,  which  are  required  by  our  Lord,  Matthew 
xviii,  15-17:  "  If  thy  brother  shall  trespass  against  thee,  go  and  tell 
him  his  fault  between  thee  and  him  alone :  if  he  shall  hear  thee,  thou 
hast  gained  thy  brother.  But  if  he  will  not  hear  thee,  then  take  with 
thee  one  or  two  more,  that  in  the  mouth  of  two  or  three  witnesses  every 
word  may  be  established.  And  if  he  shall  neglect  to  hear  them,  tell  it 
unto  the  Church." 

1.    No  testimony  may  be   introduced  injurious  to  parties 
not  on  trial. 

a.  An  overture  on  a  case  of  discipline  was  taken  up,  and  is  as  follows: 
Suppose  a  member  of  the  Church  is  on  trial,  and  his  accuser  is  "  Com- 
mon Fame. ' '  *     One  specification  against  him  is,  ' '  Speaking  evil  of  his 
brethren  A  and  B,  while  he  neglects  to  take  any  Gospel  steps  to  bring 
them  to  repentance  or  to  trial." 

The  specification  is  abundantly  sustained  by  testimony,  but  the  person 
on  trial  proposes  to  introduce  testimony  to  prove  that  the  reports  which 
he  circulated,  and  the  opinions  which  he  pronounced  derogatory  to  the 
brethren  named,  were  true.  Has  the  accused  a  right  to  introduce  such 
testimony  tending  to  injure  the  character  of  parties  not  on  trial,  nor 
connected  at  all  with  the  prosecution,  and  having  no  opportunity  for 
defence  ? 

*  Common  Fame,  since  the  adoption  of  the  Revised  Book  of  Discipline,  is  no  longer 
a  ground  of  process.  The  principle,  however,  set  forth  in  the  above  deliverance  holds 
in  all  cases  of  prosecution.   See  Book  of  Discipline,  Chap,  ii,  Sec.  vi,  Clause  2,  p.  635.] 


636  BOOK    OF    DISCIPLINE,    SECT.    $-12. 

Would  the  Session  be  authorized  to  reject  such  testimony,  on  the 
ground  that  if  introduced  it  would  not  exculpate  the  accused,  inasmuch 
as  he  had  no  right  to  circulate  evil  reports  against  his  brethren,  whether 
true  or  false,  while  neglecting  to  bring  them  to  trial  ? 

To  this  the  following  answer  was  given : 

The  person  on  trial  under  charges  tabled  on  the  ground  of  "  Common 
Fame  "  has  no  right  to  introduce  testimony  which  inculpates  his  brethren 
who  are  not  on  trial,  and  who  have  no  opportunity  to  defend  them- 
selves, because  it  was  his  previous  duty  to  take  proper  steps,  if  the 
persons  are  guilty  of  the  evils  which  he  had  alleged  against  them,  to 
bring  them  to  repentance  or  free  the  church  from  the  scandal. — 1852, 
p.  177,  N.  S. 

b.  The  Committee  to  which  was  referred  the  petition  of  certain  indi- 
viduals, members  of  the  congregation  in  Tammany  street,  Baltimore, 
reported,  and  their  report,  being  read  and  amended,  was  adopted,  and  is 
as  follows,  viz. : 

That  while  it  is  unquestionably  the  privilege  of  individuals  and  mem- 
bei*s  of  the  Presbyterian  Church,  when  they  think  they  see  the  peace, 
purity  or  prosperity  of  the  Church  in  danger,  either  from  an  individual 
or  from  an  inferior  court,  to  apply  to  the  General  Assembly  in  an  orderly 
manner  for  redress  or  direction,  yet,  in  such  cases,  unless  they  mean  to 
come  forward  as  prosecutors  with  the  necessary  testimony,  they  should  most 
carefully  avoid  mentioning  names  connected  with  charges  of  the  most 
serious  kind,  in  support  of  which  no  evidence  has  been  orderly  adduced ; 
nor  have  the  individuals  thus  accused  had  an  opportunity  of  replying  to 
those  charges,  or  of  making  any  defence  of  themselves.  The  Assembly, 
therefore,  cannot  witness  a  procedure  of  this  kind  without  expressing 
their  disapprobation  of  it. — 1824,  p.  113. 

C.  Resolved,  That  the  Assembly  sustain  the  appeals  of  the  Session  of 
the  Church  of  Bloomington,  and  of  Dr.  Wylie,  against  a  decision  of 
the  Synod  of  Indiana,  and  the  judgment  of  the  Presbytery  and  Session 
is  hereby  confirmed,  on  the  ground  that  Mr.  Harney  circulated  evil 
reports  against  Dr.  Wylie,  without  showing  that  he  did  it  in  the  due 
performance  of  some  indispensable  duty;  but  it  is  the  judgment  of  this 
Assembly  that  Mr.  Harney  shall  still  have  the  privilege,  if  he  desire  it, 
of  commencing  a  prosecution  against  Dr.  Wylie  before  the  Presbyteiy  of 
Vincennes,  and  in  such  case,  said  Presbytery  are  hereby  authorized  and 
directed  to  hear  the  whole  case  and  issue  the  same  in  a  constitutional 
way."— 1834,  p.  443. 

IX.  The  course  prescribed  by  the  preceding  section  shall  not  be 
required  when  the  prosecution  is  initiated  by  a  judicatory ;  but  in  all  such 
cases,  and  in  every  case  of  prosecution  by  a  private  person  other  than 
the  injured  party,  effort  should  be  made,  by  private  conference  with  the 
accused,  to  avoid,  if  possible,  the  necessity  of  actual  process. 

X.  When  the  prosecution  is  initiated  by  a  judicatory,  the  Presby- 
terian Church  in  the  United  States  of  America  shall  be  the 
prosecutor,  and  an  original  party ;  in  all  other  cases,  the  individual  prose- 
cutor shall  be  an  original  party. 

[Note. — See  under  next  Section.] 

XI.  When  the  prosecution  is  initiated  by  a  judicatory,  it  shall  appoint 


OF   THE    PARTIES   IN    CASES    OF    PROCESS.  637 

one  or  more  of  its  o\vii  members  a  committee  to  conduct  the  prosecution 
in  all  its  stages  in  whatever  judicatory,  until  the  final  issue  be  reached: 
provided,  that  any  appellate  judicatory  before  which  the  case  is  pending 
shall,  if  desired  by  the  prosecuting  committee,  appoint  one  or  more  of 
its  own  members  to  assist  in  the  prosecution,  upon  the  nomination  of  the 
prosecuting  committee. 

1.    The  right  of  the  Prosecuting  Committee  to  appeal  and  to  conduct 
the  prosecution  as  representing  an  original  party  maintained. 

a.  The  Judicial  Committee  presented  its  report  in  the  case  of  the 
Presbyterian  Church  in  the  U.  S.  A.  vs.  Rev.  Charles  A.  Briggs,  D.D. , 
which  Avas  accepted,  as  follows: 

The  Judicial  Committee  respectfully  reports  that  it  has  carefully  con- 
sidered the  documents  submitted  to  it  in  this  case,  and  adopted  the 
following  resolutions : 

1.  That,  in  the  opinion  of  this  Committee,  the  appeal  taken  by  the 
Presbyterian  Church  in  the  United  States  of  America,  an  original  party 
represented  by  the  ' '  Committee  of  Prosecution, ' '  appointed  under  Sec- 
tion xi  of  the  Book  of  Discipline,  has  been  taken  from  the  final  judg- 
ment of  the  Presbytery  in  dismissing  the  case ;  and  that  the  said  Com- 
mittee had  the  right  to  take  this  appeal  representing  the  said  original 
party.— 1892,  p.  90. 

[Note. — For  protest  against  this  action  of  the  Assembly,  see  Minutes,  1892,  p.  205.] 

b.  In  the  case  of  the  Presbyterian  Church  in  the  United  States  of 
America  against  the  Rev.  Charles  A.  Briggs,  D. D. ,  being  an  appeal  to 
the  General  Assembly  from  a  decision  and  final  judgment  of  the  Presby- 
tery of  New  York,  rendered  January  9,  1893,  the  Judicial  Committee 
beg  leave  respectfully  to  report  that  they  have  examined  the  papers 
pertaining  to  this  case,  and  find: 

1 .  That  the  appellant  in  this  case  is  the  Presbyterian  Church  in  the 
United  States  of  America,  represented  by  its  Prosecuting  Committee, 
appointed  by  the  Presbytery  of  New  York,  and,  as  such  appellant,  has 
a  right  of  appeal  to  this  Assembly  as  an  original  party,  and  said  Prose- 
cuting Committee  is  entitled  to  conduct  the  prosecution,  in  all  its  stages, 
in  whatever  judicatory,  until  the  final  issue  be  reached. — 1893,  p.  104. 

C.  In  the  case  of  the  Presbyterian  Church  in  the  United  States  of 
America  against  Rev.  Henry  Preserved  Smith,  D.D.,  being  the  appeal 
to  the  General  Assembly  from  the  decision,  action  and  judgment  of  the 
Synod  of  Ohio,  rendered  October  13,  1893,  we  have  examined  the 
papers  and  conferred  with  the  parties. 

We  find  that  the  appellant  is  Rev.  Henry  Preserved  Smith,  D.D., 
and  as  such  appellant  he  has  the  right  to  appeal  to  the  General  Assem- 
bly, the  case  being  one  of  that  nature  in  which  the  appeal  may  be  taken 
to  the  highest  court  of  the  Church,  and  we  find  that  the  Committee  to 
conduct  the  prosecution  appointed  by  the  Presbytery  of  Cincinnati,  in 
which  Presbytery  the  case  arose,  has  the  right  to  conduct  the  prosecu- 
tion, and  hence  to  appear  for  the  Presbyterian  Church,  the  appellee  in 
this  court.— 1894,  p.  90. 

XII.  If  one,  who  considers  himself  slandered,  requests  an  investiga- 
tion which  a  judicatory  finds  it   proper  to  institute,  one  or  more  of  its 


638  BOOK    OF    DISCIPLINE,    SECT.    11-14. 

members  shall  be  appointed  to  investigate  the  alleged  slander,  and  make 
report  in  writing:  and  a  record  thereafter  made  may  conclude  the 
matter. 

1.   Such  investigation  is  at  the  discretion  of  the  Presbytery,  subject 
to  review  as  to  misuse  or  abuse. 

A  complaint  of  Rev.  Arthur  Crosby  vs.  the  Synod  of  Long  Island. 
Mr.  Crosby  complains  against  the  action  of  the  Synod  of  Long  Island, 
October  19,  1880,  in  adopting  the  following  resolution,  viz. : 

Whereas,  The  decision  of  the  Presbytery  of  Brooklyn,  referred  to  in 
the  complaint  of  Rev.  Arthur  Crosby  and  others,  relates  to  a  matter 
which  it  belonged  to  the  Presbytery  to  determine;  and. 

Whereas,  This  decision  is  not  for  this  reason  a  legitimate  ground  of 
complaint,  or  a  proper  subject  of  review  by  the  Synod  on  complaint; 
therefore, 

Resolved,  That  the  complaint  be  dismissed. 

Your  Committee  find  the  papers  in  order.  But  recommend  that  the 
complaint  be  dismissed,  for  the  following  reasons,  viz. : 

1.  That,  upon  the  facts  stated  by  the  Presbytery  as  the  basis  of  its 
action,  the  question,  whether  the  investigation  asked  for  should  be  entered 
upon  or  not,  was  one  to  be  determined  in  the  exercise  of  a  sound  discre- 
tion on  the  part  of  the  Presbytery  (Book  of  Discipline,  Old,  Chap,  iii, 
Sec.  vi). 

2.  That  while  the  misuse  or  abuse  of  discretionary  power  is  review- 
able, its  use,  in  this  instance,  seems  to  have  been  in  regard  to  a  subject 
fairly  within  its  range,  and  unobjectionable  in  its  manner.  Adopted.  — 
1881,  p.  586. 

XIII.  Great  caution  ought  to  be  exercised  in  receiving  accusations 
from  any  person  who  is  known  to  indulge  a  malignant  spirit  toward  the 
accused,  or  who  is  not  of  good  character,  or  who  is  himself  under  censure 
or  process,  or  who  is  personally  interested  in  any  respect  in  the  conviction 
of  the  accused,  or  who  is  known  to  be  litigious,  rash,  or  highly  imprudent. 

1.    Admonition  to   prosecutors. 

And  the  Assembly  judge  it  more  necessary  to  admonish  Mr.  Gal- 
braith,  and  all  those  who  have  been  and  now  are  connected  with  him  in 
any  controversy  with  Mr.  Balch,  not  to  cherish  a  spirit  of  litigation, 
malevolence  and  discord  equally  contrary  to  the  general  tenor  of  the 
jGrospel  and  to  the  peace  and  harmony  of  that  branch  of  the  Church  with 
which  they  are  connected;  in  particular  that  they  withdraw,  agreeably 
to  their  engagements  to  the  Synod  of  the  Carolina?,  the  civil  suits  which 
they  have  commenced,  and  comply  with  the  whole  recommendation  of 
the  Synod  on  that  subject.  On  the  whole,  the  Assembly  hope  and  trust 
that  all  the  parties  in  this  concern  will  feel  the  solemn  obligations  which 
lie  upon  them  as  professed  disciples  of  the  meek  and  lowly  Jesus  not  to 
indulge  a  rancorous  spirit,  nor  to  rend  and  divide  His  Church  by  the 
indulgence  of  a  haughty,  uncomplying  and  unforgiving  temper,  but  to 
unite  mutually  and  cordially  in  endeavoring  to  close  the  wounds  which 
they  have  unhappily  opened,  over  which  they  have  so  much  reason  to 
mourn,  and  which  we  exhort  and  conjure  them  not  to  aggravate,  but  by 
every  gentle  and  tender  application  to  endeavor  to  heal. — 1798,  p.  159. 


OF    THE    PARTIES    IN    CASES    OF    PROCESS.  639 

XIV.  Any  person  who  appears  as  a  prosecutor,  without  appoiutment 
by  the  judicatory,  shall  be  warned  before  the  charges  are  presented,  that, 
if  he  fail  to  show  probable  cause  for  the  charges,  he  must  himself  be 
censured,  as  a  slanderer  of  the  brethren,  in  proportion  to  the  malignancy 
or  rashness  which  may  appear  in  the  prosecution. 

1.    Failure  to  show  probable  cause  for  charges  involves  censure 

for  slander. 

a.  An  appeal  by  Mr.  William  L.  McCalla  from  a  decision  of  the 
Synod  of  Kentucky,  in  which  decision  the  Synod  declared,  that  Mr. 
McCalla  had  failed  to  prove  certain  charges  which  he  had  brought 
against  the  Rev.  James  Blythe,  was  resumed. 

Resolved,  That  the  judgment  of  the  Synod  of  Kentucky,  with  respect 
to  the  charges  brought  by  Mr.  William  L.  McCalla  against  the  Rev. 
James  Blythe,  be  and  it  hereby  is  affirmed. — 1816,  p.  596. 

b.  The  complaint  of  J.  W.  Davidson,  W.  C.  Koons  and  J.  McElhinny, 
against  the  Sj-nod  of  Baltimore. 

This  case  originated  in  the  Presbytery  of  Carlisle,  as  the  result  of  the 
trial  of  a  minister,  by  which  the  complainants  were  severely  censured  for 
presenting  a  certain  paper  containing  allegations  against  the  character  of 
the  said  minister,  which  allegations,  though  not  tabled  as  charges,  were 
adjudged  to  be  slanderous. 

The  parties  censured  complained  to  the  Synod  of  Baltimore,  and  the 
complaint  was  "  sustained  in  part,"  by  a  vote  of  17  to  12. 

The  Synod,  in  its  final  minute,  still  inflict  a  modified  censure,  of  which 
the  said  Davidson,  Koons  and  McElhinny  complained  to  the  last  General 
Assembly.  This  last  complaint  was  laid  over  to  this  Assembly,  to  enable 
the  complainants  to  correct  an  informality;  which  they  have  since  done. 

The  Committee  report  the  case  in  order,  and  recommend  that  it  be 
taken  up  according  to  the  directions  of  the  Book  of  Discipline. 

The  Committee  recommend,  that  the  only  part  of  the  record  to  be  read 
in  evidence  be  the  paper  originally  read  to  the  Presbytery  of  Carlisle,  at 
Newville;  and  this  may  be  waived  by  the  parties  agreeing;  that  the  paper 
contains  charges,  which,  if  true,  would  be  scandalous.  This  recommen- 
dation is  based  on  the  following  reasons : 

I.  That  it  is  found  by  the  Synod,  in  their  judgment,  that  the  paper 
presented  by  complainants  was  so  presented  by  them  Avithout  their  being 
prepared  to  table  charges,  or  to  appear  as  prosecutors,  and  that  they 
refused  to  appear  as  accusers  after  having  presented  such  a  paper. 

II.  In  the  complaint  presented  to  us,  these  findings  of  the  Synod  are 
admitted,  in  that  the  complainants  allege  (as  the  ground  of  their  com- 
])laiut  iu  this  regard)  that  the  Synod  decided  that  the  paper  presented  at 
Newville  by  the  complainants,  was  of  such  a  character  that  it  should 
not  have  been  presented,  unless  the  parties  presenting  it  were  prepared  to 
table  charges  upon  it ;  when,  in  fact,  as  they  allege,  it  was  but  an  offer 
to  aid  Presbytery  in  investigating  the  difficulty  in  the  congregation  of 
Big  Spring,  to  which  complainants  belonged,  and  not  as  the  ground  of 
charges.  Thus  it  will  be  seen  that  they  not  only  admit  such  findings  of 
the  Synod,  but  distinctly  allege  another  and  different  reason  in  justifica- 
tion of  such  presentation,  viz.,  that  it  was  but  an  oflfer  to  aid  Presbytery, 
etc. 

III.  If  it  be  claimed,  on  the  second  ground  of  appeal,  that  the  testi- 


640  BOOK    OF    DISCIPLINE,    SECT.     14-17. 

mony  adduced  on  the  original  trial  be  read  before  the  Assembly,  then 
we  say  that  it  should  not  be  read,  for  the  following  reasons: 

1.  The  accused  minister,  after  a  trial  (declared  by  the  Synod  to  be 
fair  and  impartial)  was  acquitted  by  the  Presbytery,  and  no  appeal  was 
taken  from  such  judgment  of  acquittal;  so  that  the  same  thereby  long 
since  became  final  and  absolute,  and  this  Assembly  has  no  power  to 
reverse  this  judgment  of  the  Presbytery,  for  the  pui-pose  of  relieving 
these  complainants  from  the  censure  of  the  Synod;  to  do  so  would  be 
to  pronounce  two  conflicting  and  contrary  judgments  upon  the  same 
evidence. 

2.  Because  it  has  been  already  adjudicated,  in  the  case  of  William  S. 
McDowell  (Assembly's  Digest,  Baird,  rev.  ed.,  p.  159),  that  "  no 
discussion  ought  to  be  allowed  (involving  the  character  of  an  absent 
person)  in  his  absence,"  much  more  should  this  rule  be  applied  to  the 
exclusion  of  the  remaining  record,  in  this  case,  from  its  peculiar  charac- 
ter, and  all  the  circumstances  attending  it. 

Resolved,  That  the  judgment  of  the  Synod  of  Baltimore  be  sustained 
pro  forma,  and  the  paper  of  E.  Thompson  Baird  be  admitted  to  record. 
—1860,  pp.  31,  35,  O.  S. 

2.    The  character  of  one  absent  and  not  on  trial— not  to  be 
impeached. 
Resolved,  That  no  discussion  ought  to  be  allowed  which  may  involve 
the  character  of  Mr.  McDowell  in  his  absence. — 1823,  p.  74. 

3.  Censure  for  slander  may  not  be  inflicted  upon  a  private  prosecutor 
unless  the  case  be  fully  issued. 

In  the  complaint  of  John  Mack  et  al.  against  a  decision  of  the  Synod 
of  Illinois,  the  Assembly,  inter  alia,  declare:  The  action  of  the  Presby- 
tery upon  a  certain  resolution  was  extra-judicial. 

Our  Book  of  Discipline  (Old),  Chap,  v.  Sec.  vii,  pronounces  a  man  a 
slanderer  who,  on  trial,  fails  to  make  good  his  charges. 

S.  L.  Hobson  was  censured  as  a  slanderer  without  the  court  reaching 
by  trial  the  point  contemplated  by  our  Book. — 1867,  p.  355,  O.  S. 

[Note. — The  revised  Book  of  Discipline  directs  censure  for  slander  only  Avhen  the 
prosecutor  fails  to  show  probable  cause,  as  in  Sec.  xiv,  above,  p.  639.] 


CHAPTER  III. 
OF  CHARGES  AND  SPECIFICATIONS. 

XV.  The  charge  shall  set  forth  the  alleged  ofience ;  and  the  specifica- 
tions shall  set  forth  the  facts  relied  upon  to  sustain  the  charge.  Each 
specification  shall  declare,  as  far  as  possible,  the  time,  place,  and  circum- 
stances, and  shall  be  accompanied  with  the  names  of  the  witnesses  to  be 
cited  for  its  support. 

1.    The  charge  must   be  specific. 

Mr.  Ewing  complains  against  the  Commission  that  they  received 
charges  against  him  which  were  vague  and  indeterminate.     The  Synod 


OF   CHARGES    AND   SPECIFICATIONS.  ^       641 

agrees  that  these  charges  were  rather  deficient  in  point  of  specialty,  but 
are  of  opinion  that  the  Commission  acted  with  prudence  and  integrity  in 
receiving  said  charges,  inasmuch  as  they  endeavored  to  reduce  them  to  a 
specialty,  and  as  Mr.  Ewing  submitted  so  far  as  to  plead  to  them,  and  as 
the  particular  circumstances  of  the  First  and  Third  Presbyterian  congre- 
gations in  Philadelphia  were  viewed  by  them  as  so  critical  as  in  their 
judgment  required  an  immediate  discussion  of  the  affair. 

Yet  the  Synod  orders  that  all  their  judicatures  shall  for  the  future  be 
particularly  careful  not  to  receive  or  judge  of  any  charges  but  such  as 
shall  be  seasonably  reduced  to  a  specialty  in  the  complaint  laid  before 
them.— 1770,  p.  406. 

2.    All  charges  in  cases  of  heresy,  should  be  as  definite  as  possible. 

a.  There  was  a  great  deficiency  in  the  charges  preferred  against  Mr. 
Craighead  as  it  relates  to  precision.  All  charges  for  heresy  should  be  as 
definite  as  possible.  The  article  or  articles  of  faith  impugned  should  be 
specified,  and  the  words  supposed  to  be  heretical  shown  to  be  in  repug- 
nance to  these  articles,  whether  the  reference  is  made  directly  to  the 
Scripture  as  a  standard  of  orthodoxy,  or  to  the  Confession  of  Faith, 
which  our  Church  holds  to  be  a  summary  of  the  doctrines  of  Scripture. 
But  in  none  of  the  charges  against  Mr.  Craighead  is  this  done,  and  in 
two  of  them  (third  and  fourth)  it  would  be  very  difficult  to  say  what 
articles  of  faith  are  supposed  to  be  contravened  in  the  errors  charged  on 
Mr.  CVaighead.  And  the  last  two  charges  appear  to  be  so  vague  and 
indefinite  as  to  be  incapable  of  proof.  In  the  fifth  Mr.  Craighead  is 
charged  with  perverting,  etc. ,  the  sentiments  of  the  preachers  and  writers 
in  our  connection.  Now,  in  our  connection  there  are  a  multitude  of 
preachers  and  writers  differing  by  many  shades  of  opinion  from  each 
other.  How,  then,  can  this  be  a  just  ground  of  accusation  ?  In  the 
sixth  he  is  charged  with  the  false  coloring  of  facts,  etc.  But  no  facts 
are  established  by  evidence,  none  are  specified  in  the  charge ;  and  to 
make  it  a  just  ground  of  accusation,  it  ought  to  have  been  a  designed 
and  malicious  discoloring  of  the  facts,  etc. — 1824,  p.  121. 

b.  The  Assembly  would  further  advise  that  all  the  charges  against 
Mr.  Spillman  which  may  be  wanting  in  definiteness  be  made,  if  practi- 
cable, more  specific,  so  that  they  may  be  conformable  to  the  directions 
of  the  Book  of  Discipline.— 1860,  p.  46,  O.  S. 

[Note. — See  for  formal  charges,  in  this  Digest,  p.  47,  and  p.  58.] 

XVI.  A  charge  shall  not  allege  more  than  one  oflTence ;  several  charges 
against  the  same  person,  however,  with  the  specifications  under  each  of 
them,  may  be  presented  to  the  judicatory  at  one  and  the  same  time,  and 
may,  in  the  discretion  of  the  judicatory,  be  tried  together.  But,  when 
several  charges  are  tried  at  the  same  time,  a  vote  on  each  charge  must  be 
separately  taken. 

[Note. — See  Book  of  Disciphne,  Chap,  iv,  Sec.  xxiii,  p.  651.] 

XVII.  In  all  cases  of  alleged  personal  injury,  where  the  prosecution  is 
by  the  injured  person  or  persons,  the  charge  must  be  accompanied  by  an 
averment,  that  the  course  prescribed  by  our  Lord,  Matt,  xviii.  15-17, 
has  been  faithfully  tried. 

41 


642      _^  BOOK   OF    DISCIPLINE,   SECT.    18-21. 

CHAPTER  IV. 

OF  PROCESS:     GENERAL  RULES  PERTAINING 
TO  ALL  CASES. 

XVIII.  Original  jurisdiction,  in  relation  to  Ministers,  pertains  to  the 
Presbytery ;  in  relation  to  others,  to  the  Session.  But  the  higher  judica- 
tories may  institute  process  in  cases  in  which  the  lower  have  been  directed 
so  to  do,  and  have  refused  or  neglected  to  obey. 

[Note. — As  adopted  in  1884,  after  the  word  "ministers"  were  the  words  "and 
acting  ruling  elders,"  which  were  stricken  out. — 1885,  p.  601.] 

XIX.  When  a  judicatory  enters  on  the  consideration  of  an  alleged 
oifence,  the  charge  and  specifications,  which  shall  be  in  writing,  shall  be 
read;  and  nothing  more  shall  be  done  at  that  meeting,  unless  by  consent 
of  parties,  than  to  furnish  the  accused  with  a  copy  of  the  charge  and 
specifications,  together  with  the  names  of  all  the  witnesses  then  known 
to  support  each  specification;  and  to  cite  all  concerned  to  appear  at  a 
subsequent  meeting  of  the  judicatory,  to  be  held  not  less  than  ten  days 
after  the  service  of  the  citations.  The  citations  shall  be  signed,  in  the 
name  of  the  judicatory,  by  the  moderator,  or  clerk ;  who  shall,  also, 
furnish  citations  for  such  witnesses  as  either  party  shall  name.  The 
accused  shall  not  be  required  to  disclose  the  names  of  his  witnesses. 

1.    Censure  without  trial  is  unconstitutional. 

a.  Resolved,  As  the  sense  of  this  house,  that  no  man  or  body  of  men, 
agreeably  to  the  Constitution  of  this  Church,  ought  to  be  condemned  or 
censured  without  having  notice  of  the  accusation  against  him  or  them 
and  notice  given  for  trial;  and  therefore,  that  if  the  General  Assembly 
of  last  year  meant  by  the  minute  in  question  to  pass  a  censure  on  the 
Presbytery  of  Lewes,  it  was  informal.  — 1793,  p.  71. 

b.  There  was  an  error  in  the  Synod  of  North  Carolina  in  expressing 
a  judicial  opinion  in  relation  to  charges  against  Mr.  Davies  which  did 
not  come  before  them. — 1849,  p.  264,  O.  S. 

2.    A  judicatory  may  not  suspend  without  trial. 

The  Committee  appointed  to  examine  the  records  of  the  Synod  of  the 
Carolinas  reported,  and  the  book  was  approved,  with  the  exception  of 
the  resolution  to  make  a  minister  liable  to  suspension  mthout  trial  for 
three  years'  absence  from  Synod,  without  sending  forward  his  reasons 
for  absence. — 1811,  p.  468. 

3.    Censure  upon  an  absent  person  without  citation  disapproved  of. 

The  Assembly,  moreover,  cannot  forbear  expressing  their  regret  that 
the  Presbytery  of  Washington  should  have  passed  a  vote  of  censure 
upon  Mr.  McCalla  without  citing  him  to  appear  before  them  or  giving 
him  any  opportunity  of  making  a  defence,  since  this  mode  of  proceeding 
seems  to  have  occasioned  a  portion  of  the  irregularity  in  the  Presbytery 
of  West  Lexington,  of  which  the  Presbytery  of  Washington  have  com- 
plained.—1821,  p.  21. 


GENERAL   RULES    PERTAINING   TO    ALL   CASES.  643 

4.    Exclusion  from  the  pulpit  or  from  communion  may  not  be 
without  trial  and  conviction. 

Whereas,  It  appears  from  memorials  sent  up  to  this  Assembly,  that 
several  of  our  Presbyteries  have  adopted  resolutions  excluding  slave- 
holders from  their  pulpits  and  from  their  communion:  And  whereas. 
Our  Constitution  requires  that  no  member  of  the  Presbyterian  Church 
shall  be  thus  disfranchised  without  a  regular  trial  and  conviction, 
....   therefore, 

Resolved,  That  the  said  Presbyteries  be  requested  to  rescind  such  reso- 
lutions.—1840,  p.  24,  N.  S. 

5.    The  accused  may  not  be  required  to  declare  what  he  expects 
to  prove  by  his  witnesses. 

The  Judicial  Committee,  in  reference  to  the  case  of  J.  H.  Si^illman 
against  the  Synod  of  Kentucky,  recommend  to  the  General  Assembly 
the  adoption  of  the  following  minute  disposing  of  the  same : 

While  this  General  Assembly  do  not  undertake  to  reverse  the  decision 
of  the  Synod  of  Kentucky  against  Mr.  J.  H.  Spillman,  it  cannot  be 
doubted — for  it  is  admitted  by  the  Synod's  and  the  Presbytery's  repre- 
sentatives here — that  there  were  some  informalities  in  the  proceedings  of 
the  lower  courts  against  Mr.  Spillman,  which  this  General  Assembly  is 
bound  to  disapprove ;  in  particular,  that  the  Session  had  no  right  to  insist 
upon  Mr.  Spillman' s  making  known  beforehand  what  he  expected  to 
prove  by  his  witnesses  as  the  condition  upon  which  he  should  be  allowed 
to  proceed  in  the  examination. — 1860,  p.  45,  O.  S. 

XX.  Citations  shall  be  served  personally,  unless  the  person  to  be 
cited  cannot  be  found,  in  which  case  the  citation  shall  be  sent  to  his  last 
known  place  of  residence ;  and,  before  proceeding  to  trial,  it  must  appear 
that  the  citations  have  been  served. 

XXI.  K  an  accused  person  refuses  to  obey  a  citation,  a  second  citation 
shall  issue,  accompanied  by  a  notice  that,  if  he  do  not  appear  at  the  time 
appointed,  unless  providentially  hindered,  he  will  be  censured  for  his 
contumacy,  according  to  the  subsequent  provisions  of  the  Book  of  Disci- 
pline. (See  sees,  xxxiii,  xxxviii  andxlvi.)  If  he  does  not  then  appear, 
the  judicatory  may  proceed  to  trial  and  judgment  in  his  absence;  in 
which  case  it  shall  appoint  some  person  to  represent  him  as  counsel.  The 
time  allowed  for  his  appearance,  on  any  citation  subsequent  to  the  first, 
shall  be  determined  by  the  judicatory,  with  proper  regard  for  all  the 
circumstances.  The  same  rule,  as  to  the  time  allowed  for  appearance, 
shall  apjily  to  all  witnesses  cited  at  the  request  of  either  party. 

1.    Contumacy  not  to  be  hastily  inferred.    One  may  excuse  himself  by 

letter. 

In  the  progress  of  this  case,  the  Presbytery  proceeded  regularly  to  cite 
the  accused,  once  and  again ;  and  upon  his  not  appearing,  they  proceeded 
to  the  trial,  and  having  gone  through  the  evidence  they  referred  the 
whole  to  the  Synod  to  adjudicate  upon  it,  with  the  expression  of  their 
own  opinion  that  Mr.  Craighead  ought  to  be  suspended.  The  Synod 
met  immediately  after  Presbytery,  and  took  up  the  case,  and,  in  concur- 


644  BOOK    OF    DISCIPLINE,    SECT.    21. 

rence  with  the  opinion  of  the  Presbytery,  suspended  Mr.  Craighead  from 
the  Gospel  ministry. 

In  this  proceeding  the  General  Assembly  are  of  opinion  that  there  was 
too  much  haste.  Mr.  Craighead  was  not  guilty  of  contumacy,  for  he 
wrote  two  letters  to  the  Presbytery  excusing  himself  for  non-attendance ; 
and  if  he  had  been  guilty  of  contumacy,  he  ought  to  have  been  sus- 
pended on  that  ground. — 1824,  p.  121. 

2.    Contumacy  not  to  be  charged  on  first  citation. 

The  Assembly  sustained  the  appeal  of  Mr.  Arthur  from  the  sentence 
of  the  Presbytery,  by  which  he  was  suspended  from  the  Gospel  ministry 
on  the  ground  of  contumacy,  because  the  Presbytery  appear  to  have 
been  precipitate,  and  not  to  have  observed  the  constitutional  rules. 
They  deem,  too,  the  request  of  Mr.  Arthur  for  a  copy  of  the  first  sen- 
tence to  have  been  reasonable,  and  that  it  ought  to  have  been  complied 
with.— 1822,  p.  53. 

[Note. — See  Book  of  Discipline  iv,  Sees,  xxxiii  and  xxxviii.] 

3.    Contumacious  person  may  be  restored  on  submission. 

The  Committee  to  whom  was  referred  the  appeal  of  Mrs.  Maria  Hill 
from  the  decision  of  the  Synod  of  Albany,  at  their  stated  meeting  at 
Catskill,  in  her  case  respectfully  report: 

That  after  examining  the  documents  presented,  and  hearing  the  state- 
ments of  the  parties,  by  themselves  or  counsel,  your  Committee  are  satis- 
fied that  substantial  justice  has  been  done  in  their  case. 

The  alleged  irregularities  in  the  lower  judicatories,  which  are  com- 
plained of,  are  of  a  technical  character,  or  caused  by  the  course  pursued 
by  the  appellant  or  her  agents.  She  could,  at  any  time,  have  arrested  the 
proceedings,  and  prevented  a  conviction  of  contumacy,  by  submitting  to 
the  authority  of  her  Session,  and  answering  their  citations  ;  and  can  now, 
at  any  moment,  reverse  the  sentence  and  be  restored,  in  the  manner  pro- 
vided by  the  tenth  article  of  the  fourth  chapter  of  our  Book  of  Disci- 
pline (Old). 

Your  Committee,  therefore,  recommend  that  the  appeal  of  Mrs.  Maria 
Hill  be  not  sustained.  Adopted  as  the  decision  of  this  Assembly. — 1864, 
p.  504,  K  S. 

4.  To  proceed  in  the  absence  of  the  accused,  without  a  second  cita- 
tion, irregular;  but  the  right  to  complain  waived  by  appearing 
afterward  and  pleading. 

An  appeal  of  Mr.  William  McElwee  from  the  action  of  the  Synod  of 
Toledo,  for  sustaining  the  Presbytery  of  Mauraee  in  refusing  to  furnish 
him  with  the  usual  letter  of  good  standing  and  transfer  to  the  Presbytery 
of  Philadelphia.  The  Committee  report  that  it  appears  from  the  papers 
put  in  their  hands  that  Mr.  McElwee  was  charged  with  a  heinous  crime, 
of  which  he  made  a  written  confession ;  that  the  Presbytery  took  action 
upon  this  charge,  and  issued  a  citation  for  Mr.  McElwee  to  answer  to 
it,  the  same  being  sent  to  him  through  the  post-office.  When  the  Pres- 
bytery met,  the  accused  did  not  appear,  but  this  written  confession  w'as 
presented,  together  with  testimony  that  it  was  signed  by  him  in  the  pres- 
ence of  witnesses,  and  with  the  understanding  that  it  was  to  be  made  use 
of  in  the  Presbytery.  Under  the  circumstances  the  Presbytery  judged 
that  it  was  not  necessary  to  cite  him  a  second  time,  but  thought  them- 


GENERAL    RULES   PERTAINING    TO    ALL   CASES.  645 

selves  authorized  to  proceed  as  though  he  had  been  present.  They  there- 
fore proceeded,  deposed  Mr,  McElwee  from  the  ministry,  and  suspended 
him  from  the  Church.  Some  time  after  this  Mr.  McElwee  asked  the 
Presbytery  to  remove  his  deposition,  restore  him  to  his  former  good 
standing  and  dismiss  him  to  another  Presbytery.  He  asked  this  on  the 
ground  that  he  was  deeply  penitent  for  the  sin  of  which  he  had  been 
guilty ;  and  the  request  was  concurred  in  by  several  other  persons. 

The  Presbytery  refused  to  restore  him,  and  this  action  the  Synod 
sustained.  Mr.  McElwee  complains  that  the  Presbytery  adjudicated  the 
case  in  his  absence  and  without  a  second  citation.  The  Committee  are 
of  the  opinion  that  the  Presbytery  acted  irregularly  in  disposing  of  this 
case  in  the  absence  of  the  complainant  and  without  a  second  citation. 
But  they  are  of  the  further  opinion  that  the  complainant  waived  his 
further  right  to  complain  by  afterward  appearing  befoi'e  Presbytery, 
confessing  his  guilt,  and  asking  to  be  restored.  And  while  a  sentence  of 
deposition  from  the  Gospel  ministry  and  suspension  from  the  communion 
of  the  Church  may  be  removed  upon  evidence  of  repentance,  of  the 
genuineness  of  such  repentance  the  Presbytery  alone  are  to  judge.  Nor 
is  there  any  evidence  that  the  Presbytery  misjudged.  The  Committee 
recommend  that  the  case  be  dismissed.     Adopted. — 1875,  pp.  511,  512. 

5.    In  the  absence  of  the  accused,  counsel  must  be  assigned. 

But  the  appeal  from  the  first  sentence,  by  which  the  charge  of  slander 
preferred  against  him  by  the  Rev.  Joshua  L.  Wilson  was  declared  to  be 
substantiated  and  Mr.  Arthur  required  to  submit  to  a  rebuke,  the  Assem- 
bly could  not  sustain.  For,  although  the  Assembly  noticed  the  omission 
of  Presbytery  to  assign  Mr.  Arthur  counsel  to  manage  his  defence  (see 
Discipline  (Old),  Chap,  iv.  Sec.  xiii),  yet  they  did  judge  the  pamphlet, 
of  which  Mr.  Arthur  admitted  himself  to  be  the  author,  to  contain  slan- 
der against  Mr.  Wilson,  and  could  not  but  disapprove  of  the  spirit  under 
the  influence  of  which  it  appeared  to  have  been  written. — 1822,  p.  53. 

[Note. — See  Book  of  Discipline,  Sec.  xxvi,  p.  654.] 

6.  When  the  judicatory  has  taken  the  testimony  as  above,  it  may 
proceed  to  trial  and  final  judgment  as  if  the  accused  were 
present. 

[Note. — The  Assembly  of  1865  (N.  S.)  appointed  a  Special  Committee — Rev.  Samuel 
W.  Fishfy",  D.D.,  Rev.  Thomas  Brainerd,  D.D.,  Rev.  Ezra  E.  Adams,  D.D..  Hon. 
William  Strong,  LL.D.,  and  Hon.  Joseph  Allison,  LL.D. — to  report  to  the  next  As- 
sembly. See  Minutes,  1865,  p.  49.  Their  report  was  presented  the  next  year  and  was 
adopted.  The  principles  of  this  deliverance  are  affirmed  in  the  last  clause  of  Sec.  xxi, 
p.  643.] 

The  undersigned,  a  Special  Committee,  to  whom  was  referred  Overture 
No.  14  by  the  General  Assembly  of  1865,  together  with  the  report  of  a 
former  jCommittee  thereon,  and  who  were  instructed  to  report  to  the  pres- 
ent Assembly,  respectfully  submit  the  following: 

The  overture  is  in  these  words:  "  When  the  judicatory  have  proceeded, 
in  accordance  with  Chap,  iv,  Sec.  xiii,  of  the  Book  of  Discipline  (Old), 
to  take  the  testimony  in  the  case  of  an  accused  person,  may  they  proceed 
to  pass  judgment  thereon  as  if  he  were  present,  or  shall  he  be  left  simply 
under  censure  for  contumacy  ?' ' 

The  question  thus  presented  is  exclusively  one  of  power.  It  is  not 
whether,  in  all  cases,  it  is  advisable  that  a  Church  judicatory  should  pro- 
ceed to  a  final  determination  of  the  case;  nor  is  it  what  has  been  the 
usage  in  some  of  the  tribunals  of  the  Church;  but  it  is  strictly,  What 


646  BOOK    OF    DISCIPLINE,    SECT.    21. 

does  the  Book  of  Discipline  authorize  ?  It  is  freely  admitted  that  a  long^ 
course  of  usage  under  a  statute  is  no  inconsiderable  evidence  of  the 
meaning  of  that  statute;  but  it  must  be  a  usage  growing  out  of  the  enact- 
ment itself,  and  claimed  to  have  been  authorized  by  it.  Mere  neglect  to 
exercise  powers  conferred  is  no  proof  that  they  were  not  granted.  Had 
the  fathers  of  the  Church  generally  decided  that,  by  the  fourth  chapter 
of  the  Book  of  Discipline  (Old),  no  power  is  recognized  in  a  judicatory 
to  proceed  to  the  trial  of  an  accused  person  when  he  has  refused  to  obey 
its  citations,  that  his  contumacious  refusal  must  arrest  all  steps  to  purify 
the  Church  of  the  offence  charged,  beyond  taking  evidence  to  prove  that 
offence,  and  had  such  a  construction  of  the  Book  been  generally  accepted, 
it  ought  to  have  weight  in  answer  to  this  overture.  But  there  is  no 
evidence  that  any  such  judicial  construction  has  been  generally  given  to 
the  language  of  the  Book.  Undoubtedly  there  have  been  differences  of 
opinion,  and,  possilily,  it  may  have  been  decided  in  some  judicatory,  that 
jurisdiction  over  an  offence  charged  is  necessarily  suspended,  whenever  an 
accused  person  disobeys  the  citations;  but  this  is  of  little  value  in  deter- 
mining wdiat  the  framers  of  the  Book  of  Discipline  meant  by  its  direc- 
tions respecting  process,  trial  and  judgment.  It  is  much  more  important 
that,  in  certain  cases,  where  the  proof  is  clear,  as  where  the  accused  has 
confessed  his  guilt,  or  where  he  has  been  convicted  of  violating  the  civil 
law  and  has  absconded,  church  Sessions  have  been  accustomed  to  proceed 
to  trial  and  judgment,  notwithstanding  a  refusal  of  the  accused  to  appear 
in  answer  to  citations.  Such  cases  are  judicial  assertions  of  power,  never 
denied,  so  far  as  we  are  informed. 

But  there  is  not  enough  in  judicial  decision  nor  in  authoritative  usage 
to  settle  the  question.  After  all,  it  must  be  answered  from  the  Book; 
and  the  true  inquiry  is,  What  is  the  fair  interpretation  of  the  rules  laid 
down  in  the  fourth  chapter  ?  A  universally  recognized  rule  of  construc- 
tion is  that,  when  the  purpose  of  a  statute  is  clear,  the  means  given  for 
effectuating  it  are  to  be  interpreted  with  reference  to  the  purpose,  and, 
if  possible,  so  as  to  secure  its  accomplishment.  Now  the  ends  of  discipline 
are  clearly  defined.  They  are  declared,  by  the  second  section  of  the 
first  chapter,  to  be  "  the  removal  of  offences,  the  vindication  of  the 
honor  of  Christ,  the  promotion  of  the  purity  and  general  edification  of 
the  Church,  and  also  the  benefit  of  the  offender  himself. ' '  The  fourth 
chapter  contains  the  directions  given  to  Church  judicatories,  Ijy  which 
these  ends  are  to  be  secured.  Manifestly,  they  were  intended  to  be  a 
complete  and  efficient  system  adequate  to  the  purposes  in  view.  If  they 
fail  of  that,  the  avowed  object  of  their  framers  is  defeated.  Then  there 
is  no  power  to  remove  an  offence  in  any  case  where  the  alleged  offender 
refuses  to  submit  himself  to  trial.  Plainly,  it  is  the  offence  charged  which 
is  sought  to  be  removed,  either  by  bringing  the  offender  to  repentf«ice,  or 
by  the  judgment  of  the  Church  upon  it,  and  ultimately,  if  necessary, 
removing  the  offender.  It  is  from  that  offence  the  Church  is  to  be 
purified,  and  the  honor  of  Christ  vindicated,  for  by  that  offence  the  evil 
has  been  done.  Anything  that  comes  short  of  discipline  for  that,  fails 
of  accomplishing  the  avowed  purposes  for  which  the  directions  of  the 
fourth  chapter  were  prescribed.  Contumacious  disobedience  of  citations 
is  another  distinct  offence,  punishment  for  which  is  entirely  collateral  to 
discipline  for  the  cause  that  induced  the  commencement  of  the  process. 
It  is  contempt  of  the  lawful  authority  of  the  Church,  and  suspension  for 
it  is  summary  punishment  for  the  collateral  offence  alone.    Neither  directly 


GENERAL    RULES    PERTAINING   TO    ALL   CASES.  647 

nor  indirectly  is  it  an  expression  of  opinion  respecting  the  delinquent's 
guilt  or  innocence  of  the  charge  preferred  originally  against  him.  Sus- 
pension for  contumacy  would  be  proper,  without  regard  to  anything 
beyond  it.  It  is  quite  conceivable  that  an  accused  person  may  willfully 
disobey  citations  and  yet  be  innocent  of  the  charges  made  against  him. 
It  certainly  would  be  an  anomaly  in  any  judicial  proceeding  to  hold 
that  a  penalty  inflicted  for  a  collateral  offence  vindicates  the  law  against 
another  and  possibly  much  greater  crime. 

If,  therefore,  the  defined  ends  of  discipline  are  to  be  secured,  a  church 
Session  must  have  power  to  proceed  to  trial  and  judgment,  though  the 
accused  person  refuse  to  obey  the  citations  duly  served  upon  him ;  and  it 
is  not  to  be  concluded,  without  clear  evidence,  that  means  given  to  secure 
those  ends  are  inadequate.  When  the  meaning  of  the  language  used  in 
the  fourth  chapter  is  sought,  the  best  guide  to  it  will  be  found  in  the 
paramount  intention  the  language  was  designed  to  subserve.  The 
directions  given  must  be  construed  consistently  with  that  intention;  to 
further  rather  than  to  defeat  it.  Looking  then  to  the  sections  of  the 
fourth  chapter,  and  regarding  them  as  part  of  a  system  designed  for  the 
purposes  above  mentioned,  to  be  interpreted  so  as  to  harmonize  with 
those  purposes  as  well  as  with  each  other,  the  conclusion  seems  inevitable 
that  whenever  an  accusation  has  been  made  against  a  church  member, 
and  a  church  judicatory  has  entered  judicially  upon  its  consideration  and 
obtained  jurisdiction  by  serving  of  citations  upon  him,  it  may  go  on  to 
final  judgment,  though  he  refuses  to  obey  the  citations.  It  is  observable 
that  the  entire  fourth  chapter  is  but  an  outline  of  process.  It  does  not 
undertake  to  prescribe  minutely  each  step  that  may  be  taken.  It  does 
not  even  expressly  authorize  a  judicatory  to  proceed  to  trial  in  any  case. 
It  rather  assumes  that,  having  taken  judicial  cognizance  of  the  proceed- 
ing, the  tribunal  will  go  to  trial  and  judgment.  Like  a  writ  of  summons 
in  a  civil  court,  the  citation  is  notice  that  the  judicatory  has  assumed 
jurisdiction  of  the  case,  and  that  it  will  proceed  to  its  final  determina- 
tion. When  that  notice  has  been  given  as  prescribed,  it  is  contemplated 
rather  than  expressly  required  that  witnesses  will  be  examined ;  that  a 
trial  will  be  pi'oceeded  with,  and  that  a  judgment  will  be  given.  All 
these  things  are  implied  from  what  is-  directed  respecting  them.  They 
are  not  affirmatively  enjoined  or  even  permitted.  Thus  it  is  said,  "  wit- 
nesses shall  be  examined  in  the  presence  of  the  accused,  or  at  least  after  he 
shall  have  received  a  citation  to  attend,"  and  that  he  shall  be  permitted 
to  ask  any  questions  tending  to  his  exculpation.  This  is  a  regulation  of 
the  mode  of  examination,  not  a  direct  gift  of  power  to  take  testimony, 
yet  the  implication  of  power  is  irresistible.  The  fourteenth  (20)  section 
prescribes  certain  things  before  proceeding  to  trial;  and  the  fifteenth 
(23)  declares  that  the  trial  shall  be  fair  and  impartial;  but  nowhere  is 
it  said  there  shall  be  a  trial.  The  sixteenth  (24)  section  requires  the 
judgment  to  be  regularly  entered  on  the  record ;  but  no  section  in  words 
authorizes  a  judgment.  Everywhere  it  is  assumed  that  these  successive 
steps  in  a  judicial  proceeding  may  be  taken.  It  would  be  a  rash  conclu- 
sion from  the  absence  of  a  specific  grant  of  these  powers  to  deny  any 
right  to  take  testimony,  to  try  and  to  give  judgment.  The  powers  are 
not  only  to  be  implied,  but  they  are  comprehensively  given  by  the  general 
provision  of  the  first  section,  that  "  the  judicatory  shall  judicially  take 
the  offence  into  consideration  when  all  other  means  of  removing  it  have 
failed ;' '   and  they  are  included  also  in  the  directions  to  issue  citations. 


■648  BOOK    OF    DISCIPLINE,    SECT.    21. 

Nor  is  there  any  substantial  distinction  made  between  cases  in  which  the 
accused  yields  obedience  to  the  citations  and  those  in  which  he  is  contu- 
maciously disobedient.  The  thirteenth  (21)  section  is  the  only  one  that  is 
supposed  to  make  a  difference.  By  that  a  second  citation  is  required,  to 
be  accompanied  with  a  notice,  that  if  the  person  cited  do  not  appear  at 
the  time  appointed,  the  judicatory,  "  besides  censuring  him  for  his  contu- 
macy, will,  after  assigning  some  person  to  manage  his  defence,  proceed  to 
take  the  testimony  in  his  case,  as  if  he  were  present. ' '  It  has  sometimes 
been  asked,  if  it  was  intended  that  the  judicatory  might  proceed  in  such  a 
case  to  final  judgment,  why  was  not  notice  required  that  they  would  thus 
proceed  ?  Why  limit  the  notice  to  taking  testimony  ?  These  questions 
are  easily  answered.  A  notice  that  the  judicatory  will  proceed  to  trial 
and  decision  would  be  unnecessary  and  superfluous.  It  has  already  been 
given  in  the  assumption  of  jurisdiction  over  the  case  and  in  the  citations; 
but  notice  of  taking  testimony  is  a  diflerent  matter.  Separate  notice  of 
that  is  generally  given  in  all  judicial  proceedings.  Its  design  is  to  give  a 
party  an  opportunity  to  cross-examine  the  witnesses  produced  against 
him.  And,  as  the  judgment  in  all  ecclesiastical  courts  must  be  founded 
upon  evidence,  as  a  judgment  for  default  of  appearance  is  not  authorized, 
it  is  proper  that  the  accused  should  have  special  notice  of  taking  the 
testimony,  though  he  may  refuse  to  appear  in  answer  to  the  citation.  In 
fact,  however,  notice  that  the  testimony  will  be  taken  is  notice  that  the 
judicatory  will  go  on  with  the  trial ;  for  taking  testimony  is  a  part  of 
trial,  its  first  stage.  Undue  inferences  are  therefore  drawn  from  the  form 
of  the  notice,  if  it  is  supposed  to  indicate  that  the  proceedings  are  to  stay, 
when  the  testimony  shall  have  been  taken.  At  most,  it  raises  but  a 
very  feeble  implication  that,  because  notice  of  one  thing  is  required  (a 
thing  very  peculiar  in  itself,  and  always  demanding  a  special  notice), 
therefore  nothing  else  can  be  done.  A  similar  mode  of  reasoning  would 
render  a  trial  iu  any  case  impossible. 

Moreover,  the  thirteenth  (21)  section  affords  strong  aflfirmative  evidence 
that  a  trial  and  judgment  were  contemplated  by  its  framers,  notwithstand- 
ing the  refusal  of  the  accused  to  obey  the  citations.  The  evidence  is 
found  in  the  notice  that  the  judicatory  will  assign  some  person,  not  to 
appear  for  the  accused  at  the  examination  of  witnesses,  but  to  ' '  manage 
his  defence."  The  idea  of  defence  iu  a  judicial  proceeding  is  insepar- 
able from  answer  or  trial.  If,  therefore,  the  non-appearing  accused  has 
a  defence  to  be  managed,  he  has  an  answer  to  be  put  in,  a  trial  to 
undergo.  Taking  testimony  in  support  of  the  accusation  is  no  part  of 
the  defence.  Cross-examination  of  the  witnesses  may  be  a  part,  but  the 
appointee  of  the  judicatory  is  to  manage  the  whole. 

It  may  also  be  argued  that  the  provision  for  taking  testimony  at  all, 
when  an  accused  person  fails  to  respond  to  the  citation,  implies  that  the 
case  may  proceed  to  a  final  determination.  For  what  purpose  take  testi- 
mony if  no  action  is  to  be  based  upon  it  ?  If  it  be  said  to  preserve  it  for 
use  when  the  accused,  repenting  of  his  contumacy,  may  choose  to  appear 
for  trial,  it  may  be  answered  that  no  such  purpose  appears  in  the  book. 
None  of  the  provisions  usual,  when  the  object  sought  to  be  accomplished 
is  the  perpetuation  of  testimony,  are  even  liinted  at.  By  the  sixteenth 
section  (24)  the  judgment  is  required  to  be  entered  upon  the  records  of 
the  judicatory,  but  nothing  is  said  of  the  preservation  of  unused  evi- 
dence. It  is  not  even  required  to  be  reduced  to  writing,  unless  demanded 
by  one  of  the  [)arties. 


GENERAL   RULES    PERTAINING    TO    ALL   CASES.  649 

It  may  also  be  argued  from  the  language  of  the  fourteenth  (20)  section 
that  a  trial  for  the  offence  charged  is  intended,  though  the  citations  have 
been  disobeyed.  In  that  section  it  is  said  that  judicatories,  *'  before 
proceeding  to  trial, "  "  ought  to  ascertain  that  their  citations  have  been 
duly  served  on  the  persons  for  whom  they  were  intended. "  If  a  person 
cited  is  in  attendance,  nothing  is  to  be  ascertained  respecting  the  service 
of  the  citation.  It  is  plain,  therefore,  that  this  injunction  refers  mainly 
at  least  to  proceeding  to  trial  of  an  absent  accused,  and  it  assumes  that 
the  judicatory  will,  after  having  assured  itself  of  the  service  of  the  cita- 
tions, go  on  to  adjudicate  the  case.  This  section  is  susceptible  of  no 
other  meaning. 

A  similar  implication  is  found  in  the  next  section,  the  fifteenth  (23), 
which  declares  that  "the  trial  shall  be  fair  and  impartial,"  and  that 
"  the  witnesses  shall  be  examined  in  the  presence  of  the  accused,  or,  at 
least,  after  he  shall  have  received  due  citation  to  attend. ' '  This  is  a 
regulation  of  the  mode  of  trial,  and  it  is  expressly  made  applicable  both 
to  cases  where  the  accused  yields  obedience  to  the  citation  and  to  cases 
where  he  does  not.  ^yith  these  harmonize  the  sixteenth  (24)  section, 
which  assumes  that  there  will  be  a  judgment,  and  the  seventeenth  (34), 
nineteenth  (30)  and  twentieth  (34)  sections,  prescribing  the  discipline 
to  be  adminstered  in  the  event  of  conviction.  The  last  of  these  directs 
excommunication  in  certain  cases.  Its  fair  interpretation  evidently  is 
that  the  ground  of  such  extreme  action  is  not  contumacy  in  disobeying 
process,  but  the  gross  offence  charged,  to  answer  for  which  the  accused 
had  been  cited. 

Taking  all  these  sections  into  consideration,  and  regarding  them  as 
parts  of  one  system,  as  having  reference  to  the  same  subject-matter  and 
designed  to  secure  the  ends  avowed,  the  Committee  are  constrained  to 
regard  them  as  applicable  to  the  course  of  proceeding  through  all  the 
stages  of  trial  alike  in  cases  where  the  accused  does  not  appear  in  obedi- 
ence to  the  citations  as  when  he  does.  In  both  the  judicatory  is  empow- 
ered to  proceed  to  trial  and  to  final  judgment. 

To  this  conclusion  an  objection  has  sometimes  been  urged  that  at  first 
mention  seems  to  have  some  plausibility.  It  is  that  trial  of  a  person  in 
his  absence  and  the  rendition  of  judgment  against  him  are  in  conflict 
with  common  right  and  justice;  that  even  criminal  courts  in  State  govern- 
ments do  not  try  offenders  in  their  absence,  and  that  ecclesiastical  courts 
ought  to  avoid  ex  parte  proceedings.  The  objection  aims  less  at  the 
power  of  a  judicatory,  as  recognized  by  the  Book  of  Discipline,  than  it 
does  at  the  policy  of  exercising  it.  But  it  misapprehends  what  are 
acknowledged  common  right  and  justice,  what  are  the  proceedings  of 
courts  of  law  and  equity  in  analogous  cases,  and  what  are  ex  parte  pro- 
ceedings. Nowhere  is  it  held  that  a  man  may  not  deny  himself  his 
plainest  rights.  While  he  may  not  be  tried  for  an  alleged  offence  with- 
out having  an  opportunity  to  be  heard,  he  has  no  just  cause  to  complain 
of  a  trial  to  which  he  has  been  summoned  by  a  tribunal  having  jurisdic- 
tion, and  which  he  has  persistently  refused  to  attend.  In  such  a  case  it 
is  he  who  throws  away  his  own  rights.  They  are  not  taken  from  him. 
This  is  a  principle  universally  recognized  in  courts  of  civil  law  and  of 
equity,  and  such  courts  go  farther.  They  construe  a  refusal  to  obey 
process  requiring  an  appearance  as  a  substantial  confession  of  the  com- 
plaint, and  they  render  judgment  accordingly.  It  is  true.  State .  courts 
having  criminal  jurisdiction  do  not  try  persons  for  crimes  and   misde- 


650  BOOK    OF    DISCIPLINE,    SECT.    22-23. 

meanors  in  their  absence.  This  is  for  two  reasons:  They  have  power  to 
compel  attendance,  which  ecclesiastical  courts  have  not;  and  the  punish- 
ments they  inflict  aflfect  the  life,  the  liberty  or  the  property  of  the  con- 
victed criminal.  In  fact,  they  concern  the  life  or  the  liberty  of  the 
accused ;  for  even  if  the  penalty  be  only  a  fine,  its  payment  is  usually 
enforced  by  detention  in  custody  until  satisfaction  be  made.  But 
ecclesiastical  tribunals  can  pronounce  no  judgment  that  touches  either  the 
life,  the  liberty  or  the  property  of  the  accused.  Their  sentences  are 
peculiar.  Indeed,-  it  is  asserting  a  false  analogy  to  assimilate  a  trial 
before  a  church  Session  to  an  indictment  and  trial  in  a  criminal  court. 
It  bears  a  much  stronger  resemblance  to  proceedings  very  common  in 
courts  of  law,  in  which  members  of  associations  or  corporations  are  called 
upon  to  respond  for  some  alleged  breach  of  corporate  duty,  for  which 
they  are  liable  to  be  punished  by  the  imposition  of  penalties,  or  by 
amotion  from  membership.  In  such  cases,  Avhen  the  person  summoned 
refuses  to  obey  the  mandate  of  the  writ,  courts  proceed  at  once  to  dispose 
of  his  case  and  render  final  judgment.  No  one  ever  supposed  that  by  so 
doing  injustice  was  done  or  that  any  right  of  the  accused  was  invaded. 
Much  less  can  he  complain  who  has  been  cited  to  answer  an  accusation 
taken  into  judicial  cognizance  by  a  Church  judicatory  and  who  has  con- 
tumaciously refused  to  obey  the  citation,  if  the  tribunal  proceed  to  try 
the  case,  presuming  nothing  against  him  but  contumacy  from  his  refusal, 
but  founding  its  judgment  solely  upon  the  testimony  of  witnesses.  This 
objection,  therefore,  when  examined,  appears  to  be  witliout  substance. 

In  conclusion,  it  remains  only  to  recommend,  as  the  opinion  of  the 
Committee,  that  the  overture  be  answered  by  a  declaration  of  the  Assem- 
bly that  in  the  case  proposed  the  judicatory  may  proceed  to  trial  and 
final  judgment  as  if  the  accused  were  present. — 1866,  pp.  283-288,  N.  S. 

XXII.  At  the  meeting  at  which  the  citations  are  returnable,  the 
accused  shall  appear,  or,  if  unable  to  be  present,  may  appear  by  coun- 
sel. He  may  file  objections  to  the  regularity  of  the  organization,  or  to 
the  jurisdiction  of  the  judicatory,  or  to  the  sufficiency  of  the  charges  and 
specifications  in  form  or  in  legal  effect,  or  any  other  substantial  objection 
affecting  the  order  or  regularity  of  the  proceeding,  on  which  objections 
the  parties  shall  be  heard.  The  judicatory  upon  the  filing  such  objections 
shall,  or  on  its  own  motion  may,  determine  all  such  preliminaiy  objec- 
tions, and  may  dismiss  the  case,  or  permit,  in  the  furtherance  of  justice, 
amendments  to  the  specifications  or  charges  not  changing  the  general 
nature  of  the  same.  If  the  proceedings  be  found  in  order,  and  the 
charges  and  specifications  be  considered  sufficient  to  put  the  accused  on 
his  defence,  he  shall  plead  "guilty,"  or  "  not  guilty, "  to  the  same,  which 
shall  be  entered  on  the  record.  If  the  plea  be  "  guilty,"  the  judicatory 
shall  proceed  to  judgment;  but  if  the  plea  be  "  not  guilty,"  or  if  the 
accused  decline  to  answer,  a  plea  of  ' '  not  guilty  ' '  shall  be  entered  of 
record  and  the  trial  proceed. 

1.  Judicial  cases  should  be  continued  without  interruption. 
The  Judicial  Committee  recommend  this  Assembly  to  adopt  the  rule  of 
the  last  General  Assembly  {Minutes  of  1864,  p.  321),  as  follows: 


GENERAL   RULES    PERTAINING   TO   ALL   CASES.  651 

Whereas,  In  the  experience  of  this  General  Assembly  and  others  the 
confusion  arising  from  the  frequent  interruption  of  important  business 
by  other  items  of  business  wholly  disconnected  has  greatly  hindered  the 
satisfactory  interest  and  understanding  of  the  members,  as  well  as  pro- 
tracted our  proceedings;  therefore, 

Resolved,  That  it  be  made  a  standing  rule  of  the  Assembly  that  all 
judicial  cases  be  continued  without  interruption  during  the  sessions  of  the 
day,  after  the  Assembly  shall  have  entered  upon  them,  according  to 
appointment,  for  the  order  of  the  day. — 1865,  p.  535,  O.  S. 

[Note— This  is  the  usage  of  the  Assembly— 1892,  p.  118;  1893,  p.  70.] 
XXIII.  The  witnesses  shall  be  examined,  and,  if  desired,  cross- 
examined,  and  any  other  competent  evidence  introduced,  at  a  meeting  of 
which  the  accused  shall  be  properly  notified;  after  which  new  witnesses 
and  other  evidence,  in  rebuttal  only,  may  be  introduced  by  either  party. 
But  evidence  discovered  during  the  progress  of  the  trial,  may  be  admitted, 
in  behalf  of  either  party,  under  such  regulations,  as  to  notice  of  the 
names  of  witnesses  and  the  nature  of  the  proof,  as  the  judicatory  shall 
deem  reasonable  and  proper;  and  then  the  parties  themselves  shall  be 
heard.  The  judicatory  shall  then  go  into  private  session — the  parties, 
their  counsel,  and  all  other  persons  not  members  of  the  body,  being 
excluded ;  when,  after  careful  deliberation,  the  judicatory  shall  proceed 
to  vote  on  each  specification  and  on  each  charge  separately,  and  judgment 
shall  be  entered  accordingly. 

1.    The  withdrawal  of  parties,  counsel,  etc.,  construed  literally. 

a.  The  appeal  of  Mr.  Joseph  E.  Bell,  from  a  decision  of  the  Presby- 
tery of  Concord,  suspending  him  from  the  office  of  the  Gospel  ministry, 
was  taken  up. 

The  appellant  having  requested  that  some  person  may  be  appointed  to 
manage  his  appeal,  the  Rev.  N.  S.  S.  Beman  was  accordingly  appointed. 

The  decision  of  the  Presbytery  appealed  from,  the  reasons  assigned  by 
the  appellant  for  his  appeal,  which  were  on  record,  and  the  whole  record 
of  the  proceedings  of  the  inferior  judicatory  in  the  case  were  read. 

After  which,  Mr.  Beman,  on  behalf  of  Mr.  Bell,  was  heard.  The 
Presbytery  of  Concord  was  then  heard  by  its  delegate,  in  explanation  of 
the  grounds  of  its  decision. 

Mr.  Beman  and  the  delegate  from  Concord  then  withdrew.  The  roll 
was  then  called,  to  give  each  member  an  opportunity  to  express  his  opin- 
ion ;  after  which  the  final  vote  was  taken,  and  the  appeal  of  Mr.  Bell 
was  sustained. — 1828,  p.  238;  see  also  1836,  p.  265. 

b.  The  Moderator  having  decided  that  the  rule  requiring  the  parties 
to  withdraw  should  be  understood  in  the  obvious  and  literal  sense,  an 
appeal  was  taken  from  his  decision,  and  the  decision  was  sustained  by  a 
large  majority. — 1848,  p.  40,  O.  S. 

C.  Judicial  Case  No.  2  was  resumed,  and  the  roll  was  called  for  an 
expression  of  opinions,  the  parties,  with  the  appellant's  counsel,  having 
withdrawn  from  the  house. — 1849,  p.  262,  O.  S. 

d.  The  records  of  the  Synod  of  Georgia  were  approved,  with  the 
exception  that  on  p.  337  we  have  the  following  minute :  ' '  That  the  rule 
in  the  book  requiring  the  members  of  the  inferior  judicatory  to  withdraw 


652  BOOK   OF  biSCIPLINE,    SECT.    23-24. 

from  the  house  be  understood  metaphorically,  and  that  the  rule  be  under- 
stood as  fully  complied  with,  by  excluding  the  Flint  Presbytery  from 
any  further  participation  in  the  discussion,  and  from  voting  in  the  case." 
—1858,  p.  289,  O.S.  ;  see  also  1858,  p.  296,  0.  S.  ;  1859,  p.  546,  O.  S. 

2.    Exclusion  of  stenographer  of  the  accused  questionable. 

That  the  act  of  the  Session  excluding  the  stenographer,  even  if  it  were 
within  the  ultimate  prerogatives  of  the  court,  was  of  very  questionable 
wisdom,  as  well  as  of  dangerous  precedent,  in  reference  to  the  rights  of 
respondents  at  their  bar. — 1839,  N.  S. ;  reprint,  p.  64. 

3.    Testimony  not  on  record  admitted  by  consent. 

a.  The  following  papers  were  offered  and  ordered  to  be  entered  on  the 
minutes,  viz.  : 

I  offer  to  the  Assembly  the  paper  called  "  An  Appendix,"  as  the 
records  furnished  by  the  Presbytery  in  my  case,  and  request  that  it  may 
be  read  as  containing  evidence  wliich  was  before  the  Presbytery,  and 
which  was  not  before  the  Synod. 

Albert  Barnes. 

The  prosecutor  in  the  case  of  Mr.  Barnes,  and  the  Committee  appointed 
by  the  Synod  of  Philadelphia,  to  defend  their  decision  in  the  same  case, 
hereby  agree  to  the  introduction  of  a  document  entitled  "An  Appen- 
dix," etc.  Not,  however,  as  a  part  of  the  records  of  the  inferior  judica- 
tory, but  as  testimony  adduced  by  the  appellant  to  substantiate  any 
statement  which  he  has  made,  or  may  yet  make. 

George  Junkin,  S.  G.  Winchester, 
G.  AV.  MusGRAVE,  David  McKinney, 

Committee  of  Synod  of  Philadelphia. 

The  document  called  the  Appendix,  numbered  from  pp.  1  to  58  inclu- 
sive, containing  the  trial,  testimony  of  the  parties,  Junkin  and  Barnes, 
and  final  decision  of  the  Second  Presbytery  of  Philadelphia,  in  the  said 
case  of  Junkin  and  Barnes,  was  read. — 1836,  p.  256. 

b.  The  decision  of  the  Synod  of  New  Jersey,  of  which  J.  Kirkpat- 
rick  and  others  complain,  was  read,  together  with  the  complainants' 
reasons  of  complaint.  The  records  of  the  Synod  in  the  case  were  read, 
and  it  was  moved  to  read  a  paper  which  was  not  before  the  Synod,  but 
was  admitted  by  the  parties  to  be  an  original  paper.  After  debate  it  was 
agreed  by  the  court  that  the  paper  offered  this  morning  be  read,  which 
was  done.— 1841,  p.  428,  0.  S. 

XXIV.  The  charge  and  specifications,  the  plea,  and  the  judgment, 
shall  be  entered  on  the  minutes  of  the  judicatory.  The  minutes  shall 
also  exhibit  all  the  acts  and  orders  of  the  judicatory  relating  to  the  case, 
with  the  reasons  therefor,  together  with  the  notice  of  appeal,  and  the 
reasons  therefor,  if  any  shall  have  been  filed;  all  which,  together  with 
the  evidence  in  the  case  duly  filed  and  authenticated  by  the  Clerk  of  the 
judicatory,  shall  constitute  the  record  of  the  case;  and,  in  case  of  a 
removal  thereof  by  appeal,  the  lower  judicatory  shall  transmit  the  record 
to  the  higher.  Nothing  which  is  not  contained  in  the  record  shall  be 
taken  into  consideration  in  the  higher  judicatory. 


GENERAL    RULES    PERTAINING   TO    ALL   CASES.  653 

1.  Everything  influencing  the  judgment  of  the  judicatory  must  be 

spread  upon  the  records. 

The  Synod  of  Illinois  have  not  discharged  their  duty.  They  ought  to 
have  spread  upon  their  record  everything  which  influenced  their  judg- 
ment in  the  case,  and  also  to  have  sent  to  this  Assembly  authentic  copies 
of  the  whole  proceedings,  with  all  the  documents  which  had  been  regu- 
larly before  them.— 1840,  p.  302,  O.  S. 

2.  Minutes  of  interlocutory  meetings  in  judicial  cases  should  be  re- 

corded ;  also  report  of  Judicial  Committee  in  the  case. 

The  Presbytery  of  Louisiana  should  have  recorded  the  results  of  the 
interlocutory  meeting  referred  to  in  the  complaint.  The  Synod  acted 
unconstitutionally  in  permitting  the  Presbytery  of  Louisiana  to  vote  on 
the  adoption  of  the  report  of  the  Judicial  Committee  on  the  complaint 
of  Rev.  Mr.  Smylie. 

The  Synod  should  have  placed  on  its  records  the  above-mentioned 
report.— 1850,  p.  481,  O.  S. 

3.    Reasons  not  recorded  and  records  deficient.    Case  remanded. 

a.  A  complaint  of  Rev.  Edward  Graham  and  others  against  the  Synod 
of  the  Pacific. 

It  appears  that,  at  its  meeting,  June  12,  1880,  the  Presbytery  of  San 
Francisco  received  from  the  Rev.  John  D.  Strong,  one  of  its  members, 
a  letter  dated  January  7,  1880,  saying:  "I  have  determined  to  termi- 
nate my  connection  with  your  body.  After  more  than  fifty  years  of 
thought  and  study,  and  earnest  desire  to  find  the  wa,j  of  truth  and  duty, 
I  have  ceased  to  believe  the  docti'ines  of  the  Presbyterian  Church,  or  to 
feel  respect  for  its  practical  religion.  For  this  reason  I  hereby  withdraw 
from  the  Presbytery  of  San  Francisco,  and  ask  that  my  name  be  stricken 
from  its  list  of  members." 

A  Committee  was  appointed  to  confer  with  Mr.  Strong,  and,  at  an 
adjourned  meeting  of  the  Presbytery,  no  report  of  the  Committee 
appearing  on  the  records,  a  motion  was  adopted  to  drop  the  name  of 
John  D.  Strong  from  the  roll.  For  this  action  no  reason  is  assigned 
by  the  Presbytery,  as  required  (Book  of  Discipline  [Old],  Chap,  iv. 
Sec.  xxiii),  nor  was  any  minute  or  judgment  entered  on  the  records 
(Book  of  Discipline  [Old],  Chap,  iv,  Sec.  xvi).  Complaint  against 
this  action  was  made  to  the  Synod  of  the  Pacific.  At  its  meeting, 
beginning  October  7,  1880,  the  Synod  proceeded  to  issue  the  complaint. 
The  Synod  did  not  sustain  the  complaint,  but  it  put  on  record  no  reasons 
for  its  decision  (Book  of  Discipline  [Old],  Chap,  iv,  Sec.  xxiii),  nor 
was  any  minute  or  judgment  entered  (Book  of  Discipline  [Old], 
Chap,  iv,  Sec.  xvi). 

Your  Committee  find  the  irregularities  and  deficiencies  in  the  records, 
both  of  the  Presbytery  and  of  the  Synod,  so  great,  and  the  information 
furnished  by  the  records  of  both  bodies  so  meagre,  that,  inasmuch  as  the 
appellate  judicatories  are  confined  to  the  records,  in  their  opinion  it  is 
impossible  for  the  Assembly  to  come  to  any  intelligent  decision.  They, 
therefore,  recommend  that  the  complaint  be  referred  to  the  Synod  of  the 
Pacific,  with  instructions  to  take  such  action  in  the  premises  as  the  inter- 
ests of  religion  and  the  good  order  of  the  Church  may  seem  to  them  to 
demand.     Adopted.— 1881,  pp.  586,  587. 


654  BOOK    OF    DISCIPLINE,    SECT.    25-29. 

b.  Case  ordered  to  a  new  trial  because  the  reasons  for  the  decision  of 
Synod  were  not  recorded  according  to  the  requisition  in  Chap,  iv,  Sec. 
xxiii,  Book  of  DiscipHne  (Old).— 1861,  p.  344,  O.  S.  ;  1874,  p.  74. 

[Note. — See  also  1881,  pp.  587,  588.  Appeal  of  Rev.  Harlan  Peck  against  the  Synod 
of  the  Columbia :  sustained  and  the  action  of  the  Synod  set  aside,  because  ' '  No 
formal  action  of  the  Synod  was  entered  upon  its  records,  and  no  reason  given."  See 
also  this  Digest,  p.  246.  1878,  p.  60,  the  records  of  Illinois  Central  censured,  because, 
in  issuing  a  complaint,  they  failed  to  record  the  subject-matter  of  the  complaint.] 

XXV.  Exceptions  may  be  taken  by  either  of  the  original  parties  in  a 
trial,  to  any  part  of  the  proceedings,  except  in  the  judicatory  of  last 
resort,  and  shall  be  entered  on  the  record. 

XXVI.  No  professional  counsel  shall  be  permitted  to  appear  and  plead 
in  cases  of  process  in  any  of  our  ecclesiastical  judicatories.  But  if  any 
accused  person  feel  unable  to  represent  and  plead  his  own  cause  to  advan- 
tage, he  may  request  any  minister  or  elder,  belonging  to  the  judicatory 
before  which  he  appears,  to  prepare  and  exhibit  his  cause  as  he  may 
judge  proper.  But  the  minister  or  elder  so  engaged  shall  not  be  allowed, 
after  pleading  the  cause  of  the  accused,  to  sit  in  judgment  as  a  member 
of  the  judicatory. 

[Note. — In  1884,  Sec.  xxvi  was  adopted,  as  follows: 

26.  In  cases  of  process  in  any  judicatory,  either  party  may  be  assisted  by  counsel, 
but  such  counsel  shall  be  in  full  communion  with  the  Presbyterian  Church.  Neither 
the  counsel  nor  either  of  the  parties  shall  be  allowed  to  sit  in  judgment,  or  vote,  in 
the  trial  of  the  case. 

In  1885,  Sec.  xxvi  of  the  new  Book  of  Discipline  was  amended  by  substituting  in  its 
place  Chap,  iv.  Sec.  xxi,  of  the  old  book,  the  word  "judicatory"  being  substituted, 
for  "court,"  as  above.— 1885,  p.  601.] 

1.    Counsel  assigned  by  request  of  the  parties. 

a.  The  appeal  and  complaint  of  Robert  Finley  and  Smith  Bloomfield 
against  the  Synod  of  New  Jersey. 

R.  J.  Breckinridge  was  allowed  at  the  request  of  the  former  appellant 
to  aid  him  in  conducting  his  cause ;  and  James  Hoge  and  Nathaniel 
Hewitt  were  allowed  at  the  request  of  Myron  Barrett  to  aid  him,  in  the 
absence  of  two  other  members  of  a  Committee  appointed  by  the  Synod 
of  New  Jersey,  to  defend  the  Synod  in  this  case. — 1858,  p.  286,  O.  S. 

b.  Rev.  Dr.  Humphrey,  chairman  of  the  Judicial  Committee,  reported 
Case  No.  5,  being  a  complaint  of  William  B.  Guild  against  the  Synod 
of  New  Jersey,  and  stated  that  the  complainant  requested  the  appoint- 
ment of  a  member  to  take  charge  of  his  interests  in  the  case.  The  Com- 
mittee recommended  the  appointment  of  Rev.  S.  S.  Sheddan,  and  he  was 
appointed. — 1863,  p.  19,  O.  S. 

C.  In  the  absence  of  the  appellant,  counsel  was  appointed  by  the 
court.— 1823,  p.  72. 

d.   Elder  J.    R.    Hogg,   a  member  of  the  Assembly,  was  appointed 
counsel  for  A.   G,  McAuley,  D.D.,  at  the  request  of  the  appellant,  in 
the  matter  of  his  appeal  from  a  decision  of  the  Synod  of  Pennsylvania. 
—1896,  p.  54. 
2.    No  one  not  a  member  of  the  judicatory  may  act  as  counsel. 

The  Committee  on  Bills  and  Overtures  reported  Overture  No.  5,  as 
follows :  * '  May  the  Session  of  a  churchj  at  the  request  of  an  accused 
brother,  assign  as  his  counsel  a  minister  of  the  Gospel  belonging  to  the 
same  Presbytery  to  which  the  Session  belongs  ?' ' 


GENERAL    RULES    PERTAINING   TO    ALL   CASES.  655 

The  Committee  answered :  There  is  no  provision  for  such  a  case  in 
our  Constitution;  and,  though  it  does  not  appear  to  contravene  its  spirit 
and  design,  and  might  in  special  cases  be  allowable  with  advantage;  yet, 
a  strict  interpretation  of  Chap,  iv,  Sec.  xxi,  of  the  Book  of  Discipline  (Old) 
seems  to  preclude  the  employment  of  any  one  as  counsel  who  is  not  a  mem- 
ber of  the  judicatory.     The  report  was  adopted. — 1851,  p.  29,  N.  S. 

3.    Professional  counsel  under  all  circumstances  excluded. 

The  Committee  on  Bills  and  Overtures  reported  No.  1  from  the  Pres- 
bytery of  Tuscaloosa,  requesting  the  Assembly  to  answer  the  following 
question:  "Is  it  a  violation  of  our  Book  of  Discipline  for  professional 
counsel,  under  all  circumstances,  to  aid  in  the  examination  of  witnesses?" 

Tlie  Committee  recommended  that  the  question  be  answered  in  the 
affirmative.     The  report  was  adopted. — 1852,  p.  205,  O.  S. 

[Note. — The  term  "  professional  counsel "  has  no  reference  to  the  prof ession  of  the 
counsel  employed.  It  is  taken  as  meaning  any  one,  "  minister  or  elder,"  who  is  not  a 
memberof  the  judicatory  which  is  engaged  in  issuing  the  case.] 

XXVII.  Questions  as  to  order  or  evidence,  arising  in  the  course  of  a 
trial,  shall,  after  the  parties  have  had  an  opportunity  to  be  heard,  be 
decided  by  the  Moderator,  subject  to  appeal;  and  the  question  on  the 
appeal  shall  be  determined  without  debate.  All  such  decisions,  if 
desired  by  either  party,  shall  be  entered  upon  the  record  of  the  case. 

XXVIII.  No  member  of  a  judicatory  who  has  not  been  present 
during  the  whole  of  the  trial,  shall  be  allowed  to  vote  on  any  question 
arising  therein,  except  by  unanimous  consent  of  the  judicatory  and  of 
the  parties;  and,  when  a  trial  is  in  progress,  except  in  an  appellate  judi- 
catory, the  roll  shall  be  called  after  each  recess  and  adjournment,  and 
the  names  of  the  absentees  shall  be  noted. 

1.    By  consent,  members  who  had  been  absent  for  brief  periods 
allowed  to  vote. 

The  parties  to  the  case  consenting,  the  Assembly  ordered  that  all 
members  of  the  court  who  had  been  absent  dui'ing  the  hearing  for  bi'ief 
periods  of  time,  and  for  sufficient  reasons,  should  be  permitted  to  vote. 

The  Rev.  M.  Henry  Calkins,  D.D. ,  who  had  been  necessarily  absent 
during  the  greater  part  of  the  sessions  of  the  court,  was,  at  his  own 
request,  excused  from  voting. — 1894,  p.  96. 

[Note. — Case  of  Henry  P.  Smith,  D.D.] 

XXIX.  The  parties  shall  be  allowed  copies  of  the  record  at  their  own 
expense;  and,  on  the  final  disposition  of  a  case  in  a  higher  judicatory, 
the  record  of  the  case,  with  the  'judgment,  shall  be  transmitted  to  the 
judicatory  in  which  the  case'  originated. 

1.    Appellant  entitled  to  a  copy  of  the  sentence. 
They  deem,  too,  the  request  of  Mr,  Arthur  for  a  copy  of  the  first 
sentence  to  have  been  reasonable,  and  that  it  ought  to  have  been  com- 
plied with.— 1822,  p.  58. 

2.    The  records  of  Church  judicatories  are  public  documents. 

Overture  from  the  Presbytery  of  Council  Bluffs,  asking  whether  a 
minister  of  the  Gospel,    once  suspended,  but  afterward  restored,  may 


656  BOOK    OF    DISCIPLINE,    SECT.    30-34. 

demaud  that  the  records  in  his  case  be  closed  to  inspection  or  transcript, 
when  required  by  subsequent  judicial  proceedings  by  his  own  Presbytery. 

The  Committee  recommended  the  following  answer : 

The  records  of  our  Church  courts  are  public  and  not  private  documents, 
and  therefore  no  one  who  has  been  under  discipline  can  * '  demand  ' '  that 
anything  pertaining  to  his  case  shall  be  "  closed  to  inspection  or  tran- 
script. ' '  Yet  a  wise  Christian  charity  would  suggest  that,  when  the  end  of 
discipline  in  the  restoration  of  an  offender  has  been  reached,  no  ftirther 
publicity,  if  possible,  should  be  given  to  the  matter. — 1879,  p.  586. 

XXX.  In  the  infliction  and  removal  of  church  censures,  judicatories 
shall  observe  the  modes  prescribed  in  chap,  xi  of  the  Directory  for 
Worship. 

XXXI.  In  all  cases  of  judicial  process,  the  judicatory  may,  at  any 
stage  of  the  case,  determine,  by  a  vote  of  two-thirds,  to  sit  with  closed 
doors. 

XXXII.  A  judicatory  may,  if  the  edification  of  the  Church  demands 
it,  require  an  accused  person  to  refrain  from  approaching  the  Lord's 
Table,  or  from  the  exercise  of  ofiice,  or  both,  until  final  action  in  the  case 
shall  be  taken ;  provided,  that  in  all  cases  a  speedy  investigation  or  trial 
shall  be  had. 

[Note.— See  also  Sees,  xxxix,  xlv  and  xlvi  ] 

1.    The  accused  may  be  suspended  pending  the  issuing  of  the  case. 

An  inquiry  from  J.  A.  Clayton:  Whereas,  Our  Book  of  Discipline 
(Old),  Chap.  V,  Sec.  ii,  says,  "  the  same  general  method,  substituting 
Presbytery  for  the  Session, "  is  to  be  observed  in  investigating  charges 
against  a  minister  as  are  prescribed  in  the  case  of  private  members.  Does 
this  authorize  the  Presbytery  to  apply  the  principle  contained  in  Chap, 
iv.  Sec.  xviii,  to  ministers  against  whom  charges  exist  that  cannot  be 
seasonably  tried,  so  far  as  to  suspend  them  from  the  functions  of  the . 
Gospel  ministry  until  they  can  be  tried  ?  P.  S. — If  the  above  will  not 
apply,  what  should  a  Presbytery  do  in  the  case  ? 

The  Committee  recommended  the  following  resolution,  which  was 
adopted,  viz.: 

Resolved,  That  when  charges  are  tabled  against  a  minister,  and  it  is 
impracticable  at  once  to  issue  the  case,  the  Presbytery  has  the  I'ight,  if 
the  interests  of  religion  seem  to  demand  the  measure,  to  suspend  him 
from  the  exercise  of  his  ministerial  functions  until  the  case  shall  have 
been  issued.— 1848,  p.  34,  O.  S. 

2.    Suspension  from  the  ministry  during  process. 

a.  Overtured,  that  a  Committee  be  sent  .to  Rehoboth,  in  the  affair 
between  Mr.  Clement  and  that  people;  and  that  Mr.  Clement  be  sus- 
pended from  the  exercise  of  his  ministry,  until  the  determination  of  that 
Committee.  This  overture  Avas  carried  by  a  vote  in  the  affirmative, 
nemine  contradicente. — 1720,  p.  62. 

b.  On  account  of  Mr.  Miller's  unjustifiable  delay  for  some  years  to 
enter  his  complaint  before  us,  the  irregularity  of  his  proceedings  during 
that  time,  and  the  atrocious  nature  of  the  crimes  laid  to  his  charge,  we 
do  hereby  declare  him  suspended  from  the  exercise  of  the  ministerial 
oflace  till  his  complaint  can  be  fully  heard. — 1769,  p.  396. 


SPECIAL    RULES    PERTAINING    TO    CASES    BEFORE   SESSIONS.  657 

3.    Suspension  from  privileges  of  membership. 

a.  That  as  citation  on  the  foregoing  plan  is  the  commencement  of  a 
process  involving  the  right  of  membership  in  the  Assembly,  therefore, 

Resolved,  That  agreeably  to  a  principle  laid  down.  Chap,  v,  Sec.  ix, 
of  the  Book  of  Discipline  (Old),  the  members  of  said  judicatories  be 
excluded  from  a  seat  in  the  next  Assembly  until  their  case  shall  be  decided. 
Adopted,  yeas,  128;  nays,  122.— 1837,  p.  425. 

b.  The  Assembly  of  1866  excluded  the  commissioners  from  the  Pres- 
bytery of  Louisville  from  a  seat,  until  the  Assembly  should  decide  upon 
the  conduct  of  their  Presbytery,— 1866,  p.  12,  O.  S. 


CHAPTER  V. 


SPECIAL  RULES  PERTAINING  TO  CASES  BEFORE 

SESSIONS. 

XXXIII.  When  an  accused  person  has  been  twice  duly  cited,  and 
refuses  to  appear,  by  himself  or  counsel,  before  a  Session,  or,  appearing, 
refuses  to  answer  the  charge  brought  against  him,  he  shall  be  suspended, 
by  act  of  Session,  from  the  communion  of  the  Church,  and  shall  so 
remain  until  he  repents  of  his  contumacy,  and  submits  himself  to  the 
orders  of  the  judicatory. 

[Note. — See  under  Sec.  xxi,  p.  643,  for  decisions  on  contumacy.] 

XXXIV.  The  censures  to  be  inflicted  by  the  Session  are.  Admonition, 
Rebuke,  Suspension  or  Deposition  from  office,  Su,spension  from  the  com- 
munion of  the  Church,  and,  in  the  case  of  offenders  who  wiU  not  be 
reclaimed  by  milder  measures.  Excommunication. 

[Note. — See  also  under  Sec.  xliii.] 

1.    Censure  is  not  to  be  removed  without  evidence  of  repentance. 

The  Assembly  having  heard  the  complaint  of  the  Presbytery  of  Car- 
lisle against  the  Synod  of  Philadelphia  in  the  case  of  William  S. 
McDowell,  with  the  facts  and  arguments  offered  both  by  the  Presbytery 
and  the  Synod,  judged  that  the  Synod  had  a  constitutional  right  to 
reverse  the  decision  of  the  Presbytery  in  the  case,  either  in  whole  or  in 
part,  as  to  them  might  seem  proper,  but  that  in  the  exercise  of  this 
right  the  Synod  have  not  duly  regarded  the  principles  of  discipline  pre- 
scribed in  the  Constitution,  inasmuch  as  it  appears  by  their  records  that 
they  have  removed  all  censure  from  a  man  whom  they  declare  to  be 
,  deserving  of  rebuke,  without  directing  that  rebuke  to  be  administered, 
and  without  receiving  any  evidence  of  his  penitence. — 1823,  p.  81. 

2.  Deposition  and  excommunication,  distinct  acts, 
a.  The  records  of  the  Synod  of  Geneva  are  approved,  with  the  excep- 
tion of  a  resolution,  which  declares  that  a  deposed  minister  ought  to  be 
treated  as  an  excommunicated  person.  In  the  judgment  of  this  Assem- 
bly, the  deposition  and  excommunication  of  a  minister  are  distinct  things, 
not  necessarily  connected  with  each  other,  but  when  connected,  ought 
42 


658  BOOK    OF    DISCIPLINE,    SECT.    35-37. 

to  be  inflicted  by  the  Presbytery,  to  whom  the  power  of  judging  and 
censuring  ministers  properly  belongs. — 1814,  p.  549. 

b.  Resolved,  That  though  the  causes  which  provoke  deposition  are 
almost  always  such  as  to  involve  the  propriety  of  exclusion  from  the 
sacraments,  yet  the  two  sentences  are  not  essentially  the  same,  the  one 
having  reference  to  office,  and  the  other  to  the  rights  of  membership; 
and,  therefore,  Presbyteries  should  be  explicit  in  stating  both,  when  they 
mean  both.  When,  however,  a  Presbytery  interpret  deposition  to 
involve  suspension  from  the  sacraments,  and  pronounce  the  censure  in 
that  sense,  the  sentence  obviously  includes  both. — 1848,  p.  34,  O.  S. 

XXXV.  The  sentence  shall  be  published,  if  at  all,  only  in  the  church 
or  churches  which  have  been  offended. 


CHAPTER  VI. 


GENERAL  RULES  PERTAINING  TO  THE  TRIAL  OF  A 
MINISTER,  ELDER,   OR  DEACON. 

XXXVI.  As  the  honor  and  success  of  the  gospel  depend,  in  a  great 
measure,  on  the  character  of  its  ministers,  each  Presbytery  ought,  with 
the  greatest  care  and  impartiality,  to  watch  over  their  personal  and  pro- 
fessional conduct.  But  as,  on  the  one  hand,  no  minister  ought,  on 
account  of  his  office,  to  be  screened  from  the  hand  of  justice,  or  his 
offences  to  be  slightly  censured,  so  neither  ought  charges  to  be  received 
against  him  on  slight  gi'ounds. 

XXXVII.  If  a  minister  be  accused  of  an  offence,  at  such  a  distance 
from  his  usual  place  of  residence  as  that  it  is  not  likely  to  become  other- 
wise known  to  his  Presbytery,  it  shall  be  the  duty  of  the  Presbytery 
within  whose  bounds  the  offence  is  alleged  to  have  been  committed,  if  it 
shall  be  satisfied  that  there  is  probable  ground  for  the  accusation,  to 
notify  his  Presbytery  thereof,  and  of  the  nature  of  the  offence;  and  his 
Presbytery,  on  receiving  such  notice,  shall,  if  it  appears  that  the  honor 
of  religion  requires  it,  proceed  to  the  trial  of  the  case. 

1.    Discipline  of  a  minister  can  be  only  by  his  own  Presbytery. 

A  proposition  from  the  Presbytery  of  West  Lexington  and  Louisville 
to  tlie  Assembly  to  authorize  them  to  prosecute  ministers  of  other  Presby- 
teries who  may  preach  heresy  within  their  bounds,  was  taken  up  and 
read. 

Whereupon  it  was  Resolved,  That  the  Constitution  in  Sees,  ii,  iii  or 
iv,  of  Chap.  V,  of  the  Book  of  Discipline  (Old),  contains  sufficient 
provision  on  the  subject  overtured. — 1835,  p.  476. 

2.    Even  when  non-resident. 

The  Presbytery  of  New  York  represented  to  Synod  that  one  of  their 
members  now  resided  in  the  bounds  of  New  Brunswick  Presbytery, 
whose  moral  character  labored  under  some  imputations,  and  requested  the 
advice  of  Synod  as  to  which  of  the  Presbyteries  should  make  the  inquiry 


TRIAL    OF   A    MINISTER,     ELDER,    OR    DEACON.  659 

into  that  matter,  whereupon  the  Synod  judged  it  to  be  the  duty  of  the 
Presbytery  of  New  York.— 1782,  p.  495. 

3.    Boards  have  no  authority  to  sit  in  judgment  on  ministers. 

a.  In  answer  to  the  questions  propounded  by  the  Presbyteries  of  Union 
and  French  Broad,  the  Assembly  would  say,  that  though  they  do  not 
recognize  in  the  Board  of  Missions  the  authority  to  sit  in  judgment  upon 
the  orthodoxy  or  morality  of  any  minister  who  is  in  good  standing  in  his 
own  Presbytery,  yet,  from  the  necessity  of  the  case,  they  must  exercise 
their  own  sound  discretion  upon  the  expediency  or  inexpediency  of 
appointing  or  withholding  an  appointment  from  auy  applicant,  holding 
themselves  amenable  to  the  General  Assembly  for  all  their  official  acts. 
—1830,  p.  290. 

b.  In  all  questions  touching  ....  the  character  of  ministers  the 
Board  of  Home  Missions,  in  cases  of  difference  between  itself  and  the 
Presbytery,  should  abide  by  the  final  judgment  of  the  Presbytery. — 
1883,  p.  644. 

4.    Discipline  6y  Boards  of  Missions,  etc.,  not  recognized. 

The  Third  Presbytery  of  New  York,  by  overture,  inquire  what  order 
it  would  be  proper  for  them  to  take  with  reference  to  a  member  who  has 
been  excluded  from  Christian  fellowship  by  a  ministerial  association 
under  the  patronage  of  the  A.  B.  C.  F.  M. ,  and  dismissed  from  the 
service  of  that  Board  for  immorality,  and  with  whom  a  regular  process 
of  discipline  by  the  Presbytery  is  difficult,  on  account  of  his  distance 
from  them  and  from  any  ecclesiastical  body  of  our  connection.  The 
General  Assembly  reply,  that  the  ecclesiastical  relations  of  the  individual 
in  question  evidently  remain  unchanged  by  the  action  of  persons  not 
organized  under  any  distinct  form  of  government,  and  especially  not 
guided  by  the  principles  of  discipline  to  which  he  was  subject ;  and  the 
only  correct  course  for  the  Presbytery  to  take,  if  they  regard  him  as  a 
proper  subject  of  discipline,  is  to  pursue  precisely  the  forms  of  process 
given  in  our  Book  of  Discipline,  however  difficult  or  protracted  the 
actual  process  may  be. — 1856,  p.  194,  N.  S. 

5.    Ecclesiastical  power  of  a  mission. 

Overture  from  the  Presbyterian  Mission  in  Korea,  asking  for  advice 
as  to  the  ecclesiastical  power  of  a  mission. 

Ansiver :  The  only  recognized  authority  in  the  Presbyterian  Church  in 
matters  of  licensure  and  ordination  is  the  Presbytery,  or  a  Commission 
duly  constituted  by  a  Presbytery.  A  mission  has  no  such  authority. — 
1896,  p.  146. 

6.    Duty  of  a  Presbytery  to  give  notice  of  an  offence. 

Overture  from  the  Presbytery  of  Rock  River,  being  a  question  of 
interpretation  of  the  Book  of  Discipline  (Old),  Chap,  v.  Sec.  iv. 

The  Committee  recommends  the  following  answer: 

When  it  is  alleged  that  a  minister  has  committed  an  offence  in  the 
bounds  of  a  Presbytery  of  which  he  is  not  a  member,  the  Presbytery  in 
the  bounds  of  which  it  is  alleged  the  offence  was  committed  has  per- 
formed its  entire  duty  in  the  premises  when  it  notifies  the  Presbytery  to 
which  he  belongs  of  the  allegation  and  the  grounds  on  which  the  allega- 
tion is  based. 

The  report  was  adopted.— 1869,  p.  922,  O.  S. 


<360  BOOK    OF    DISCIPLINE,    SECT.    37-43. 

7.    A  suspended  licentiate  can  be  restored  only  by  the  Presbytery 
which  suspended  him.    Another  may  take  testimony. 

The  Committee  to  which  was  referred  the  statement  of  the  commis- 
sioner from  the  Presbytery  of  Fayetteville,  respecting  a  licentiate  of  the 
Presbytery  of  Hopewell,  who  had  been  suspended,  both  from  the  privi- 
lege of  preaching  the  Gospel,  and  from  the  enjoyment  of  the  sealing 
ordinances  of  God's  house,  reported  the  following,  which  was  adopted, 
viz. : 

Resolved,  That  the  only  correct  mode  to  be  pursued  by  the  licentiate, 
in  order  to  obtain  restoration  to  his  former  standing,  is  to  make  direct 
application  to  the  Pi'esbytery  of  Hopewell;  and  that  the  Presbytery  of 
Fayetteville  may,  with  propriety,  collect  aud  transmit  to  the  Presbytery 
of  Hopewell,  any  testimony,  touching  the  moral  character  of  said  licen- 
tiate, while  living  within  the  bounds  of  the  Pi'esbytery  of  Fayetteville, 
whenever  requested  by  either  the  licentiate  or  the  Presbytery  of  Hope- 
well.—1822,  p.  39. 

8.    Such  Presbytery  has  no  power  to  try,  but  only  to  take 
testimony. 

That  in  the  opinion  of  this  Assembly,  the  Presbyteries  both  of  Har- 
mony and  Steubenville  appear  to  have  misconceived  the  directions  as 
laid  down  in  Chap,  v.  Sees,  iii,  iv,  of  the  Book  of  Discipline  (Old) ; 
inasmuch  as  those  rules  do  not  transfer  jurisdiction  from  a  Presbyteiy  to 
which  a  minister  belongs,  to  the  one  within  wdiose  bounds  he  resides,  so 
as  to  authorize  the  latter  Presbytery  to  try  such  minister;  but  only  to 
examine  witnesses  in  the  case,  and  transmit  an  authentic  record  of  the 
testimony  to  the  Presbytery  which  made  the  application;  therefore, 

Resolved,  3.  That  the  Presbytery  of  Harmony  is  at  liberty  to  pursue 
such  a  course  in  the  case  of  Mr.  Belknap  as  the  circumstances  of  the 
case  and  the  good  of  religion  shall  in  their  opinion  require. — 1831,  p. 
339. 

XXXVIII.  If  a  minister  accused  of  an  offence  refuses  to  appear  by 
himself  or  counsel,  after  being  twice  duly  cited,  he  shall,  for  his  contu- 
macy, be  suspended  from  his  office;  and  if,  after  another  citation,  he 
refuses  to  appear  by  himself  or  counsel,  he  shall  be  suspended  from  the 
communion  of  the  Church. 

XXXIX.  If  a  judicatory  so  decides,  a  member  shall  not  be  allowed, 
while  charges  are  pending  against  him,  to  deliberate  or  vote  on  any 
question. 

XL.  If  the  accused  be  found  guilty,  he  shall  be  admonished,  rebuked, 
suspended  or  deposed  from  office  (with  or  without  suspension  from  church 
privileges,  in  either  case),  or  excommunicated.  A  minister  suspended 
from  office  may,  at  the  expiration  of  one  year,  unless  he  gives  satisfac- 
tory evidence  of  repentance,  be  deposed  without  further  trial. 

1.    Sentence  may  be  passed  on  confession. 

From  the  Session  of  the  First  Presbyterian  Church,  Knoxville,  la., 
asking  if  the  accused  person,  before  a  Committee  regularly  appointed  by 
the  judicatory  for  private  interview,  confess  guilt  and  willful  persistence 
in  sin,  and,  afterward  appearing  before  the  judicatory  upon  the  first  cita- 


TRIAL    OF    A    MINISTER,    ELDER,    OR    DEACON.  661 

tion,  again  confesses  guilt  and  ^villful  persistence  in  sin,  may  the  judica- 
tory proceed  to  pass  their  sentence  without  a  further  process  of  trial  ? 
Answered  in  the  affirmative. — 1879,  p.  613. 

[Note. — See  Book  of  Discipline,  Sec.  xlvii,  "Cases  without  Process."] 

2.    A  suspended  minister  may  not  exercise  any  function  of  the 

ministry. 

That  in  the  opinion  of  this  Assembly,  ministers  of  the  Presbyterian 
Church,  when  regularly  suspended  by  the  competent  judicatories,  have 
no  right  to  exercise  the  functions  of  a  minister  during  that  suspension. — 
1825,  p.  156. 

3.    Does  not  rank  as  a  "common  Christian  in  good  standing." 

The  Committee  appointed  to  examine  the  records  of  the  Synod  of 
Geneva  reported,  that  the  book  be  approved,  with  the  exception  of  pp. 
270  and  271,  where  the  conduct  of  the  Presbytery  of  Ontario  is  censured 
for  condemning  the  conduct  of  Mr.  Foreman,  a  suspended  minister,  for 
exercising  the  rights  of  a  common  Christian,  in  illustrating  Scripture 
and  delivering  exhortations;  because,  without  deciding  on  the  rights  of 
common  Christians  in  this  matter,  Mr.  Foreman,  being  suspended  from 
the  ministry,  ought  by  no  means  to  be  considered  as  occupying  the  ground 
of  a  common  Christian  in  good  standing.  — 1821,  reprint,  p.  15. 

[Note. — Mr.  Foreman  was  suspended  for  immorality,  but  persisted  "in  illustrating 
Scripture  and  delivering  exhortations."  This  conduct  the  Presbytery  of  Ontario 
"  condemned."  The  Synod  censured  the  Presbytery  for  its  condemnation  of  the  con- 
duct of  Mr.  Foreman.  On  review  of  the  records  of  the  Synod  of  Geneva,  the  Assem- 
bly made  the  above  deliverance.] 

4.    The  name  of  a  suspended  minister  is  to  remain  upon  the  roll. 

a.  The  records  of  the  Synod  of  Northern  Indiana  approved  except  that, 
on  p.  54,  the  Synod  censure  the  Presbytery  of  Michigan  for  retaining  the 
name  of  Mr.  NicoU  on  the  roll  after  suspending  him  from  the  Gospel  min- 
istry. Your  Committee  are  of  the  opinion  that  the  name  of  a  suspended 
minister  should  be  retained  on  the  roll  of  Presbytery  till  they  proceed  to 
the  higher  censure,  though  he  be  deprived  of  the  exercise  of  his  minis- 
terial functions.     The  report  was  adopted. — 1847,  p.  398,  O.  S. 

b.  From  the  Presbytery  of  Redstone,  asking  if  it  is  proper  to  remove 
the  name  of  a  suspended  member  of  the  Presbytery  from  its  roll,  and 
place  it  in  a  private  register.  Your  Committee  recommend  that  this 
overture  be  answered  in  the  negative.     Adopted. — 1882,  p.  96. 

XLI.  Heresy  and  schism  may  be  of  such  a  nature  as  to  call  for 
deposition;  but  errors  ought  to  be  carefully  considered,  whether  they 
strike  at  the  vitals  of  rehgion  and  are  industriously  spread,  or  whether 
they  arise  from  the  weakness  of  the  human  understanding,  and  are  not 
likely  to  do  much  injury. 

XLII.  If  the  Presbytery  finds,  on  trial,  that  the  matter  complained 
of  amounts  to  no  more  than  such  acts  of  infirmity  as  may  be  amended 
and  the  people  satisfied,  so  that  little  or  notliing  remains  to  hinder  the 
usefulness  of  the  offender,  it  shall  take  all  prudent  measures  to  remove 
the  evil. 

XLIII.  A  minister  deposed  for  immoral  conduct  shall  not  be  restored, 
even  on  the  deepest  sorrow  for  his  sin,  until  after  some  considerable  time 


662  BOOK    OF    DISCIPLINE,    SECT.    43-44. 

of  eminent  and  exemplary,  humble  and  edifying  conduct ;  and  he  ought 
in  no  case  to  be  restored,  until  it  shall  clearly  appear  to  the  judicatory 
within  whose  bounds  he  resides,  that  the  restoration  can  be  effected  with- 
out injury  to  the  cause  of  religion;  and  then  only  by  the  judicatory  inflict- 
ing the  censure,  or  with  its  advice  and  consent. 

1.  One  Presbytery  may  not  restore  a  minister  deposed  by  another. 

a.  A  memorial  of  the  Rev.  George  D.  Stewart  and  others,  that  the 
General  Assembly  would  take  action  and  give  relief  in  the  case  of  Rev. 
Michael  Hummer,  who,  having  been  deposed  by  the  Presbytery  of  Iowa, 
had  been  restored  by  the  Presbytery  of  Highland,  against  the  remon- 
strance of  the  Presbytery  of  Iowa,  just  as  if  he  was  an  independent 
minister. 

It  is  recommended  that  this  General  Assembly  declare  that  it  is  irreg- 
ular and  unconstitutional  for  any  Presbytery  to  receive  and  restore  a 
member  of  another  Presbytery  who  has  been  deposed ;  and  therefore  the 
action  of  the  Presbytery  of  Highland  in  restoring  Mr.  Hummer  wa& 
improper;  and  the  Presbytery  of  Highland  is  directed  to  reconsider  its- 
action,  and  proceed  according  to  the  requirements  of  the  Constitution. 
The  report  was  adopted. — 1862,  p.  608,  O.  S. 

b.  And  whereas,  The  (O.  S. )  General  Assembly  (pp.  159  and 
160,  Moore's  Digest,  1886)  decided  in  1862  that  "  a  Presbytery  may 
not  restore  a  minister  deposed  by  another,"  and  the  (N.  S. )  General 
Assembly  (pp.  617  and  618,  Moore's  Digest,  1873),  in  1858,  decided 
"  that  only  the  Presbytery  which  deposed  a  minister  has  jurisdiction  over 
him,"  therefore  Resolved,  That  the  Presbytery  of  Furrukhabad  erred  in 
receiving  and  restoring  to  the  ministry  the  said  John  S.  Woodside,  while 
he  Avas  under  sentence  of  deposition  by  the  Presbytery  of  Saharanpur, 
and  in  accordance  with  the  action  of  the  General  Assembly  in  a  similar 
case  between  Presbyteries  of  our  own  Church  (see  Moore's  Digest,  pp. 
159  and  160),  this  Assembly  directs  the  Presbytery  of  Furrukhabad  to 
reconsider  its  action,  and  proceed  according  to  the  requirements  of  the 
Constitution,  as  provided  for  the  guidance  of  our  Presbyteries  in  similar 
circumstances  between  themselves.     Adopted. — 1883,  pp.  628,  629. 

2.  Restoration  of  a  deposed  minister  conditioned  on  conduct  under 

sentence. 

An  extract  from  the  records  of  the  Presbj'tery  of  IS'ew  York  was  laid 
before  the  Assembly  and  read.  From  this  and  the  explanation  given,  it 
appeared  that  a  certain  Aaron  C.  Collins,  formerly  a  member  of  that 
Presbytery,  had  been  deposed  by  them  from  the  office  of  the  Gospel 
ministry ;  that  the  crimes  for  which  he  Avas  deposed  were  scandalous  and 
highly  aggravated ;  that  his  submission  to  the  sentence  of  deposition  had 
been  only  partial,  he  having  exercised  the  functions  of  a  Gospel  minister 
during  a  part  of  the  time  he  lay  under  the  sentence;  that  Mr.  Collins 
had  lately  applied  to  that  Presbytery  to  restore  him  to  his  office,  and 
certain  circumstances  were  stated  as  evidence  of  his  penitence.  The 
Presbytery  therefore  requested  the  advice  of  the  General  Assembly  in 
the  premises.  And  a.s  the  principal  crime  for  which  Mr.  Collins  had 
been  deposed  had  been  committed  within  the  limits  of  the  General  Asso- 
ciation of  Connecticut,  which  had  formerly  taken  cognizance  of  the 
offence,  the  Presbytery  requested  the  cooperation  of  the  Assembly  for 
bringing  the  case  before  the  Association  for  their  advice. 


TRIAL   OF    A    MINISTER,    ELDER,    OR    DEACON.  66? 

The  Assembly  having  taken  this  subject  into  consideration,  and 
obtained  the  necessary  information, 

Resolved,  1.  That  they  cannot  advise  the  Presbytery  of  New  York  to 
restore  Mr.  Collins  under  existing  circumstances. 

2.  That  this  Assembly  comply  with  the  latter  request  made  by  the 
Presbytery  of  New  York :  they  accordingly  did,  and  hereby  do  enjoin 
it  on  their  delegates  to  the  next  General  Association,  to  take  the  neces- 
sary measures  for  bringing  this  subject  before  that  body,  for  their  advice. 
—1805,  reprint,  p.  335. 

The  delegates  from  the  last  General  Assembly,  to  the  General  Associa- 
tion of  Connecticut,  reported, 

"  That  they  fulfilled  the  duties  of  their  appointment,  and  attended 
diligently  all  the  sessions  of  the  reverend  body  to  which  they  were  dele- 
gated; that  agreeably  to  the  direction  of  the  General  Assembly,  they 
laid  before  the  Association  the  papers  relative  to  Mr.  Aaron  C.  Collins, 
and  requested  their  concurrence  in  the  resolution  of  the  Assembly  rela- 
tive to  that  man.  After  the  examination  of  these  papers,  the  Association 
readily  concurred  in  the  Assembly's  resolution,  and  gave  it  as  their 
decided  opinion,  that  as  he  had  treated  the  sentence  of  deposition  by 
the  Presbytery  of  New  York  with  contempt,  in  partially  exercising  the 
functions  of  the  Gospel  ministry  when  deposed  from  his  office,  it  would 
be  improper  to  restore  him  till  he  gave  better  evidence  of  his  penitence, 
and  likewise  manifested  sorrow  for  disregarding  the  authority  of  the 
Presbytery." — 1806,  reprint,  p.  348. 

3.  The  Assembly  recommends  restoration,  the  ends  of  discipline 

being  gained. 

Resolved,  That  the  prayer  of  the  memorialist  be  granted  so  far  as  that 
this  General  Assembly  recommend  to  the  Presbytery  of  Fayetteville  to 
reconsider  their  decision  in  the  case  of  the  Rev.  Archibald  McQueen ; 
and  if,  in  their  judgment,  it  should  appear  conducive  to  the  peace  of 
the  Church,  and  the  promotion  of  religion  in  the  region  around  them, 
to  restore  Mr.  McQueen  to  the  communion  of  the  Church,  and  to  the 
exercise  of  the  functions  of  the  Gospel  ministry,  on  the  ground  that  in 
his  case  the  ends  of  discipline  are  attained  by  the  operation  of  the 
sentence  under  which  Mr.  McQueen  has  been  lying  for  a  period  of  three 
years.— 1845,  p.  32,  O.  S. 

[Note. — Mr.  McQueen  had  been  suspended  from  the  ministry  for  marrying  the 
sister  of  his  deceased  wife.] 

4.  When  the  names  of  deposed  ministers  are  to  be  published. 

Resolved,  That  it  be  recommended  to  the  Presbyteries  under  the  care 
of  the  General  Assembly,  when  they  shall  depose  any  of  their  members 
from  the  exercise  of  the  ministerial  office;  and  when  any  person  so 
deposed  shall,  without  having  been  regularly  restored,  assume  the  minis- 
terial character,  or  attempt  to  exercise  any  of  the  ministerial  functions, 
that  in  such  case,  with  a  view  to  prevent  such  deposed  person  from 
imposing  himself  on  the  churches,  Presbyteries  be  careful  to  have  his 
name  publish-ed  in  the  Assembly's  magazine,  as  deposed  from  the  minis- 
try, that  all  the  churches  may  be  enabled  to  guard  themselves  against 
such  dangerous  impositions. — 1806,  p.  360. 

XLIV.  If  a  minister  is  deposed  without  excommunication,  his  pulpit, 
if  he  is  a  pastor,  shall  be  declared  vacant;  and  the  Presbytery  shall  give 


664  BOOK    OF    DISCIPLIKE,    SECT.    44-50. 

him  a  letter  to  any  church  with  which  he  may  desire  to  connect  himself 
where  his  lot  may  be  cast,  in  which  shall  be  stated  his  exact  relation  to 
the  Church.  K  a  pastor  is  suspended  from  office  only,  the  Presbytery 
may,  if  no  appeal  from  the  sentence  of  suspension  is  pending,  declare 
his  pulpit  vacant. 

1.    A  minister  who  has  been  deposed  returns  to  the  condition  of  a 
private  member,  and  must  be  reordained  if  restored. 

Is  reordination  necessary  in  the  restoration  of  a  deposed  minister  to  the 
sacred  office  ?  And  in  view  of  the  provisions  of  the  Revised  Book  of 
Discipline,  will  reordination  be  necessary  in  the  restoration  to  the  minis- 
try of  those  by  whom  the  office  has  been  demitted  ? 

The  Committee  recommends  the  following  answer: 

It  is  the  judgment  of  this  General  Assembly  that  when  a  minister  is 
deposed  his  office  is  taken  from  him,  he  becomes  a  layman,  and  according 
to  the  New  Book  of  Discipline,  Sec.  xliv,  he  is  to  be  enrolled  as  a  com- 
municant in  a  particular  church.  Should  he  be  recalled  to  the  ministry, 
therefore,  he  should  be  reordained. 

The  same  course  ought  to  be  adopted  in  the  restoration  of  one  who  has 
demitted  the  ministry;  inasmuch  as  the  Book  of  Discipline,  Sec.  li, 
describes  one  who  has  demitted  the  sacred  office  as  returning  "  to  the 
condition  of  a  private  member  of  the  Church."  Adopted. — 1884,  p. 
115. 

[Note.— See  also  Book  of  Discipline,  Sec.  li,  p.  667.]. 

XLV.  A  Presbytery  may,  if  the  edification  of  the  Church  demand 
it,  require  an  accused  minister  to  refrain  from  the  exercise  of  his  office 
until  final  action  in  the  case  shall  be  taken:  provided,  that  in  all  cases  a 
speedy  investigation  or  trial  shall  be  had. 

[Note.— See  under  Book  of  Discipline,  Sec.  xxxii,  p.  656.] 

XLVI.  In  process  by  a  Session  against  a  ruling  elder  or  deacon,  the 
provisions  of  this  chapter,  so  far  as  applicable,  shall  be  observed. 

(Note.— As  adopted  in  1884,  Sec.  xlvi  read  as  follows  : 

XLVI.  "  In  process  by  a  Presbytery  against  an  acting  elder,  or  by  a  Session  against 
a  Deacon,  the  provisions  of  this  chapter,  so  far  as  applicable,  shall  be  observed."  See 
Note,  Sec.  xviii,  p.  642.    This  form  of  the  Section  was  rejected  in  1885.] 


CHAPTER  VII. 
OF  CASES  WITHOUT  PROCESS. 

XLVII.  If  a  person  commits  an  offence  in  the  presence  of  a  judica- 
tory, or  comes  forward  as  his  own  accuser  and  makes  known  his  offence, 
the  judicatory  may  proceed  to  judgment  without  process,  giving  the  offender 
an  opportunity  to  be  heard ;  and  in  the  case  first  named  he  may  demand 
a  delay  of  at  least  two  days  before  judgment.  The  record  must  show 
the  nature  of  the  offence,  as  well  as  the  judgment  and  the  rea.sons  there- 
for, and  appeal  may  be  taken  from  the  judgment  as  in  other  cases. 


OF  CASES   WITHOUT   PE0CE8S.  665 

XLVIII.  If  a  communicaut,  not  chargeable  with  immoral  conduct, 
inform  the  Session  that  he  is  fully  persuaded  that  he  has  no  right  to  come 
to  the  Lord's  Table,  the  Session  shall  confer  with  him  on  the  subject,  and 
may,  should  he  continue  of  the  same  mind,  and  his  attendance  on  the  other 
means  of  grace  be  regular,  excuse  him  from  attendance  on  the  Lord's 
Supper;  and,  after  fully  satisfying  themselves  that  his  judgment  is  not 
the  result  of  mistaken  views,  shall  erase  his  name  from  the  roll  of  com- 
municants, and  make  record  of  their  action  in  the  case. 

XLIX.  If  a  communicant,  not  chargeable  with  immoral  conduct, 
removes  out  of  the  bounds  of  his  church,  without  asking  for  or  receiving 
a  regular  certificate  of  dismission  to  another  church,  and  his  residence  is 
known,  the  Session  may,  within  two  years,  advise  him  to  apply  for  such 
certificate;  and,  if  he  fails  so  to  do,  without  giving  sufficient  reason,  his 
name  may  be  placed  on  the  roll  of  suspended  members,  until  he  shall 
satisfy  the  Session  of.  the  propriety  of  his  restoration.  But,  if  the 
Session  has  no  knowledge  of  him  for  the  space  of  three  years,  it  may 
erase  his  name  from  the  roll  of  communicants,  making  record  of  its  action 
and  the  reasons  therefor.  In  either  case,  the  member  shall  continue 
subject  to  the  jurisdiction  of  the  Session.  A  separate  roll  of  all  such 
names  shall  be  kept,  stating  the  relations  of  each  to  the  church. 

1.    When  one  whose  name  is  erased  may  be  received  by  another 

church. 

Overture,  from  the  Presbytery  of  Philadelphia  Central:  "When  the 
name  of  a  person  has  been  erased  from  the  roll  of  commuuicants,  when 
he  has  been  absent  three  years  and  his  residence  unknown  (Book  of 
Discipline,  Sec.  xlix),  and  when  he  is  still  subject  to  the  jurisdiction  of 
the  Session  which  erased  his  name,  is  it  right  for  the  Session  of  any  other 
Presbyterian  church  to  receive  such  person  to  their  communioQ  on  profes- 
sion of  faith  ?" 

We  recommend  as  answer:  Not  if  restored  standing  in  the  church 
to  which  he  belongs,  and  regular  dismission  therefrom,  are  possible. 
Adopted.— 1887,  p.  81. 

L.  If  any  communicant,  not  chargeable  with  immoral  conduct, 
neglects  the  ordinances  of  the  Church  for  one  year,  and  in  circumstances 
such  as  the  Session  shall  regard  to  be  a  serious  injury  to  the  cause  of 
religion,  he  may,  after  afiectionate  visitation  by  the  Session,  and  admoni- 
tion if  need  be,  be  suspended  from  the  communion  of  the  Church  until 
he  gives  satisfactory  evidence  of  the  sincerity  of  his  repentance,  but  he 
shall  not  be  excommunicated  without  due  process  of  discipline, 

1.    Willful  absenting  oneself  from  the  ordinances  of  God's  house 

is  an  offence. 

a.  The  decision  of  the  General  Assembly  in  the  case  of  the  appeal  of 
Alexander  Frazer  against  a  decision  of  the  Synod  of  Buffalo  refusing  to 
sustain  his  appeal,  and  affirming  the  decision  of  the  lower  courts  suspending 
him  from  the  communion   of    the  Church  on  the  charge  of  a   willful 


666  BOOK    OF    DISCIPLINE,    SECT,    50-53. 

absenting  of  himself  from  the  ordinances  of  God's  house  for  the  space  of 
a  year  and  a  half,  is  that  the  appeal  be  not  sustained,  but  the  decision 
of  the  Synod  affirmed: 

1.  Because  the  conduct  charged,  if  the  appellant  was  justly  chargeable 
with  such  conduct,  was  a  high  offence. 

2.  Because  it  was  openly  acknowledged  in  court  by  the  appellant  that 
he  was  chargeable  with  the  offence  charged,  and  this  is  not  denied  by  any 
party.— 1859,  pp.  546,  547,  O.  S. 

b.  The  Assembly  took  up  the  complaint  of  the  Rev.  N,  West,  D.  D., 
against  the  Synod  of  New  York. 

Mr.  Rowland  had  absented  himself  from  the  ordinances  of  the  Second 
Church  of  Brooklyn,  N.  Y.,  for  some  months.  Upon  application  for 
his  certificate,  the  Session  gave  him  a  certificate,  omitting  the  words  ' '  at 
present  in  good  and  regular  standing, ' '  and  substituting  for  them  a  testi- 
monial to  his  previous  good  Christian  character,  inserting  at  the  same 
time  a  statement  of  the  fact  of  his  recent  absence  from  the  ordinances  of 
the  Church.  Mr.  Rowland  brought  a  complaint  against  the  Session  before 
the  Presbytery  of  Nassau,  and  the  Presbytery  sustained  the  complaint. 
Mr.  West  complained  to  the  Synod  against  the  Presbytery.  The  Synod 
of  New  York,  sustained  the  complaint  of  Rev.  N.  West  against  the 
Presbytery,  and  then,  in  its  final  minute,  ordered  a  letter  in  the  usual 
form  to  be  given  to  Mr.  Rowland.  Against  the  decision  of  the  Synod 
in  adopting  this  minute  Mr.  AYest  complains It  was 

Resolved,  That  the  complaint  of  the  Rev.  N.  AVest,  D.D.,  be  sus- 
tained, and  the  decision  of  the  Synod  in  its  final  minute  be  and  it  hereby 
is  reversed ;  and  further  that  the  S}'Tiod  erred  in  prescribing  to  the  Session 
of  the  Second  Church  of  Brooklyn  the  form  of  a  certificate  to  be  granted 
to  Mr.  Rowland  after  they  had  already  granted  a  certificate  to  him  Avhich 
was  agreeable  to  the  Constitution  of  the  Church  and  to  the  truth. — 1864, 
p.  328,  O.  S. 

2.    Disagreement  with  a  pastor  no  excuse  for  willful  absence. 

The  appeal  and  complaint  of  G.  A.  Hotchkiss  against  the  Synod  of 
Indiana  for  sustaining  the  Session  of  Pleasant  Township  Church  and  the 
Presbytery  of  Madison  in  censuring  him  for  absenting  himself  from 
pulilic  worship  on  account  of  disagreement  with  his  pastor.  The  papers 
Avere  read  in  order,  the  regular  process  prescribed  in  the  book  was 
observed,  and  the  Assembly  voted  unanimously  that  the  action  of  the 
inferior  courts  be  sustained  and  confirmed. — 1854,  p.  44,  0.  S. 

3.    Discipline  enjoined  for  willful  absence. 

Is  it  consistent  with  regular  standing  in  our  Church  for  church  members 
to  be  supporters  and  attendants  in  other  churches  not  of  our  communion, 
while  absenting  themselves  from  and  refusing  to  support  the  church  to 
which  they  belong  ? 

The  Committee  recommend  that  the  question  be  answered  in  the 
negative,  with  an  injunction  on  church  Sessions  to  make  such  cases  a 
matter  of  discipline.     Adopted.  — 1865,  p.  537,  O.  S. 

4.    Excommunication  may  not  be  without  trial. 

"  Is  it  within  the  province  of  the  Session  to  excommunicate  without 
formal  trial  a  church  member  who  makes  a  written  confession  of  haAang 


OF   CASES   WITHOUT    PROCESS.  667 

embraced  heretical  views,  and  in  consequence  having  violated  covenant 
by  long-continued  absence  from  the  ordinances  of  the  Church,  and  who 
requests  to  be  cut  off  from  the  church  ?' '  The  Committee  recommend 
that  the  party  asking  the  above  question  be  referred  to  the  Book  of  Dis- 
cipline (Old),  Chap,  iv,  and  such  Session  be  urged  to  follow  strictly 
the  order  laid  down  iherein.     Adopted.  — 1865,  p.  12,  N.  S. 

LI.  If  a  minister,  otherwise  in  good  standing,  shall  make  application 
to  be  released  from  the  office  of  the  ministry,  he  may,  at  the  discretion 
of  the  Presbytery,  be  put  on  probation,  for  one  year  at  least,  in  such  a 
manner  as  the  Presbytery  may  direct,  in  order  to  ascertain  his  motives 
and  reasons  for  such  a  relinquishment.  And  if,  at  the  end  of  this  period, 
the  Presbytery  be  satisfied  that  he  cannot  be  useful  and  happy  in  the 
exercise  of  his  ministry,  they  may  allow  him  to  demit  the  office,  and 
return  to  the  condition  of  a  private  member  in  the  Church,  ordering  his 
name  to  be  stricken  from  the  roll  of  the  Presbytery,  and  giving  him  a 
letter  to  any  church  with  which  he  may  desire  to  connect  himself. 

[Note. — Deliverances  of  the  Assembly,  so  far  as  they  forbade  the  demission  of  the 
ministry,  have  been  annulled  by  the  above  section.] 

LII.  If  a  communicant  renounces  the  communion  of  this  Church  by 
joining  another  denomination,  without  a  regular  dismission,  although 
such  conduct  is  disorderly,  the  Session  shall  take  no  other  action  in  the 
case  than  to  record  the  fact,  and  order  his  name  to  be  erased  from  the 
roll.  If  charges  are  pending  against  him,  these  charges  may  be  prose- 
cuted. 

LIII.  If  a  minister,  not  otherwise  chargeable  with  an  offence, 
renounces  the  jurisdiction  of  this  Church,  by  abandoning  the  ministry, 
or  becoming  independent,  or  joining  another  denomination  not  deemed 
heretical,  without  a  regular  dismission,  the  Presbytery  shall  take  no 
other  action  than  to  record  the  fact  and  to  erase  his  name  from  the  roll. 
If  charges  are  pending  against  him,  he  may  be  tried  thereon.  If  it 
appears  that  he  has  joined  another  denomination  deemed  heretical,  he 
may  be  suspended,  deposed,  or  excommunicated. 

[Note. — See,  also,  in  this  Digest,  pp.  208  and  211.  Sec.  liii,  however,  makes  void 
certain  deliverances  of  the  Assembly,  made  before  its  adoption  in  1884.] 

1.    To  strike  from  the  roll  the  name  of  a  minister  withdrawing  while 
under  investigation,  is  unconstitutional  and  void. 

The  letter  of  Rev.  T.  M.  Dawson  to  the  Presbytery  of  San  Francisco, 
August  7,  1875,  was,  according  to  the  concession  of  both  parties  to  the 
complaint,  understood  and  acted  upon  as  an  announcement  of  his  with- 
drawal from  the  Presbyterian  ministry.  As  such  withdrawal,  while  the 
Presbytery  Avas  prosecuting  inquiries  in  regard  to  the  character  and  con- 
duct of  the  minister  professing  to  withdraw,  finds  no  sanction  in  the  Form 
of  Government  and  precedents  of  the  Church,  the  striking  of  the  name 
of  Rev.  T.  M.  Dawson  from  the  roll  of  the  Presbytery  was  unconstitu- 
tional and  void. — 1876,  p.  449. 


668  BOOK    OF    DISCIPLINE,    SECT.    53-56. 

2.  A  minister's  name  may  not  be  stricken  from  the  roll,  except 
by  his  consent,  by  discipline,  or  by  his  having  recognized 

some  other  jurisdiction,  or  by  becoming  independent. 

Overture,  beiug  a  request  from  the  Presbytery  of  West  Chester  that 
the  Assembly  shall  define  the  authority  of  Presbyteries,  in  regard  to 
taking  from  the  roll  the  names  of  ministers  serving  churches  in  other 
denominations.  The  Committee  recommend  the  adoption  of  the  fol- 
lowing : 

Siuce  the  adoption  of  the  Revised  Book  of  Discipline,  especially 
Sec.  liii  in  Chap,  vii,  a  Presbytery  has  no  authority  to  take  a  minis- 
ter's name  from  the  roll,  witliout  his  consent,  except  by  discipline,  unless 
he  has  said  or  done  something,  which  either  recognizes  some  other  ecclesi- 
astical jurisdiction  over  him,  or  declares  his  independence.  Adopted. — 
1885,  p.  604. 

3.  Those  who  entertain  views  irreconcilable  with  our  Standards 

urged  to  withdraw. 

a.  While,  in  accordance  with  complete  freedom  of  conscience,  the 
General  Assembly  would  urge  upon  all,  fidelity  to  our  doctrinal  Stand- 
ards, they  would  at  the  same  time  earnestly  advise  any  one  who  may 
entertain  views  irreconcilable  with  our  Standards,  to  take  the  authorized 
course,  after  consultation  with  his  Presbytery,  and  peacefully  withdraw 
from  the  ministry  of  our  Church. — 1878,  p.  99. 

b.  The  General  Assembly  would  remind  all  under-  its  care  that  it  is  a 
fundameutal  doctrine  that  the  Old  and  New  Testaments  are  the  inspired 
and  infallible  Word  of  God.  Our  Church  holds  that  the  inspired  Word, 
as  it  came  from  God,  is  without  error.  The  assertion  of  the  contrary 
cannot  but  shake  the  confidence  of  the  people  in  the  sacred  Books.  All 
who  enter  office  in  our  Church  solemnly  profess  to  receive  them  as  the 
only  infallible  rule  of  faith  and  practice.  If  they  change  their  belief 
on  this  point.  Christian  honor  demands  that  they  should  withdraw  from 
our  ministry.  They  have  no  right  to  use  the  pulpit  or  the  chair  of  the 
professor  for  the  dissemination  of  their  errors  until  they  are  dealt  with 
by  the  slow  process  of  discipline.  But  if  any  do  so  act,  their  Presbyteries 
should  speedily  interpose,  and  deal  with  them  for  violation  of  ordination 
vows.  The  vow  taken  at  the  beginning  is  obligatory  until  the  party  taking 
it  is  honorably  and  properly  released.  The  General  Assembly  enjoins 
upon  all  ministers,  elders  and  Presbyteries,  to  be  faithful  to  the  duty 
here  imposed. — 1892,  p.  179. 

4.    Names  of  ministers  whose  residence  is  unknown  to  be  kept  on 

a  reserved  roll. 

Overture  from  the  Presbytery  of  Brooklyn,  asking  that  ministers 
whose  names  are  now  on  the  rolls  of  Presbyteries,  and  are  reported  from 
year  to  year,  though  it  is  not  known  where  they  reside,  or  whether  they 
are  living  or  not,  may  be  reported  apart  from  others,  their  names  being 
printed  on  a  Eeserved  Roll ;  and  that  the  Presbyteries  be  directed  to 
place  their  names  on  Reserved  Rolls  in  their  respective  reports  to  the 
As.serably,  and  not  to  count  them  in  determining  their  representation  in 
the  Assembly. 

The  Committee  recommend  that  the  request  be  granted.  Adopted. — 
1891,  p.  106. 


OF    CASES   WITHOUT    PROCESS.  669 

5.    Minister  absent  and  residence  unknown,  stricken  from  the  roll 
without  prejudice  to  ministerial  standing. 

Overture  from  the  Presbytery  of  Columbus,  asking  leave  to  erase  the 
name  of  the  Rev.  Emil  Sage  from  its  roll  without  prejudice  to  his  minis- 
terial standing.  Mr.  Sage  having  been  received  into  the  Presbytery  in 
1882  under  the  regulations  applicable  to  foreign  ministers,  has  now  been 
absent  from  the  country  for  several  years,  having  probably  returned  to 
Europe,  and  his  residence,  after  due  effort,  cannot  be  ascertained. 

We  recommend  that  the  permission  asked  for  by  the  Presbytery  be 
granted.     Adopted.— 1888,  p.  110. 


CHAPTER  VIII. 
OF  EVIDENCE. 


LIV.  Judicatories  ought  to  be  very  careful  and  impartial  in  receiving 
testimony.  Not  every  person  is  competent,  and  not  every  competent 
person  is  credible,  as  a  witness. 

LV.  All  persons,  whether  parties  or  otherwise,  are  competent  witnesses, 
except  such  as  do  not  believe  in  the  existence  of  God,  or  a  future  state 
of  rewards  and  punishments,  or  have  not  suflficient  intelligence  to  under- 
stand the  obligation  of  an  oath.  Any  witness  may  be  challenged  for 
incompetency,  and  the  judicatory  shall  decide  the  question. 

1.  A  prosecutor  may  testify. 
Exception  to  records  of  Synod  of  Philadelphia.  That  on  p.  18,  res.  2, 
decides,  That  a  prosecutor  cannot  be  a  witness  in  the  same  case ;  whereas 
a  prosecutor  in  behalf  of  common  fame  is  not  excluded  from  bearing 
testimony,  nor  does  our  Book  exclude  any  prosecutor  from  bearing  testi- 
mony on  either  side  of  a  case  pending. — 1858,  reprint  p.  565,  O.  S. 

LVI.  The  credibility  of  a  witness,  or  the  degree  of  credit  due  to  his 
testimony,  may  be  affected  by  relationship  to  any  of  the  parties;  by 
interest  in  the  result  of  the  trial ;  by  want  of  proper  age ;  by  weakness 
of  understanding ;  by  infamy  or  malignity  of  character ;  by  being  under 
church  censure;  by  general  rashness  or  indiscretion;  or  by  any  other 
circumstances  that  appear  to  affect  his  veracity,  knowledge,  or  interest 
in  the  case. 

1.    Credibility  of  a  witness  to  be  determined  by  the  judicatory. 

An  overture  from  the  Presbytery  of  Ningpo,  China,  asking: 

1.  In  Form  of  Government,  Chap,  ix.  Sec.  vi,  are  non-church- 
members  included  in  the  expression,  "  other  witnesses,"  or  does  it  refer 
only  to  witnesses  from  other  congregations  ? 

2.  May  a  heathen  of  good  repute  appear  as  a  witness  before  a  church 
Session  in  a  case  of  discipline  ? 

Answer :  Persons  who  are  not  church-members,  even  though  heathen, 
in  good  repute,  may  be  admitted  to  testify.  Their  credibility  is  to  be 
determined  by  the  judicatory.  (See  Discipline  (Old),  Chap,  vi,  Sees. 
i,  ii  and  iv.)     Adopted.— 1881,  p.  585, 

[Note. — See  below,  Sec.  Ivii.] 


670  BOOK    OF    DISCIPLINE,    SECT.    57-58. 

LVII.  A  husband  or  wife  shall  be  a  competent  witness  for  or  against 
the  other,  but  shall  not  be  compelled  to  testify. 

1.    Husband  and  wife  competent  witnesses  in  the  same  case. 

The  Assembly  went  into  the  consideration  of  the  case  reported  by  the 
Presbytery  of  Ohio,  which  was  in  the  following  terms:  "  A  certain 
married  woman  charges  an  unmarried  man  with  immodest  conversation 
and  conduct  in  attempts  upon  her  chastity,  of  which  her  husband  and 
another,  or  indifferent  person,  were  at  a  certain  time  witnesses.  Whereas 
our  Constitution  declares  that  a  person  accused  shall  not  be  convicted  by 
a  single  witness,  can  the  said  woman  and  her  husband  be  admitted  wit- 
nesses in  the  above  case  ?' ' 

To  the  above  question  the  Assembly  answered,  that  in  all  such  cases 
as  that  submitted  by  the  Presbytery  of  Ohio,  it  is  a  principle  that  both 
the  husband  and  wife  are  to  be  admitted  to  give  testimony.  But  in 
every  particular  case  as  it  occurs,  the  judicature  before  whom  it  is  tried 
ought,*  in  order  to  guard  against  collusion,  to  pay  a  very  scrupulous 
regard  to  all  the  circumstances  attending  it,  and  especially  to  the  charac- 
ters of  those  who  are  admitted  as  evidences,  so  that  on  one  hand  the 
necessity  of  the  case  may  be  consulted,  and  on  the  other,  that  no  injury 
may  result  to  an  innocent  person. — 1797,  p.  128. 

LVIII.  Evidence  may  be  oral,  written  or  printed,  direct  or  circum- 
stantial. A  charge  may  be  proven  by  the  testimony  of  one  witness,  only 
when  supported  by  other  evidence;  but,  when  there  are  several  specifica- 
tions under  the  same  general  charge,  the  proof  of  two  or  more  of  the 
specifications,  by  diflerent  credible  witnesses,  shall  be  sufficient  to  estab- 
lish the  charge. 

1.    When  one  of  two  specifications  of  a  charge  is  proved  the  charge 

itself  is  proved. 

The  Committee  appointed  to  examine  the  minutes  of  the  Synod 
of  India  reported  that : 

From  the  minutes  it  appears  that  the  Rev.  J.  C.  Bose,  of  the  Presby- 
tery of  Lahore,  was  tried  by  his  Presbytery  on  the  charge  of  lying  and 
deceit,  and  found  guilty  under  each  of  two  specifications,  and  was  there- 
upon suspended  from  the  ministry ;  that  he  appealed  from  this  judgment 
to  the  Synod;  that  the  Synod,  on  review  of  the  case,  sustained  the 
finding  of  the  Presbytery  under  one  specification  only,  and  required  the 
Presbytery  to  administer  to  Mr.  Bose  a  severe  censure  and  restore  him  to 
the  ministry. 

Against  this  decision  of  the  Synod  a  protest  was  made  and  entered 
upon  the  minutes,  on  the  grounds: 

1.  That  though  one  of  the  specifications  had  not  been  established,  the 
crime  remained  the  same  under  the  other  specification,  which  the  Synod 
sustained. 

2.  That  the  restoration  enjoined  upon  the  Presbytery  of  Mr.  Bose  to 
the  ministry,  without  any  acknowledgment  of  guilt  or  evidence  of  repent- 
ance, was  contrary  to  the  express  requirement  of  the  Book  of  Discipline. 

So  far  as  the  records  go,  these  objections  seem  to  be  well  taken,  but  no 
answer  to  them  by  the  Synod  is  recorded.     It  appears,  however,  that 


OF    EVIDENCE.  671 

action  of  the  Synod  turned  upon  the  interpretation  of  Sec.  Iviii  of  the 
Book  of  Discipline,  and  the  consequent  application  of  Sec.  xcix. 

AVe  also  find  that  the  Synod,  on  review  of  the  minutes  of  the  Presby- 
tery of  Lodiana,  adopted  and  ordered  to  be  entered  on  the  minutes  of 
that  Presbytery,  a  report  taking  exceptions  to  these  minutes,  but — acci- 
dentally, it  would  seem — omitted  the  record  of  this  report  from  its  own 
minutes,  and  when  the  omission  was  called  to  the  attention  of  the  Synod, 
at  its  next  meeting,  it  then,  by  a  vote,  refused  to  enter  the  report. 

Against  this  refusal  a  protest  was  made  and  recorded,  on  the  ground 
that  amoug  the  exceptions  taken  in  the  report  were  matters  of  great 
importance  as  precedents  to  the  youthful  Church  of  India,  notably  one 
which  is  specified,  viz.,  that  three  ministers  were  received  into  said  Pres- 
bytery very  irregularly,  without  certificates  of  dismission  from  the  bodies 
to  which  they  belonged,  or  examination.  To  this  protest  no  answer  by 
the  Synod  is  recorded.  AVe  therefore  recommend  that  the  minutes  of 
the  Synod  of  India  be  approved,  with  the  following  exceptions: 

1.  The  requiring  of  the  Presbytery  of  Lahore  to  restore  Mr.  Bose  to 
the  ministry  without  acknowledgment  of  guilt  or  evidence  of  repentance 
was  a  virtual  reversal  of  the  judgment  and  sentence  of  the  Presbytery, 
founded,  so  far  as  the  records  show,  on  the  erroneous  interpretation  of 
Sec.  Iviii  of  the  Book  of  Discipline,  that  where  one  only  of  two  specifi- 
cations of  a  charge  is  proved,  the  charge  itself  is  not  proved. 

2.  The  failure  to  record  the  report  adopted  in  reference  to  the  Presby- 
tery of  Lodiana  leaves  the  minutes  of  the  Synod  an  incomplete  record 
of  its  proceedings. — 1887,  p.  129. 

2.    When  the  offence  charged  is  not  sustained  the  verdict  should  be 

"not  guilty." 

Complaint  of  T.  S.  Hamlin  et  al.  vs.  the  Synod  of  Baltimore. 

The  following  is  a  statement  of  the  case:  The  Rev.  Francis  M.  Todd, 
a  member  of  the  Presbytery  of  Washington  City,  had  been  tried  by  that 
body,  sitting  in  a  judicial  capacity,  on  serious  charges  affecting  his  moral 
character,  and  the  finding  of  the  court,  as  expi'essed  in  its  final  vote  on 
"the  calling  of  the  roll,"  was,  "Not  Sustained."  The  Presbytery, 
however,  subsequently  expressed  its  judgment  in  the  following  record, 
viz.:  "  That  under  the  provision  of  the  Book  of  Discipline,  Chap,  viii, 
Sec.  Iviii,  a  charge  may  be  proven  by  the  testimony  of  one  witness  only 
when  supported  by  other  evidence;  a  majority  of  the  judicatory  have 
voted  not  to  sustain  the  specification  and  charges  against  said  Todd,  such 
judgment  being  rendered,  owing  to  the  fact  that  the  supporting  evidence 
to  the  principal  witness  is  insufficient. ' '  From  this  recorded  judgment 
Mr.  Todd  appealed  to  the  Synod  of  Baltimore  upon  several  grounds,  but 
chiefly  for  the  reasons  of  its  inconsistency  with  the  verdict  of  acquittal 
previously  rendered,  and  the  unjust  and  damaging  effect  of  the  subse- 
quent record  upon  his  character.  The  Synod  of  Baltimore,  by  a  very 
decided  vote,  sustained  this  appeal,  and  directed  the  Presbytery  "  to 
record  in  their  minutes  the  verdict  expressed  in  their  vote  *  Not  to  Sus- 
tain, '  viz. ,  *  Not  Guilty. '  ' '  And  it  is  against  this  decision  of  the  Synod 
that  the  present  complaint  has  been  brought. 

The  judgment  of  the  Commission  is  that  the  decision  of  the  Synod 
was  right  and  ought  to  be  sustained  and  consequently  that  the  complaint 
should  be  dismissed.     Adopted. — 1888,  p.  103. 


672  BOOK    OF    DISCIPLINE,    SECT.    59-66. 

LIX.  No  witness  afterwards  to  be  examined,  except  a  member  of  the 
judicatory,  shall  be  present  during  the  examination  of  another  witness  if 
either  party  object. 

LX.  Witnesses  shall  be  examined  first  by  the  party  producing  them; 
then  cross-examined  by  the  opposite  party ;  after  which  any  member  of 
the  judicatory  or  either  party  may  put  additional  interrogatories.  Irrel- 
evant or  frivolous  questions  shall  not  be  admitted,  nor  leading  questions 
by  the  parties  producing  the  witness,  except  under  permission  of  the 
judicatory  as  necessary  to  elicit  the  truth. 

LXI.  The  oath  or  affirmation  shall  be  administered  by  the  Moderator 
in  the  following,  or  like,  terms:  "  You  solemnly  promise,  in  the  presence 
of  the  omniscient  and  heart-searching  God,  that  you  will  declare  the 
truth,  the  whole  truth,  and  nothing  but  the  truth,  according  to  the  best 
of  your  knowledge,  in  the  matter  in  which  you  are  called  to  testify,  as 
you  shall  answer  to  the  Great  Judge  of  quick  and  dead." 

1.    The  authority  for  administering  a  judicial  oath. 

The  Committee  appointed  to  draft  an  answer  to  the  following  question, 
overtured  from  the  Presbytery  of  Georgia,  viz,  :  "  Whence  do  the  Gen- 
eral Assembly  derive  authority  to  empower  the  Moderator  of  a  church 
Session  to  administer  an  oath  ?"  reported  the  following,  which  was 
adopted,  viz.  :  "  An  oath  for  confirmation  (saith  the  apostle),  is  to  them 
an  end  of  all  strife  "  (Heb.  vi.  16).  It  is  a  solemn  affirmation,  wherein 
we  appeal  to  God,  as  the  witness  of  the  truth  of  what  we  say ;  and  with 
an  imprecation  of  his  vengeance  if  what  we  affirm  is  false,  or  what  we 
promise  be  not  performed.  Its  force  results  from  a  belief  that  God  will 
punish  false  swearing  with  more  severity  than  a  simple  lie,  or  breach  of 
promise;  because  perjury  is  a  sin  of  greater  deliberation,  and  violates 
superior  confidence. 

That  oaths  are  lawful  is  evident  from  the  fact  that  our  Lord,  when 
interrogated  on  certain  occasions,  answered  upon  oath.  (See  Matt, 
xxvi.  63,  64.)  Paul  also  uses  several  expressions  which  contain  the 
nature  of  an  oath.  (See  Rom.  i.  9,  ix.  1 ;  1  Cor.  xv.  31 ;  2  Cor.  i.  18; 
Gal.  i.  20.)  They  are  solemn  appeals  to  God.  It  is  manifest  that 
oaths  are  not  to  be  used  on  light  or  trivial  occasions.  We  are  expressly 
commanded  not  to  take  God's  name  in  vain.  But  as  the  Bible  does  not 
point  out  the  particular  occasions  when  oaths  are  to  be  used ;  nor  the 
persons  who  are  to  administer  them,  these  circumstances  are  left  to  the 
discretion  of  individuals  and  communities.  The  necessity  of  oaths  is 
founded  in  expediency ;  and  all  associations,  whether  civil  or  ecclesiasti- 
cal, have  a  right  to  use  them  for  confirmation,  when,  in  the  exercise  of 
a  sound  discretion,  they  are  deemed  important.  It  is  lawful  for  every 
community,  in  the  compact  on  which  their  union  is  founded,  to  point  out 
the  cases  in  which  oaths  shall  be  used,  and  who  shall  administer  them. 
The  authority  of  Moderators  in  the  Presbyterian  Church  to  administer 
oaths  is  not  derived  from  the  General  Assembly,  but  from  the  Constitu- 
tion, or  articles  of  compact,  which  our  churches  have  adopted,  and  by 
which  they  have  agreed  to  be  governed  as  a  Christian  community.  It 
may  be  proper  also  to  add,  that  the  oaths  prescribed  by  ecclesiastical 
authority   and  administered  by  civil  authority,    in  no  respect  interfere 


OF    EVIDENCE.  673 

with  our  relations  to  civil  society.  Nor  can  the  administering  of  them, 
if  rightly  viewed,  be  considered  as  a  violation  of  those  laws  of  the  State, 
which  prescribe  the  manner  in  which  civil  oaths  shall  be  administered. — 
1823,  p.  87. 

[Note. — See  Confession  of  Faith,  Chap,  xxii,  p.  91.] 

2.    Testimony  should  be  under  oath  and  recorded. 

Statements  were  given  as  evidence  by  the  members  of  Presbytery, 
which  are  not  recorded,  and  which  do  not  appear  to  have  been  given 
under  the  usual  solemnity  of  an  oath,     Craighead's  case. — 1824,  p.  122. 

LXII,  Every  question  put  to  a  witness  shall,  if  required,  be  reduced 
to  writing.  And,  if  either  party  desire  it,  or  if  the  judicatory  shall  so 
decide,  both  question  and  answer  shall  be  recorded.  The  testimony,  thus 
recorded,  shall  be  read  to  the  witnesses,  in  the  presence  of  the  judicatory, 
for  their  approbation  and  subscription. 

[Note. — See  also  under  Section  Ixi,  2,  above.] 

LXIII,  The  records  of  a  judicatory,  or  any  part  of  them,  whether 
original  or  transcribed,  if  regularly  authenticated  by  the  Clerk,  or  in  case 
of  his  death,  absence,  disability  or  failure  from  any  cause,  by  the  Mod- 
erator, shall  be  deemed  good  and  sufficient  evidence  in  every  other 
judicatory. 

LXIV.  In  like  manner,  testimony  taken  by  one  judicatory,  and 
regularly  certified,  shall  be  received  by  every  other  judicatory,  as  no 
less  valid  than  if  it  had  been  taken  by  themselves, 

[Note. — 65.  All  the  evidence  introduced  in  any  judicatory  shall  be  received  under 
and  according  to  the  general  rules  of  evidence,  except  as  otherwise  defined  and 
limited  by  the  provisions  of  this  chapter.     (New.) 

Adopted,  1881.    Omitted  1885,  p.  602,  and  the  following  sections  renumbered.] 

LXV,  Any  judicatory,  before  which  a  case  may  be  pending,  shall 
have  power,  whenever  the  necessity  of  parties  or  of  witnesses  shall 
require  it,  to  appoint,  on  the  application  of  either  party,  a  commission 
of  ministers,  or  elders,  or  both,  to  examine  witnesses;  which  commission, 
if  the  case  requires  it,  may  be  of  persons  within  the  jurisdiction  of  an- 
other body.  The  commissioners  so  appointed  shall  take  such  testimony 
as  may  be  offered  by  either  party.  The  testimony  shall  be  taken  in 
accordance  with  the  rules  governing  the  judicatory,  either  orally  or  on 
written  interrogatories  and  cross-interrogatories,  duly  settled  by  the  judi- 
catory, due  notice  having  been  given  of  the  time  when,  and  place  where, 
the  witnesses  are  to  be  examined.  All  questions,  as  to  the  relevancy  or 
competency  of  the  testimony  so  taken,  shall  be  determined  by  the  judi- 
catory. The  testimony,  properly  authenticated  by  the  signatures  of  the 
commissioners,  shall  be  transmitted,  in  due  time,  to  the  Clerk  of  the 
judicatory  before  which  the  case  is  pending. 

LXVI.    A  member  of  the  judicatory  may  be  called  upon  to  testify  in 

a  case  which  comes  before  it.     He  shall  be  qualified  as  other  witnesses 
43 


674  BOOK    OF    DISCIPLINE,    SECT.    66-69. 

are,  and,  after  having  given  his  testimony,  may  immediately  resume  his 
seat  as  a  member  of  the  judicatory. 

1.    A  member  of  the  judicatory  required  to  testify;  to  refuse  is 

contumacy. 

a.  Resolved,  That  a  member  of  the  judicatory,  present  when  the  judi- 
catory is  taking  testimony,  is  bound,  if  called  upon  to  do  so,  to  give  his 
testimony  in  the  case  that  is  in  process,  and  that  his  refusal  to  do  so,  on 
the  ground  that  he  had  not  been  cited  beforehand,  would  subject  him  to 
censure  for  contumacy. — 1854,  p.  45,  O.  S. 

b.  Records  of  the  Synod  of  Cincinnati  excepted  to  for  not  sustaining 
Exception  2  to  the  minutes  of  the  Presbytery  of  Cincinnati,  p.  409,  in 
the  following  words:  "  Denying  to  the  prosecution  the  right  to  introduce 
members  of  the  court  on  the  spot,  without  a  citation,  to  disprove  and 
rebut  certain  testimony  of  the  defence." — 1878,  p.  118. 

LXVII.  A  member  of  the  church,  summoned  as  a  witness,  and 
refusing  to  appear,  or,  having  appeared,  refusing  to  testify,  shall  be  cen- 
sured according  to  the  circumstances  of  the  case  for  his  contumacy. 

1.    A  minister  cited  to  testify  before  a  Session. 

A  request  from  certain  ministers  and  ruling  elders  of  the  Synod  of 
Alabama,  for  the  opinion  of  the  General  Assembly  touching  certain 
questions  that  may  arise  in  the  case  of  a  minister,  who,  when  cited  by  a 
church  Session  as  a  witness,  declines  to  appear  before  that  court.  The 
Committee  recommended  that  the  brethren  be  referred  to  the  Book  of 
DiscipUne  (Old),  Chap,  i.  Sec.  v;  Chap,  iv.  Sees,  xxi,  xxxiii  and  Ixvii; 
Chap,  v.  Sees,  xxxvi,  xviii  and  cxviii;  Chap,  vi.  Sec.  Ixvii  of  this 
Book,  for  answer  to  their  questions.     Adopted. — 1854,  p.  17,  O.  S. 

LXVIII.  If,  after  a  trial  before  any  judicatory,  new  evidence  is  dis- 
covered supposed  to  be  important  to  the  exculpation  of  the  accused,  he 
may  ask,  if  the  case  has  not  been  appealed,  and  the  judicatory  shall 
grant,  if  justice  seems  to  require  it,  a  new  trial. 

1.    New  trial  may  be  had  on  the  allegation  of  new  testimony. 

a.  That  as  new  evidence,  apparently  of  an  important  kind,  has  been 
alleged  in  this  case  siuce  the  decision  of  the  Synod,  it  is  proper  that  a 
new  trial  be  instituted  thereon. — 1793,  p.  68. 

b.  Resolved,  That  as  only  one  of  the  parties  in  this  case  is  present, 
this  General  Assembly  do  not  consider  themselves  as  placed  in  circum- 
stances which  admit  of  their  reconsidering  the  decision  of  last  Assembly 
on  Mr.  Hindmau's  appeal  from  the  Synod  of  Philadelphia,  even  if  the 
existence  of  new  evidence  were  ever  so  unquestionable. 

Resolved,  also.  That  it  is  the  well-known  privilege  of  Mr.  Hindman, 
if  he  consider  himself  as  having  new  evidence  to  offer  in  this  case,  to 
apply  to  the  Presbytery  for  a  new  trial  upon  that  new  evidence. — 1811, 
p.  479. 

C.  The  Judicial  Committee  reported  on  the  appeal  of  John  Ward  from 
a  decision  of  the  Synod  of  Genesee,  that  on  the  ground  of  new  testimony 
the  appellant  be  directed  to  apply  to  the  church  of  Bergen  for  a  new 
trial     The  report  was  adopted.— 1829,  p.  266 ;  also  1841,  p.  307,  O.  S. 


OF    EVIDENCE.  675 

2.    If  the  judicatory  refuse  to  grant   a  new  trial  upon  the   allega- 
tion of  new  testimony  a  complaint  may  lie. 

a.  A  complaint  from  Mr.  Francis  Hindraan  against  the  Presbytery  of 
New  Castle,  for  not  granting  him  a  new  trial  in  his  case  agreeably  to 
the  resolution  of  last  Assembly,  having  been  put  into  the  hands  of  the 
Moderator,  was  read,  together  with  several  papers  accompanying  it  [and 
referred  to  a  Committee]  who  were  authorized  to  call  for  other  papers,  and 
to  cite  witnesses,  if  they  deem  it  necessary,  and  were  directed  to  report 
to  the  Assembly  the  result  of  their  attention  to  the  subject. — 1812,  p. 
496. 

b.  The  Committee  to  which  the  complaint  of  Mr.  Hindman  against 
the  Presbytery  of  New  Castle  had  been  referred,  reported,  and  the 
report  being  read,  was  adopted,  and  is  as  follows,  viz. : 

That  having  carefully  examined  the  papers  committed  to  them,  and 
haviug  heard  Mr.  Hindman  in  his  own  case,  as  also  a  member  of  the 
Presbytery  of  New  Castle  in  explanation  of  their  conduct,  they  find  no 
cause  of  complaint  against  said  Presbytery  in  their  treatment  of  Mr. 
Hindman.— 1812,  p.  504. 

3.    Appeal  remitted  for  new  trial  on  new  testimony. 

The  consideration  of  the  appeal  of  Mr.  Todd,  from  the  decision  of  the 
Synod  of  Kentucky,  affirming  a  decision  of  the  Presbytery  of  Transyl- 
vania, by  which  decision  Mr.  Todd  was  deposed  from  the  Gospel  minis- 
try, was  taken  up,  and  the  following  resolution  was  adopted,  viz. : 

The  Assembly,  having  heard  the  documents  in  this  case,  were  of  opin- 
ion, that  the  way  is  not  clear,  at  present,  for  the  reversal  of  the  sentence 
of  suspension;  but  as  it  appears  to  the  Assembly,  that  Mr.  Todd's 
opinions  have  not  been  perfectly  understood;  and  whereas  there  appears 
to  have  been  some  irregularity,  as  to  the  nature  of  the  testimony 
admitted  on  the  trial  before  the  Presbytery;  therefore. 

Resolved,  That  the  Presbytery  of  Transylvania  be  directed  to  recon- 
sider the  case  of  Mr.  Todd ;  to  aiFord  him  another  opportunity  of  explain  - 
ing  himself;  and,  if  they  should  be  satisfied,  to  restore  him  to  his  former 
standing. — 1817,  p.  666. 

4.    A  superior  judicatory  may  not  order  a  new  trial  without  the 
allegation  of  new  testimony. 

Appeal  of  Mrs.  M.  J.  Browning  from  a  decision  of  the  Synod  of 
Geneva.  The  Committee  report  that  it  has  read  the  decision  appealed 
from,  and  the  reasons  assigned  for  the  appeal,  and  has  heard  the  parties. 
They  recommend  that  the  General  Assembly  sustain  the  appeal. 

a.  1.  Because  a  superior  court  cannot  order  an  inferior  court  to  rehear 
a  case  already  decided  when  no  intimation  of  additional  evidence  is  given. 

[Note. — In  cases  of  appeal,  irregularity  of  proceedings  may  require  a  new  trial, 
which  may  be  ordered.    Case  of  H.  Donaldson  ;  1882,  p.  107] 

Nor  pass  by  the  next  lower,  in  which  the  case  has  once  been  adjudicated. 

b,  2.  Because  in  sending  back  the  case,  the  Synod  passed  by  the 
Presbytery  in  which  the  case  had  once  been  adjudicated.  Adopted. — 
1878,  p.  34. 

LXIX.  If,  in  the  prosecution  of  an  appeal,  new  evidence  is  offered, 
which,  in  the  judgment  of  the  appellate  judicatory,  has  an  important 


676  BOOK    OF    DISCIPLINE,    SECT.     69-70. 

bearing  on  the  case,  it  shall  either  refer  the  whole  case  to  the  inferior 
judicatory  for  a  new  trial ;  or,  with  the  consent  of  the  parties,  take  the 
testimony,  and  hear  and  determine  the  case. 

1.    On  the  ground  of  new  testimony,  the  case  referred. 

The  Judicial  Committee  reported  on  the  appeal  of  John  Ward,  from 
a  decision  of  the  Synod  of  Genesee,  that  having  duly  considered  the  case, 
they  recommend  that,  on  the  ground  of  new  testimony,  the  appellant  be 
directed  to  apply  to  the  church  of  Bergen  for  a  new  trial.  The  above 
report  was  adopted. — 1829,  p.  266. 

2.    The  fact  and  importance  of  new  evidence  must  be  shown. 

a.  In  the  case  of  Rev.  George  Sheldon  (see  under  Directory  for  Wor- 
ship, Chap,  xii,  Sec.  iii),  the  Assembly  sustained  the  inferior  courts,  and 
in  answer  to  a  protest,  reply: 

1.  The  action  of  the  Presbytery  in  the  case  was  irregular,  only  tech- 
nically, and  not  in  such  a  sense  as  to  vitiate  the  substantial  justice  of  the 
result.  The  case  had  been  on  trial  during  a  period  of  some  three  years» 
and  ample  opportunity  had  been  given  in  this  period  for  the  accused  to 
defend  himself. 

2.  Although  it  is  asserted,  that  only  extracts  from  Mr.  Sheldon's 
letters  were  admitted  in  evidence,  yet  it  appears  that  one  letter,  and  the 
most  important  one,  is  given  in  full ;  that  the  extracts  from  the  other 
letters  are  undisputed,  and  that  these  fairly  and  clearly  present  the  truth 
in  the  case. 

3.  As  to  the  alleged  new  evidence,  it  appears  that  it  was  before  the 
Judicial  Committee  of  the  Presbj^ery,  and  read  in  full  before  the  Synod, 
and  was  unanimously  decided  by  these  judicatories  to  be  no  ground  for 
reopening  the  case ;  and  it  also  appears,  that  this  testimony  is  wholly 
irreconcilable  with  statements  made  by  Mr.  Sheldon  in  the  letters  above 
referred  to. 

4.  Inasmuch  as  the  Assembly,  after  a  full  hearing  of  the  case,  by  a 
vote  of  more  than  two-thirds,  decided  that  there  have  been  no  material 
deviations  from  the  rules  of  the  Book  of  Discipline  for  conducting  judi- 
cial cases,  it  is  deemed  unnecessary  at  this  late  hour  of  their  sessions,  ta 
reply  further  to  the  allegations  of  the  protestants. — 1858,  p.  609,  N.  S. 

b.  Rev.  L.  R.  Lockwood  asks  that  the  Assembly  direct  the  Presbytery 
of  Dubuque  to  grant  him  a  ncAV  trial,  on  the  ground  of  new  testimony. 

The  Committee  recommend  that  this  application  be  referred  to  the 
Presbytery  of  Dubuque,  to  the  end  that  if  the  new  testimony  be  found  of 
sufficient  importance  to  justify,  that  Presbytery  may  afford  Mr.  Lock- 
wood  the  relief  he  asks.  But  if,  in  their  judgment,  a  new  trial  ought 
not  to  be  granted,  that  then  the  appeal  shall  stand  for  trial  on  the  record 
as  now  existing,  before  the  next  General  Assembly. 

The  report  was  adopted. — 1866,  p.  72,  0.  S, 

C.      On  examining  the  neiv  testimony  the  decision  affirmed. 

The  consideration  of  Mr.  Gwinn's  appeal  from  the  decision  of  the 
Synod  of  Pittsburgh  was  resumed;  and  the  following  decision  in  the  case 
was  adopted : 

The  Assembly,  having  carefully  heard  and  considered  the  appeal  of 
Mr.  Andrew  Gwinn  from  a  decision  of  the  Synod  of  Pittsburgh  affirming 


OF    EVIDENCE.  677 

the  judgment  of  the  Presbytery  of  Ohio,  adopted  the  following  resolution, 
viz. :  That  whereas,  in  the  judgment  of  this  Assembly,  it  does  not  appear 
that  the  new  testimony  offered  by  Mr.  Gwinn  has  in  any  important  point 
changed  the  aspect  of  his  case:  therefore  resolved,  that  the  decision  of 
the  Synod  in  his  case  be  affirmed. — 1823,  p.  90. 

3.    The  Assembly,  after  investig^ation,  refuses  to  refer  the  case,  de- 
spite alleged  new  testimony,  or  to  grant  any  further  judicial  trial. 

The  Judicial  Committee  in  the  case  of  the  complaint  of  Rev.  James 
Smylie  from  a  decision  of  the  Presbytery  of  Louisiana,  in  the  case  of 
the  Rev.  Dr.  Scott,  recommended  the  following,  which  was  adopted: 

There  are  three  ways  in  which  this  complaint  might  be  disposed  of : 

1.  The  Assembly  might  take  it  up,  wade  through  the  testimony, 
receive  the  new  testimony  that,  it  is  understood,  the  complainant  wishes 
to  offer,  to  decide  the  case.  But  against  this  course,  besides  other 
difficulties,  it  may  be  mentioned  as  a  very  serious  one,  that  the  bare 
reading  of  the  records  of  the  Presbytery  would  consume  four  or  five  days. 

2.  Another  mode  might  be  adopted,  by  referring  the  case  for  reconsid- 
eration to  the  Presbytery  of  Louisiana,  who  might  be  directed  to  take 
any  new  testimony  that  should  be  properly  offered. 

3.  Or  the  General  Assembly  might  remand  the  case  to  the  Synod  of 
Mississippi,  to  hear  the  complaint,  and  dispose  of  it  in  a  regular  and 
constitutional  manner.     This,  it  is  deemed,  would  be  the  wdsest  coui-se. 

But,  were  either  of  these  modes  adopted,  it  would  require  a  great 
consumption  of  time,  and  subject  the  judicature  that  might  adjudicate 
on  the  case  to  great  inconvenience  and  no  inconsiderable  expense;  and 
instead  of  resulting  in  practical  good,  might  produce  great  excitement 
and  consequences  injurious  to  the  peace  and  edification  of  an  important 
section  of  our  Church.  The  testimony  is  so  voluminous,  that  to  form  a 
correct  judgment  on  it,  would  require  a  retentive  memory,  patient  atten- 
tion, diligent  comparison  of  its  several  parts,  as  well  as  a  discriminating 
mind.  It  is  to  be  regretted  that  the  Presbytery  sanctioned  by  their 
authority  the  publication  of  the  speeches  on  both  sides  of  the  ques- 
tion  

The  Committee  recommend  to  the  Assembly  the  adoption  of  the  follow- 
ing resolution : 

Resolved,  That  in  view  of  the  representation  of  the  case  given  in  the 
above  statement  by  the  Judicial  Committee,  of  the  voluminous  nature  of 
the  testimony,  and  of  the  difficulties  attending  the  case,  and  believing 
that  the  interests  of  the  Church  will  be  best  promoted  by  adopting  the 
course  recommended  by  the  Committee,  and  being  willing  to  assume  the 
responsibility  of  acting  accordingly,  this  General  Assembly  do  hereby 
terminate  this  unhappy  case  without  any  further  judicial  trial.  Adopted. 
—1847,  p.  385,  O.  S. 


CHAPTER  IX. 

OF  THE  WA  YS  IN  WHICH  A    CA  USE  MA  Y  BE  CARRIED 
FROM  A  LOWER  TO  A  HIGHER  JUDICATORY. 

LXX.    All  proceedings  of  the  Session,  the  Presbytery,  and  the  Synod 
(except  as  limited  by  Chap,  xi.  Sec.  iv,  of  the  Form  of  Government), 


678  BOOK    OF    DISCIPLINE,    SECT,    70-71. 

are  subject  to  review  by,  and  may  be  taken  to,  a  superior  judicatory,  by 
General  Review  and  Control,  Reference,  Complaint,  or  Appeal. 

1.  A  judicial  case  can  come  before  the  Assembly  only  in  some  one  of 
the  above-mentioned  ways. 

The  Judicial  Committee  reported  that  they  have  had  under  considera- 
tion the  letter  of  the  Rev.  A.  G.  Fraser  to  this  General  Assembly — 
that  Mr.  Fraser  states  that  he  has  been  unavoidably  prevented  from  per- 
sonally prosecuting  an  appeal  from  the  decision  of  the  Synod  of  New  Jersey, 
of  which  due  notice  was  given  that  Synod,  and  requesting  the  General 
Assembly  to  appoint  a  Committee  of  ministers  and  elders  to  hear  and  ad- 
judicate the  whole  matter ;  or,  if  such  a  plan  is  not  within  the  jurisdiction 
of  the  General  Assembly,  that  then  this  matter  of  appeal  stand  over  to 
their  next  stated  meeting.  The  Committee  recommended  that  the  following 
answer  be  given,  viz. :  According  to  the  Book  of  Discipline  of  our 
Church,  there  are  but  four  ways  in  which  the  General  Assembly  can 
have  cognizance  of  a  judicial  case.  As  neither  of  these  ways  is  contem-- 
plated  in  the  request  of  Mr.  Fraser,  the  Assembly  cannot,  without  a 
violation  of  constitutional  rules,  take  any  action  in  the  premises.  In 
regard  to  a  future  prosecution  of  his  appeal,  the  appellant  must  present 
his  case,  with  the  reasons  for  previous  failure,  before  the  next  General 
Assembly,  whose  province  it  will  then  be  to  decide  upon  the  whole 
subject.     Adopted.- 1850,  p.  463,  O.  S. 

I.    OF  GENERAL  REVIEW  AND  CONTROL. 

LXXI.    All   proceedings  of    the  church  shall  be  reported  to,   and 

reviewed  by,  the  Session,  and  by  its  order  incorporated  with  its  records. 

Every  judicatory  above  a  Session  shall  I'eview,  at  least  once  a  year,  the 

records  of    the  proceedings  of  the  judicatory  next  below;  and,  if  the 

lower  judicatory  shall  omit  to  send  up  its  records  for  this  purpose,  the 

higher  may  require  them  to  be  produced,  either   immediately,  or  at  a 

specified  time,  as  circumstances  may  determine. 

[Note. — The  first  sentence  of  the  Section  makes  it  obligatory  upon  the  Session  to 
review  and  record  all  proceedings  of  the  church  in  a  congregational  meeting  ;  as,  e.g., 
the  election  of  elders  and  deacons ;  the  fixing  of  the  term  of  service  under  Form  of 
Government,  Chap,  xiii.  Sec.  viii ;  the  election  of  a  pastor,  or  the  request  to  Presby- 
tery to  dissolve  tlie  pastoral  relation,  and  all  other  matters  in  which  the  congregation 
acts.  It  thus  ]>rings  all  the  ecclesiastical  proceedings  of  congregational  (i.  e.,  church) 
meetings  under  the  review  and  control  of  the  superior  judicatories.] 

1.  The  incorporation  of  church  proceedings  is  mandatory. 
Explanation  of  the  meaning  of  this  rule. 
Overture  from  the  Presbytery  of  Pittsburgh,  relative  to  Article  Ixxi, 
Chapter  ix,  of  the  Book  of  Discipline,  asking,  first,  whether,  under  that 
article,  it  is  discretionary  with  church  Sessions,  to  order  the  minutes  of 
congregational  meetings  to  be  incorporated  with  the  records  of  the 
Session;  and  second,  if  the  rule  is  mandatory,  what  portion  of  the  pro- 
ceedings of  the  church  must  be  included,  and  what  may  be  omitted,  and 
whether  the  reports  of  Boards  or  Committees,  i.  e.,  those  of  Trustees, 
must  be  included  in  the  records  of  the  Session  ? 

The  Committee  recommend  that  the  following  answer  be  given: 
1.   That  the   rule  is  not  discretionary,   but  mandatory,   that  church 
Sessions  shall  order  the  incorporation  of  proceedings  of  congregational 
meetings  with  their  own  records. 


GENERAL    REVIEW    AND    CONTROL,  679 

2.  That  it  is  in  the  power  of  church  Sessions  to  direct  that  the  pro- 
ceedings of  such  meetings,  or  of  the  church  (whether  said  proceedings! 
are  reported  to  the  Session  in  the  form  of  minutes  of  meetings,  or  as 
reports  of  Boards  or  Committees)  shall  be  incorporated  in  the  Sessional 
records  in  such  a  manner,  and  to  such  an  extent  only,  as  will  faithfully 
exhibit  the  action  taken. 

This  construction  of  the  rule  in  question  is  to  be  understood  to  apply 
to  the  proceedings  of  Trustees  in  all  cases,  in  which,  under  the  laws  of 
the  places  where  they  exercise  their  functions,  their  action  is  subject  to 
review  by  the  Session.     Adopted. — 1887,  pp.  117,  118. 

2.    The  incorporation  in  Session  records  of  the  minutes  of  the  Board 
of  Deacons  is  discretionary. 

Overture  from  the  Presbytery  of  Washington  City,  relative  to  Art. 
Ixxi,  Chap,  ix.  Book  of  Discipline,  whether  under  that  article  it  is 
discretionary  with  church  Sessions  to  order  the  minutes  of  the  Board  of 
Deacons  to  be  incorporated  with  the  records  of  Session  ?  Answer :  It  is 
discretionary. — 1891,  p.  107. 

3.  Annual  review  of  the  records  of  all  the  judicatories  required. 

a.  Whereas,  It  appeared  in  the  course  of  the  free  conversation  on  the 
state  of  religion,  that  in  one  of  the  Presbyteries  under  the  care  of  the 
General  Assembly,  the  Sessional  records  of  the  several  church  Sessions 
were  not  regularly  called  up  and  examined  every  year  by  the  said  Pres- 
bytery, and  there  is  reason  to  believe  that  other  Presbyteries  had  con- 
ducted in  the  same  manner;  therefore, 

Resolved,  That  it  be  and  it  hereby  is  required  of  all  the  Presbyteries 
within  the  bounds  of  the  General  Assembly  annually  to  call  up  and 
examine  the  Sessional  records  of  the  several  churches  under  their  care, 
as  directed  in  the  Book  of  Discipline. — 1809,  p.  429. 

b.  The  Assembly,  after  seriously  reviewing  the  order  of  the  last 
Assembly,  and  maturely  deliberating  on  the  remonstrance  of  the  Presby- 
tery of  Philadelphia  against  it,  can  by  no  means  rescind  the  said  order, 
inasmuch  as  they  consider  it  as  founded  on  the  Constitution  of  our 
Church,  and  as  properly  resulting  from  the  obligation  on  the  highest 
judicatory  of  the  Church  to  see  that  the  Constitution  be  duly  regarded; 
yet,  as  it  is  alleged  that  insisting  on  the  rigid  execution  of  this  order, 
with  respect  to  some  of  the  church  Sessions,  would  not  be  for  editication, 
the  Assembly  are  by  no  means  disposed  to  urge  any  Presbytery  to  pro- 
ceed, under  this  order,  beyond  what  they  may  consider  prudent  and 
useful. -1810,  p.  453. 

[Note. — See  Form  of  Government,  Chap,  ix,  Sec.  viii,  p.  173 ;  Chap,  x,  Sec.  ix,  p. 
224;  Chap,  xi.  Sec.  vi,  p.  246.] 

4.    The  Synods  required  to  send  up  their  records  annually. 

Whereas,  It  is  an  essential  feature  of  the  government  of  the  Presby- 
terian Church  that  the  records  of  all  its  Synods  should  be  transmitted 
annually  to  its  highest  court — the  General  Assembly — for  examination; 
and, 

Whereas,  This  Assembly  has  painful  evidence  that  this  important 
regulation  is  by  some  of  its  Synods  frequently,  and  by  others  entirely, 
neglected;  therefore, 

Resolved,  That  all  our  Synods  be  enjoined  to  take  such  order  on  this 
subject   as   shall  ensure  hereafter  a   faithful  observance  of   the  above 


680  BOOK    OF   DISCIPLINE,    SECT,    71. 

regulation ;  and  in  all  cases  where  the  Stated  Clerks  of  any  of  our  Synods 
have  failed  this  year,  or  may  hereafter  fail,  to  obey  their  order,  or  the  rule 
of  the  Assembly  respecting  this  matter,  such  Synods  are  hereby  required 
to  judge  of  the  reasons  which  such  Clerks  may  offer  for  their  delinquency, 
and  to  excuse  or  censure  them  according  to  the  circumstances  of  the 
case.— 1839,  p.  165,  O.  S. 

[Note. — See  also  other  decisions  on  p.  255  of  this  Digest.] 

5.    After  records  have  been  approved  corrections  can  be  made  only 
by  recurrence  to  the  judicatory  approving. 

Overture  from  the  Session  of  the  church  of  Wabash,  Ind. ,  on  the 
following  questions: 

1.  After  the  records  of  a  church  Session  have  been  examined  and 
approved  by  the  Presb}i;ery,  and  those  of  the  Presbytery,  in  like  man- 
ner, approved  by  the  Synod,  has  either  the  Session  or  the  Presbytery  a 
right  or  any  authority  to  change  or  erase  the  record  ? 

2.  If  not,  has  the  Session  any  legal  right  to  make  a  second  record 
declaring  the  first  erroneous  and  void  ? 

The  Committee  recommended  that  the  following  answer  be  given: 
A  record,  once  approved   by  a  higher   court,    cannot  be  altered  or 
annulled  by  a  lower  one.     If  there  be  an  error  in  the  record,  the  remedy 
is  to  be  sought  by  an   application  to  the  highest  judicatory  which   has 
indorsed  such  mistake.     Adopted. — 1862,  p.  34,  N.  S. 

6.  Leave  given  to  correct  the  record  on  error  shown. 
On  p.  51,  Vol.  ii  (of  the  records  of  the  Synod  of  Cincinnati),  a 
minute  is  found  stating  that  in  1878  there  is  a  record  that  had  found  its 
way  among  the  proceedings  of  the  Synod,  although  the  same  had  not 
been  ordered.  The  records  have  been  approved  by  the  Assembly  of 
1879,  with  this  error  in  them.  The  Synod  asks  permission  of  this 
Assembly  to  declare  this  minute  "  to  be  no  part  of  their  proceedings." 
We  recommend  that  the  Synod  have  such  permission.  Adopted. — 1880, 
p.  81. 

7.    A  minute  recording  a  fact  can  be  amended  or  stricken  out  only 
by  a  unanimous  vote  or  by  a  reconsideration  of  the  original  action. 

It  was  moved  to  strike  out  the  exceptions  taken  to  the  records  of  the 
Synod  of  New  Jersey.  The  Moderator  suggested  that  the  motion  was 
out  of  order,  but  he  would  put  it  to  the  house ;  which  having  been  done, 
the  motion  was  sustained  with  the  exception  of  one  No.  The  Moderator 
then  declared  the  motion  lost,  as  a  minute  recording  a  fact  could  not  be 
amended  but  by  a  unanimous  vote  of  the  house,  and  he  suggested  that 
the  case  could  be  reached  only  by  a  motion  to  reconsider  the  vote  of' 
yesterday,  by  which  the  house  refused  to  reconsider  the  vote  adopting  the 
report  of  the  Committee  on  the  records  of  the  Synod  of  New  Jersey. 
On  appeal,  the  Moderator's  decision  was  sustained.  The  vote  was  recon- 
sidered. The  report  of  the  Committee  was  reconsidered  and  the  records 
approved.  — 1841,  p.  424,  O.  S. 

8.    A  case  judicially  issued  may  be  reviewed. 
A  protest  against  the  Synod  of  Cincinnati  in  reviewing,  under  the 
power  of  review  and  control,  certain   actions  of  the  Presbytery  in  the 
case  of  the  Rev.  Mr.  McCune,  which  case  had  been  judicially  issued  by 


GENERAL    REVIEW    AND    CONTROL.  681 

the  Synod.  The  Committee  recommend  that  the  action  be  approved, 
for  reasons  set  forth  in  the  answer  to  the  protest.  Adopted. — 1878,  p. 
118. 

[Note.— See  Sec.  Ixxii  (4)  and  (5),p.  682.] 

9.  Copies  of  original  records  accepted  in  certain  cases. 

a.  The  records  of  the  Synod  of  China,  kept  in  Chinese,  were  accepted 
in  a  translated  copy  by  the  Assembly  of  1871. 

b.  The  Committee  on  the  records  of  the  Synod  of  India  reported  that 
a  certified  printed  English  translation  of  the  minutes  of  the  Synod  had 
been  placed  in  their  hands.  They  recommend  the  approval  of  the  records 
extending  from  December  27,  1877,  to  January  3,  1878.  Adopted. — 
1878,  p.  43. 

10.  Records  in  print  must  conform  to  the  requirements. 

[Note.— See  in  this  Digest,  pp.  258,  259.] 

LXXII.    In  such  review,  the  judicatory  shall  examine,  first,  whether 

the  proceedings  have  been  correctly  recorded ;    second,    whether  they 

have  been  constitutional  and  regular;  and  third,  whether  they  have  been 

wise,  equitable,  and  for  the  edification  of  the  Church. 

[Note. — For  decisions  on  records,  in  addition  to  those  which  here  immediately  fol- 
low, see,  in  this  Digest,  Session,  pp.  173,  174  ;  Presbytery,  pp.  224,  225,  and  Synod,  pp. 
246-259.    It  is  important  to  consult  the  decisions  given  on  the  pages  indicated.] 

I.    WHETHER  THE  PROCEEDINGS  ARE  CORRECTLY  RECORDED. 

1.    Omitting  to  record  the  opening  or  closing  with  prayer. 

a.  The  records  of  the  Svnod  of  Pennsylvania  approved,  except  that 
"■  there  is  no  evidence  from  the  records  that  the  last  meeting  of  the  Synod 
was  opened  with  praver."— 1850,  p.  314,  N.  S. ;  1859,  p.  531,  O.  S. ; 
Kentucky,  1854,  p.  501,  N.  S. 

b.  The  records  of  the  Synod  of  Tennessee  were  approved,  with  the 
following  exceptions : 

1.  On  p.  34  it  appears  from  the  record  that  the  Synod  adjourned  at 
the  close  of  the  day  without  prayer. 

2.  On  p.  36,  it  is  recorded  that  the  Synod  was  constituted  with  prayer, 
it  being  the  second  day  of  the  sessions  of  the  Synod. — 1854,  p.  500,  N.  S. 

C.  Records  of  Synod  of  Minnesota  approved,  except  ' '  that  on  p.  54, 
in  the  record  of  the  session  of  Friday,  September  30,  1859,  no  mention 
is  made  of  the  opening  services." — 1860,  p.  239,  N.  S. 

d.  The  opening  minute  of  each  session  of  the  Synod  of  Cincinnati  is 
defective,  in  not  recording  the  meeting  of  the  Synod  before  its  being 
opened  with  prayer. — 1849,  p.  177,  N.  S. 

e.  Records  of  Synod  of  Cincinnati  approved,  except  "  that  (on  p.  5) 
the  Synod  adjourned  without  praver." — 1865,  p.  553,  O.  S. 

f.  The  Synod  of  Colorado  took  recess  from  9.30  P.M.  to  9.30  A.M., 
and  did  not  close  with  prayer. — 1887,  p.  129. 

[Note.— See  also  Synod  of  Colorado,  1887,  p.  129 ;  Texas,  1888,  p.  135 ;  Nebraska, 
1889,  p.  133;  Indian  Territory,  1889,  p.  133. 
Church  Ses^ions  are  not  required  to  open  and  close  with  prayer.    See  p.  161.] 

2.    Failing  to  record  absentees. 
Judicial  case,  the  protest  of   J.  B.  Roberts  against  the  action  of  the 
Synod  of  the  Pacific,  in  excepting  to  the  records  of  some  of  the  Presby- 


682  BOOK    OF   DISCIPLINE,    SECT.    72. 

teries  in  said  Synod,  on  the  ground  that  the  names  of  the  absentees  are 
not  recorded. 

The  Committee  recommends  that  the  action  of  said  Synod  be  main- 
tained as  final.     Adopted. — 1887,  p.  68. 

[Note. — See,  also,  in  this  Digest,  p.  256.] 

3.    Clmrelies  not  represented  must  be  recorded. 
Synod  of  Tennessee.     The  unrepresented  churches  are  not  recorded. 
—1894,  p.  181. 

4.    The  roll  should  be  called  prior  to  adjournment. 

The  minutes  of  the  Synod  of  Kansas  were  approved,  except  that  the 
roll  was  not  called  prior  to  the  adjournment  of  the  Synod,  whereas  it 
should  have  been  called,  and  the  names  of  absentees  unexcused  recorded, 
if  there  were  any  such,  and  if  not,  that  fact  recorded. — 1895,  p.  124. 

5.    The  narrative  of  the  state  of  religion  to  be  recorded. 

a.  The  records  of  the  Synod  of  Illinois  were  approved,  with  the 
following  exception,  viz.  : 

At  the  sessions  of  Synod  in  October,  1846,  it  does  not  appear  from  the 
records  that  a  narrative  of  the  state  of  religion  was  prepared.  Such  an 
omission  is  considered  contrary  to  the  general  usage  of  Synods,  and  not 
for  the  edification  of  the  Church.— 1849,  p.  176,  N.  S. 

b.  The  records  of  the  Synod  of  Illinois  were  approved,  except  "  that 
they  do  not  contain  the  narrative  on  the  state  of  religion  which  was 
presented  by  the  Committee  on  that  subject  at  the  sessions  of  the  Synod 
in  1854:  p.  434."— 1857,  p.  387,  N.  S. ;  1861,  p.  462,  K  S. ;  1862, 
p.  28,  N.  S. 

C.  Resolved,  That  the  Assembly  earnestly  recommend  to  the  Presby- 
teries and  Synods  to  record  in  their  minutes  the  narrative  of  religion,  and 
all  other  important  papers. — 1870,  p.  91. 

d.  Synod  of  Illinois,  in  "  the  omission  of  the  narrative  from  the 
record."— 1881,  p.  593;  Synod  of  Washington,  1892,  p.  200. 

[Note. — See,  also,  in  this  Digest,  p.  254.] 

6.    Cases  acted  upon  must  be  described,  and  the  disposal  made  of 

them  indicated. 

a.  Synod  of  Cincinnati.  On  pp.  6  and  13  a  complaint  was  received, 
referred  and  decided,  without  any  statement  in  regard  to  the  character 
of  said  complaint. — 1865,  p.  553,  O.  S. 

b.  Synod  of  Philadelphia,  except  that  it  appears  from  p.  282  that  an 
appeal  and  complaint  was  issued  in  the  usual  form  without  any  intimation 
of  what  the  sentence  or  proceeding  was  against  which  the  complaint  was 
made;  and  that  it  appears,  from  p.  273,  that  another  complaint  was 
issued  without  any  record  of  the  proceeding  complained  of,  or  of  the 
body  whose  proceeding  was  the  subject  of  complaint. — 1852,  p.  216, 
O.  S. 

C.  The  Synod  of  Baltimore,  except  that  on  pp.  327  and  348  the 
Synod  records  the  issuing  of  Judicial  Cases  ' '  No.  1  ' '  and  * '  No.  2, ' ' 
but  in  neither  case  is  the  subject-matter  of  the  complaint  recorded. — 
1885,  p.  661. 

[Note.— See,  also,  in  this  Digest,  pp.  249,  250  and  253.1 


GENERAL   REVIEW   AND   CONTROL.  683 

II.    WHETHER  THEY  HAVE  BEEN  CONSTITUTIONAL  AND  REGULAR. 

1.    Unconstitutioiial  and  irregular  proceedings. 

a.  The  Synod  of  Philadelphia  (resolution  3),  annuls  a  sentence  of 
suspension,  and  in  resolution  4  substantially  acknowledges  the  justice  of 
the  sentence  thus  annulled. 

The  Synod  interposes  to  restore  a  man  to  the  exercise  of  the  ministry 
of  the  Gospel  who,  they  acknowledge,  has  frequently  made  representations 
without  due  regard  to  truth  and  candor.     Thereupon 

Resolved,  That  the  Assembly  direct  the  Synod  to  review  and  amend 
the  record  on  p.  18,  in  the  case  of  the  appeal  from  the  Presbytery  of 
Donegal.  Discipline  (Old),  Chap,  vii,  Sec.  i,  Sub-sees,  ii,  iii. — 1858, 
reprint,  p.  565. 

b.  The  Committee  appointed  to  examine  the  records  of  the  Synod  of 
Geneva  reported,  and  the  book  was  approved  to  p.  257,  with  the  follow- 
ing exception,  viz. :  That  the  Synod  decided  improperly  in  saying  that 
the  complaint  of  D.  C.  Hopkins  was  not  strictly  sustained,  while  they  at 
the  same  time  say  that  each  and  every  act  of  the  Presbytery  of  Onon- 
daga complained  of  was  irregular  and  improper.  — 1822,  p.  40. 

2.    A  Synod  may  not  institute  and  prosecute  judicial  proceedings. 

That  the  proceedings  of  the  Synod  of  Cincinnati,  in  the  institution 
and  prosecution  of  judicial  process  against  William  Graham,  subjecting 
him  first  to  censure,  and  afterwards  to  suspension,  under  which  he  now 
labors,  are  unconstitutional  and  irregular,  therefore  null  and  void;  and 
that  the  Synod  be,  and  is  hereby  enjoined  to  take  constitutional  action 
in  the  case,  and  to  revise  and  correct  its  proceedings  accordingly.  While 
the  Assembly  thus  speak  on  the  constitutionality  of  the  matter,  they  do 
it  without  reference  to  the  error  or  truth  of  the  sentiments  he  advocated. 
—1846,  p,  31,  N.  S. 

3.    A  Synod  may  not  refuse  to  receive  the  members  of  its 
Presbyteries. 

a.  The  records  of  the  Synod  of  Michigan  were  approved,  with  the 
following  exception:  That  on  pp.  137,  138,  139,  140,  the  Synod 
declined  to  receive  two  members  whose  names  appear  on  the  minutes  of 
two  of  the  Presbyteries,  and  that  the  Synod  also  directed  said  Presby- 
teries to  strike  the  names  of  said  members  of  Presbytery  from  their  roll, 
one  of  the  members  belonging  to  the  Presbytery  of  Monroe,  the  other  to 
the  Presbytery  of  St.  Joseph.— 1849,  p.  176,  N.  S. 

fNoTE.— See  c,  p.  684.] 

b.  The  records  of  the  Synod  of  Indiana  approved,  with  the  following 
exception : 

On  pp.  157  and  158  the  record  declares  that  Synod  refused  to  enroll 
the  Rev.  E.  B.  Smith,  because  he  had  made  no  public  contradiction  of 
the  fact  that  his  name  appears  in  the  public  prints  as  a  signer  of  the 
Declaration  and  Testimony,  although  he  privately  informed  the  Stated 
Clerk  of  Synod  that  he  had  neither  himself  signed  the  "  Declaration 
and  Testimony,"  nor  authorized  any  one  to  sign  it  for  him,  as  appears 
from  p.  153  of  the  records. 

It  seems  to  the  Committee  that  the  Synod  should  have  directed  the 
Rev.  Mr.  Smith  to  make  a  public  contradiction  before  taking  further 
action,  because,  as  the  record  now  stands,  it  implies  that  the  Synod  has 


684  BOOK    OF    DISCIPLINE,    SECT.    72. 

no  confidence  in  his  statements.  If  his  statements  are  unworthy  of 
belief  he  should  be  disciplined.  The  Committee  recommend  that  the 
Synod    be  directed  to  review  its  action. — 1867,  p.  357,  O.  S. 

C.  Overture  on  the  doings  of  the  Synod  of  Michigan,  the  matter  of 
enjoining  the  Presbyteries  of  St.  Joseph  and  Monroe  to  erase  the  names 
of  Rev.  Marcus  Harrison  and  Rev.  A.  L.  Payson  from  their  rolls,  wa.s 
taken  up.  It  was  Resolved,  That  the  action  of  the  Synod  in  the  prem- 
ises is  unconstitutional. — 1849,  p.  177,  N.  S. 

4.  A  superior  judicatory  may  not  compel  an  inferior  court  to  reverse 
its  decision,  without  assigning  specific  reasons. 
Synod  of  Pittsburgh.  Inasmuch  as  it  is  contrary  to  the  spirit  and 
principles  of  the  Presbyterian  Church,  and  subversive  of  the  true  design 
of  ecclesiastical  discipline,  for  a  superior  judicatory  to  compel  an  inferior 
court  to  reverse  its  decision,  rendered  after  a  full,  fair  and  impartial 
trial,  without  assigning  and  placing  on  record  some  specific  reason  for 
such  reversal, — that  the  records,  so  far  as  they  relate  to  this  point  in  the 
case,  be  disapproved. — 1874,  p.  86. 

5.  The  reasons  assigned  are  subject  to  review. 

The  records  of  the  Synod  of  Kentucky  were  approved,  with  the  follow- 
ing exception: 

On  pp.  128  and  129,  the  Synod  except  to  the  action  of  a  Presbytery 
in  appi'oving  the  Sessional  records  of  a  certain  church,  because  of  the 
alleged  irregularity  of  said  Session  in  receiving  members  into  the  church 
on  return  of  certificates  alone,  after  undue  length  of  time,  knowledge  of 
such  irregularity  being  brought  to  the  Synod's  notice  by  a  protest  (Book 
of  Discipline,  Old,  Chap,  ii.  Sec.  ii).  Your  Committee  recommend 
that  exception  be  taken  to  this  action  of  the  Synod,  because  in  their 
judgment  the  Synod's  exception  to  the  Presbytery's  action  is  not  well 
taken;  for  the  reason  that  it  appears  to  your  Committee,  from  papei-s 
placed  in  their  hands,  and  which  ought  to  have  been  in  the  Synod's 
possession  before  taking  action  in  the  case,  that  the  parties  in  question 
had  good  and  suflScient  reasons  for  such  delay:  being  unsettled  as  to  a 
permanent  home,  their  moral  and  religious  life  meantime  being  well 
known  to  all  the  Session  as  fully  comporting  with  the  requirements  of 
the  Gospel  of  Christ.— 1880,  p.  79. 

[Note. — See  Book  of  Discipline,  Sec.  cxiv.] 

6.  Censure  without  due  examination  condemned. 

The  records  of  the  Synod  of  the  Pacific  approved,  with  the  following 
exception,  viz.,  that  on  p.  632  a  Committee,  appointed  to  answer  a  pro- 
test, report  that  they  have  not  had  time  to  examine  the  authorities 
referred  to,  yet  proceed  to  pass  severe  judgment  in  the  case. — 1882,  p.  94. 

7.  No  second  approval  of  the  minutes  necessary. 
Overtures  from  the   Presbyteries  of  Kittanning  and  Butler,  respec- 
tively, asking  whether  it  is  necessary  formally  to  approve,  after  they  are 
engrossed,  minutes  which  wei'e  approved  before  they  were  engrossed  ? 
Your  Committee  recommend  that  the  answer  he  as  follows: 

It  is  the  regular  custom  of  our  Presbyteries  to  read  all  minutes  at  the 
close  of  the  session  from  the  original  copy  for  approval,  and  to  record 
such  approval  in  the  minutes  themselves.  It  is  usual  to  read  the 
engrossed  copy  at  the  next  session  of    Presbytery  for  information,  and  if 


GENERAL  REVIEW  AND  CONTROL.  685 

clerical  errors  be  discovered  they  should  be  corrected  by  resolution,  but 
no  second  resolution  for  the  approval  of  said  minutes  is  or  should  be 
required.— 1892,  p.  188. 

[Note. — See,  also,  in  this  Digest,  p.  247.] 

III.     WHETHER  THEY  HAVE  BEEN  WISE,  EQUITABLE,  AND  FOR  THE 
EDIFICATION  OF  THE  CHURCH. 

1.    The  lower  judicatories  must  respect  the  decisions  of  the  superior. 

a.  The  records  of  the  Synod  of  Missouri  were  approved,  except  a 
resolution  on  p.  324,  viz. :  ' '  That  the  action  of  the  General  Assembly 
in  May  last,  in  relation  to  the  political  condition  of  the  country,  was 
unscriptural,  unconstitutional,  unwise,  and  unjust;  and  we  therefore 
solemnly  pi'otest  against  it,  and  declare  it  of  no  binding  force  whatever 
upon  this  Synod,  or  upon  the  members  of  the  Presbyterian  Church  within 
our  bounds."— 1862,  p.  631,  O.  S. 

b.  The  records  of  the  Synod  of  Kentucky  were  approved  with  the 
following  exception : 

That  this  General  Assembly  cannot  approve  the  Synod's  disapproval 
of  the  action  of  the  Assembly  of  1861,  as  recorded  in  the  Synod's 
minutes  on  pp.  49  and  50.— 1862,  p.  631,  O.  S. 

2.    Synods  censured  for  insubordination  and  disrespect, 

a.  Resolved,  That  this  Assembly  does  not  approve  the  records  of  the 
Synod  of  Missouri ;  that  so  much  of  said  records  as  attempt  to  declare 
null  and  void  the  previous  action  of  the  Synod,  which  had  been  formally 
approved  by  the  Assembly,  is  an  act  of  insubordination,  which  said 
Synod  is  hereby  required  to  reconsider  and  reverse ;  that  they  report  to 
the  next  Assembly  what  they  have  done  or  failed  to  do  in  the  premises 
and  until  that  time  the  usual  certificate  of  the  Moderator  be  withheld.* 

The  remaining  portion  of  the  report  was  then  adopted  as  follows: 

On  p.  365,  where  the  Synod  reaffirm  their  testimony  of  November, 
1861,  with  regard  to  the  action  of  the  Assembly  of  the  same  year, 
known  as  the  Spring  Resolutions—  which  testimony  declares  the  action  of 
that  Assembly  on  the  state  of  the  country  to  be  "  unscriptural,  uncon- 
stitutional, unwise  and  unjust;  of  no  binding  force  whatever  on  this 
Synod,  or  upon  the  members  of  the  Presbyterian  Church  within  our 
bounds. ' ' 

The  Committee  also  recommend  that,  besides  excepting  to  the  record 
as  above  stated,  the  repeated  exhibition  of  such  a  rebellious  spirit,  on  the 
part  of  any  inferior  court  toward  the  supreme  judicatory  of  the  Church, 
should  not  pass  without  censure. — 1866,  p.  97,  O.  S. 

b-  The  Committee  recommended  approval  with  the  following  excep- 
tion :  The  Synod  of  Albany  claim  and  exercise  the  right  of  disregarding 
the  exceptions  to  their  records  by  the  General  Assembly  of  1847,  which 
they  consider  disrespectful  and  disorderly. — 1848,  reprint,  p.  42,  O.  S. 

C.  Finally,  the  Assembly  cannot  but  express  their  disapprobation  of 
the  concluding  paragraph  of  the  memorial  of  the  Synod  of  Ohio,  in 
which  they  say,  "  the  Synod  consider  the  judgments  entered  upon  their 
records  against  Samuel  Lowery  in  October,  1822,  as  remaining  in  full 
force,"  etc. 

*  The  next  year,  the  Synod  having  complied  with  the  requirements  of  the  Assem- 
bly, as  appeared  from  an  official  transcript  of  its  records  on  the  subject  read  to  the 
Assembly,  the  Moderator  was  directed  to  approve  the  records  of  the  Synod  of  Mis- 
souri of  last  year.— 1867,  p.  316,  O.  S. 


686  BOOK    OF    DISCIPLINE,    SECT.    72. 

This  declaration,  notwithstanding  the  respectful  expressions  of  the 
Synod,  is  apparently  wanting  in  the  respect  due  from  an  inferior  to  a 
superior  judicatory;  and  is  repugnant  to  the  radical  principles  of  the 
government  of  the  Presbyterian  Church.  If  an  inferior  court  has 
authority  to  declare  that  its  own  decisions  are  in  force,  after  they  have 
been  reversed  by  a  superior  court,  then  all  appeals  are  nugatory,  and  our 
system,  as  it  relates  to  judicial  proceedings,  is  utterly  subverted.  The 
Assembly  are  willing  to  believe,  however,  that  the  Synod  of  Ohio  did 
not  mean  to  set  themselves  in  opposition  to  the  highest  judicatory  of  the 
Church,  and  that  when  they  have  reconsidered  the  matter,  they  will 
rescind  what  is  so  manifestly  inconsistent  with  the  principles  of  the 
Constitution,  which  they  have  bound  themselves  to  support. — 1824,  p. 
116. 

3.    Irregularities  recited  and   animadverted   on.    Complaint  will  lie 

ag^ainst  decisions  not  judicial.    Action  insufficient  and  unjust.    A 

member  of  the  court  may  be  called  as  a  witness.    Minutes  should 

be  approved  before  adjournment. 

The  minutes  of  the  Synod  of    Cincinnati  were   approved,   with  the 

following  exceptions: 

a.  Exception  1.  The  dismissal  of  Complaints  Nos.  2,  3,  4,  5;  the 
paper  entitled  Appeal  No.  6  (pp.  345-347)  ;  and  the  complaint  of  the 
Rev.  Thomas  H.  Skinner  (pp.  441,  442),  on  the  ground  that  they  were 
not  from  judicial  decisions. 

b.  Exception  2.  That  the  action  of  Synod  in  reference  to  the  case  of 
the  Rev.  N.  West,  D.D.,  against  the  Rev.  B.  P.  Aydelotte,  D.D. ,  was 
both  insufficient  and  unjust.  The  action  referred  to  is  the  first  exception 
to  the  minutes  of  the  Presbytery  of  Cincinnati,  adopted  November  20, 
1877,  and  is  as  follows:  "  The  Presbytery  seems  to  have  gone  to  the 
extreme  of  leniency  in  being  satisfied  with  Dr.  B.  P.  Aydelotte's  explana- 
tion of  an  article  published  in  the  Chridian  Press  of  May,  1876,  which 
Dr.  N.  West  deemed  slanderous,  and  for  which  he  tabled  charges  against 
the  author.  We  do  not  mean  to  say  that  judicial  process  should  have 
been  instituted,  but  we  think  Dr.  Aydelotte  should  have  been  exhorted 
to  be  more  careful  in  publishing  articles  capable  of  so  offensive  a  per- 
sonal interpretation."  The  Synod,  in  view  of  their  own  declarations, 
should  either  have  directed  the  Presbytery  to  entertain  the  charge  of 
Dr.  West,  or  to  have  adopted  a  minute  declaring  him  free  from  the 
imputations  of  published  articles  which  they  declared  capable  of  an 
"  offensive  personal  interpretation,"  especially  in  view  of  the  complete 
vindication  of  Dr.  West  by  the  Presbytery  a  few  weeks  before  (see 
minutes  of  the  Presbytery  of  Cincinnati,  at  Glendale,  April  13,  1876). 

C.  Exception  3.  That  the  action  of  Synod  in  reference  to  the  second 
exception  (printed  p.  27)  is  manifestly  insufficient  and  unjust;  each 
action  of  the  Presbytery,  if  it  was  as  Synod  declares  it  to  be,  should 
have  called  down  upon  the  Presbytery  the  severest  rebuke  for  malfea- 
sance. 

And  further,  there  seems  to  be  no  evidence  of  any  kind,  on  the 
records  of  the  Presbytery,  of  any  such  statements  made  by  Dr.  West  as 
are  alleged  to  have  been  made  in  Resolution  2  of  the  Judicial  Committee 
of  the  Presbytery;  and  the  fact  that  said  resolution  was  adopted  a  year 
subsequent  to  the  time  alluded  to,  and  in  the  absence  of  Dr.  West,  and 
the  Synod's  own  statement  that  it  seems  to  have  been  prepared  for  a 


GENERAL    REVIEW    AND    CONTROL.  687 

purpose,  demand  that  the  said  resolution  be  expunged  from  the  records 
of  the  Presbytery  of  Cincinnati. 

d.  Exception  4.  That  the  action  of  Synod  in  reference  to  the  third 
exception  (printed  p.  27)  is  insufficient  and  unjust,  because  the  act 
barely  disapproved,  involved  the  subjection  of  Dr.  West,  without  cause, 
in  a  matter  of  private  affliction,  to  the  suspicion  of  improper  conduct, 
when  a  Committee  of  the  Presbytery,  in  a  report  approved  by  the  Pres- 
bytery, had  declared  themselves  satisfied  as  to  the  propriety  of  his  con- 
duct.    The  action  of  the  Presbytery  should  have  been  rebuked. 

Exception  5.  In  not  sustaining  Exception  2  to  the  minutes  (p.  409), 
in  the  following  words,  "  Denying  to  the  prosecution  the  right  to  intro- 
duce members  of  the  court  on  the  spot,  without  a  citation,  to  disprove 
and  rebut  certain  testimony  of  the  defence. ' ' 

Exception  6.  In  not  approving  the  minutes  of  the  last  day  of  the 
meeting  of  the  Synod  at  Cincinnati,  February  14,  1878,  before  their 
adjournment.     Adopted. — 1878,  pp.  117,  118. 

4.    The  approval  of  the  minutes  does  not  affect  the  right  of  appeal  or 
complaint  against  any  action  taken. 

Overture  from  Rev.  Luther  Dodd,  a  member  of  the  Presbytery  of 
Fort  Dodge,  asking  the  General  Assembly  to  reply  to  the  following 
questions : 

1.  Does  the  approval  of  the  minutes  of  a  lower  court,  as  those  of  a 
Presbytery  by  a  Synod,  not  necessarily  carry  with  it  an  approval  of  any 
and  every  judicial  decision  recorded  in  those  minutes  ? 

2.  Is  it  competent  for  a  Synod,  having  approved  the  records  of  a 
Presbytery,  to  remand  a  case  recorded  in  those  records  for  new  trial,  on 
grounds  reflecting  censure  on  the  Presbytery  ? 

3.  Or  would  it  be  proper  for  a  Synod,  in  a  case  where  they  approve 
the  minutes  of  Presbytery,  to  require  a  new  trial  on  any  other  grounds 
than  alleged  new  testimony  ? 

The  Committee  recommended  the  following  reply:  The  constituted 
right  of  appeal,  "  either  from  a  jiart  of  the  proceedings  of  a  judicatory 
or  from  a  definitive  sentence,"  and  the  right  of  complaint  "  respecting  a 
decision  by  an  inferior  judicatory,"  "  either  before  its  rising,  or  within 
ten  days  thereafter, ' '  cannot  be  in  any  way  affected  by  the  approval  of 
the  minutes  of  the  judicatory,  against  the  action  of  which  the  appeal  or 
complaint  may  be  taken.     Adopted. — 1879,  p.  613. 

5.    The  approval  of  the  minutes  does  not  validate  all  action  had. 

a.  A  memorial  from  the  Synod  of  Minnesota  with  reference  to  the 
relation  of  the  churches  of  Douglass  county.  Wis. ,  to  the  Presbytery  of 
Duluth. 

Ansiver :  The  approval  of  the  minutes  of  the  Synods  of  Wisconsin 
and  Minnesota  by  the  General  Assembly  of  1 889  does  not  make  valid 
the  action  taken  by  said  Synods  in  relation  to  the  churches  of  Douglass 
county.  Wis.— 1890,  pp.  128,  129. 

b.  A  memorial  from  the  Synod  of  Minnesota,  inquiring  whether  the 
approval  by  the  General  Assembly  of  the  minutes  of  Minnesota  and  of 
Wisconsin  did  not  carry  with  it  a  grant  of  their  petition  for  a  change 
in  the  boundaries  of  the  two  Synods.  Recommended  that  the  inquiry  be 
answered  in  the  negative. — 1890,  p.  130. 


688  BOOK   OF    DISCIPLINE,  SECT.  72-74. 

6.    Review  and  control  does  not  extend  to  statistical  items 
in  Session  records. 

Overture  from  the  Presbytery  of  Chicago,  on  the  following  points: 

1.  Does  the  right  of  "general  review  and  control"  extend  to  the 
statistical  items  of  baptisms  and  administrations  of  the  Lord's  Supper, 
inserted  for  record  and  convenient  reference,  in  chronological  order, 
between  the  minutes  of  actual  proceedings  ? 

7.  Nor  to  the  agreement  of  the  action  of  Sessions  with  Presbyterial 

rules  for  Sessions,  not  warranted  by  the  Constitution. 

2.  Can  the  Presbytery  pass  rules  for  the  conduct  of  church  Sessions, 
and  then  take  exception  to  the  proceedings  of  church  Sessions  that  are 
not  according  to  said  rules,  when  the  rules  are  not  prescribed  by  our 
Form  of  Government  or  Book  of  Discipline  ? 

Your  Committee  recommend  that  both  these  questions  be  answered  in 
the  negative.     Adopted. — 1883,  p.  631. 

8.  Action  modified  or  reversed  by  the  reviewing  judicatory  may  be 

excepted  to. 

a.  The  records  of  the  Synod  of  California  were  approved  except  so 
far  as  the  actions  therein  recorded  have  been  modified  or  reversed  in 
Judicial  Cases  Nos.  5,  6  and  7.— 1896,  p.  154. 

b.  Synod  of  Pennsylvania,  except: 

1.  So  much  of  the  record  as  refers  to  the  West  Elizabeth  church  case 
(pp.  47,  48),  the  judgment  of  the  Synod  being  reversed  by  the  General 
Assembly  (see  Judicial  Case  No.  2,  p.  85).— 1896,  p.  155. 

LXXIII.  Members  of  a  judicatory,  the  records  of  which  are  under 
review,  shall  not  be  allowed  to  vote  thereon. 

Cases  cited. 

a.  A  protest  signed  by  a  number  of  members  of  the  Synod  of  Geneva, 
against  a  decision  of  that  Synod,  excluding  the  Presbytery  of  Geneva 
from  voting  on  the  question.  Whether  their  own  records  should  be 
attested  by  the  Moderator  of  the  Synod  as  approved.  Your  Committee 
were,  however,  of  opinion  that  the  decision  of  the  Synod  was  consonant 
to  the  prevalent  usage  of  the  judicatories  of  the  Presbyterian  Church,  as 
well  as  to  the  usage  of  other  analogous  bodies  in  similar  cases,  and  that 
it  ought  therefore  to  be  approved.     Adopted. — 1816,  p.  611. 

b.  The  records  of  the  Synod  of  Kentucky  approved,  except  "  that 
the  members  of  the  West  Lexington  Presbytery  voted  in  approbation  of 
their  own  proceedings,  which  is  deemed  to  be  irregular." — 1821,  p.  23. 

C.  The  Moderator  and  elder  from  the  Session  of  Irish  Grove  claimed 
the  right  to  vote  on  the  disapproval  of  their  records;  which  was  refused 
by  Presbytery.  The  Session  complained.  The  Assembly  inter  alia 
decide : 

That  the  Presbytery  of  Sangamon  acted  correctly  in  not  permitting  the 
members  of  Irish  Grove  Session  to  vote  for  approving  or  disapproving 
their  own  records. — 1851,  p.  33,  O.  S. 

[Note.— See  also,  under  Book  of  Discipline,  Sees,  xc  and  xcviii.] 

LXXIV.  In  most  cases  the  superior  judicatory  may  discharge  its 
duty,  by  simply  placing  on  its  own  records,  and  on  those  under  review, 
the  censure  which  it  may  pass.     But  irregular  proceedings  may  be  found 


■    GENERAL    REVIEW    AND    CONTROL.  689 

SO  disreputable  aud  injurious,  that  the  inferior  judicatory  must  be 
required  to  review  and  correct,  or  reverse  them,  and  report,  within  a 
specified  time,  its  obedience  to  the  order:  provided,  however,  that  no 
judicial  decision  shall  be  reversed,  unless  regularly  taken  up  by  appeal 
or  complaint. 

1.  The  Assembly  may  not  reverse  the  judicial  acts  of  a  former 

Assembly,  except  in  case  of  manifest  injustice. 

a.  This  Assembly  has  no  authority  to  reverse  the  judicial  acts  of  a 
former  General  Assembly,  except  in  cases  of  such  palpable  error  as 
would  manifestly  tend  to  interfere  with  the  substantial  administration  of 
justice.     Case  of  S.  Lowry. — 1824,  p.  115. 

b.  This  Assembly  are  of  opinion  that  the  correct  mode  of  proceed- 
ing for  the  last  Assembly  would  have  been  to  have  suspended  the  decision 
on  the  appeal,  until  the  records  of  the  inferior  judicatories  should  have 
been  present,  because  the  rules  in  our  Form  of  Government  prescribe, 
that  before  a  judgment  is  given,  all  the  proceedings  of  the  inferior  judica- 
tories in  the  case  should  be  read,  and  it  is  a  sound  maxim,  generally 
admitted  in  courts  of  justice,  that  the  best  evidence  which  the  case 
admits  of  should  be  required,  which  in  all  trials  is  undoubtedly  the  record 
of  the  judicatory.  But  while  they  entertain  this  opinion  of  the  mode  of 
proceeding,  they  believe  that  the  decision  of  the  last  General  Assembly 
was  substantially  correct,  and  was  not  different  from  what  it  would  have 
been  if  they  had  had  all  the  proceedings  of  the  inferior  judicatories 
before  them. — Ibid. 

C.  A  memorial  of  the  pastor  and  ruling  elders  of  the  church  of 
Bloomington,  111. ,  in  respect  to  the  decision  of  the  last  Assembly  upon 
the  appeal  of  Dr.  T.  F.  Worrell. 

The  Committee  recommend  that  this  memorial  be  dismissed,  on  the 
ground  that  it  is  not  competent  for  this  Assembly  to  revise  the  proceed- 
ings of  a  previous  Assembly  in  a  judicial  case. 

The  recommendation  was  adopted. — 1864,  p.  313,  O.  S. 

2.    But  will  correct  error  when  shown  to  exist. 

In  the  case  of  the  memorial  of  the  Synod  of  Onondaga  (see  Minutes, 
1864,  p.  474,  N.  S. ),  it  was  determined  inter  alia  as  follows: 

2.  In  view  of  the  whole  case,  your  Committee  further  find  that  the 
last  Assembly  seem  to  have  acted  without  such  a  knowledge  of  all  the  facts 
of  the  case  as  a  regular  presentation  of  the  complaint  and  the  record 
would  have  given  them ;  and  that,  therefore,  the  case  is  one  which 
justifies  the  action  of  this  Assembly  in  relief  of  the  Synod. 

3.  Your  Committee  further  find  that  the  action  of  the  Synod  was 
scrupulously  conformed  to  the  requirements  of  our  Book. 

They  had  the  right  to  send  the  case  back  to  the  Presbytery,  or  to 
review  the  whole  of  it,  according  to  their  discretion.  It  is  not  for  this 
court  to  decide  which  would  have  been  the  wiser  course.  The  Synod 
judge  it  best  to  review  the  whole  case,  and  their  discretion  is  not  a 
matter  of  review  by  this  body. 

Your  Committee,  therefore,  recommend: 

That  the  requisition  of  the  last  Assembly  on  the  Synod  of  Onondaga 
be  rescinded,  and  that  the  case  be  dismissed. 

While  the  Committee  come  to  this  conclusion,  they  feel  constrained 
44 


690  BOOK   OF   DISCIPLINE,    SECT.    74. 

also  to  express  decidedly  their  disapproval  of  the  language  of  the  Synod, 
pronouncing  the  action  of  the  Assembly  "  unjust  and  unconstitutional." 
The  report  was  adopted.— 1864,  p.  475,  N.  S. 

3.  The  Assembly,  on  memorial,  and  error  proven,  revokes  its  action 
and  remands  the  case. 

Paper  No.  3  is  a  memorial  of  the  Presbytery  of  Furrukhabad  to  the 
General  Assembly,  dated  February  21,  1884,  asking  that  the  resolution 
of  the  last  General  Assembly,  censuring  the  said  Presbytery,  and 
directing  it  to  reconsider  its  action  in  restoring  Rev.  John  S.  Woodside 
to  the  ministry  (see  Minutes,  p.  628,  4),  be  revoked,  and  that  the  case 
be  referred  to  the  Synod  of  India  for  final  adjudication. 

1.  Your  Committee  find  that  said  action  was  taken  upon  a  complaint  of 
the  Presbytery  of  Saharanpur  against  the  Board  of  Foreign  INIissions, 
for  employing  Mr.  Woodside  while  under  sentence  of  deposition  by  said 
Presbytery  of  Saharanpur. 

2.  That  the  Presbytery  of  Furrukhabad  was  not  complained  of,  nor 
even  named  or  referred  to  in  said  complaint. 

3.  That  the  Presbytery  of  Furrukhabad  was  not  notified  of  the  pre- 
sentation of  said  complaint,  nor  Avas  it  cited  to  appear  in  answer  to  the 
same,  nor  to  give  reasons  for  its  action;  it  had  no  representative  in  the 
Assembly,  and  its  records  were  not  before  the  Assembly  or  its  Committee; 
the  Presbytery,  therefore,  had  no  opportunity  to  defend  itself  nor  to 
justify  its  action  before  the  General  Assembly. 

All  the  facts  in  respect  to  the  deposition  and  restoration  of  Mr.  Wood- 
side  took  place  in  India,  and  the  Synod  of  India,  being  on  the  ground, 
has  means  and  facilities  for  examining  the  case  and  reaching  a  just  and 
fair  decision  upon  all  the  merits  of  the  question  at  issue  between  the 
Presbyteries  which  it  is  difficult,  if  not  impossible,  for  the  General 
Assembly  to  avail  itself  of;  and  to  that  Synod  the  whole  matter  should, 
in  the  opinion  of  your  Committee,  be  remitted  for  determination,  subject 
to  final  review  in  a  regular  way  by  the  General  Assembly. 

Your  Committee,  therefore,  recommend  the  following  resolution: 
Resolved,  That  the  resolution  of  the  last  General  Assembly  {Minutes, 
p.  628,  4),  in  respect  to  the  action  of  the  Presbytery  of  Furrukhabad, 
in  restoring  John  S.  AVoodside  to  the  ministry,  and  the  direction  there 
given  to  the  Presbytery,  be  and  they  are  hereby  revoked,  and  that  the 
whole  case  be  and  the  same  is  hereby  referred  to  the  Synod  of  India,  for 
its  review,  examination  and  adjudication,  according  to  the  Constitution 
of  the  Church.     Adopted.— 1884,  pp.  108,  109. 

4.    Exceptions  must  be  recorded  by  the  judicatory  excepting. 

a.  Overture  from  the  Presbytery  of  Columbus,  requesting  the  Assem- 
bly to  direct  the  insertion,  in  the  minutes  of  this  Assembly,  of  the  excep- 
tions taken  by  the  last  Assembly  to  the  records  of  the  Synods  of  Cincin- 
nati, Illinois  Central,  Indiana  North,  New  Jersey,  and  Tennessee,  as 
noted  on  p.  580,  Minutes  of  1877;  and  further,  to  direct  the  Clerks 
hereafter  carefully  to  observe  the  constitutional  rules  in  this  respect. 

The  Committee  recommend  the  following  answer: 

That  while  the  Assembly  does  not  deem  it  expedient  to  order  the  inser- 
tion of  the  exceptions  taken  to  the  records  of  the  Synods  in  question  the 
last  year,  it  calls  the  particular  attention  of  the  Recording  Clerks  of  the 
General  Assembly  to  the  duty  of  complying  with  the  requirements  of  the 


GENERAL    REVIEW    AND   CONTROL.  691 

Book  of  Discipline  (Old),  Chap,  vii,  Sec.  i,  Sub-sec.  3.  Adopted. — 
1878,  p.  27. 

b.  The  records  of  the  Synod  of  Indiana  approved,  "  except  that  on 
p.  342  the  records  of  Greencastle  Presbytery  are  reported  as  approved, 
with  exceptions,  while  these  exceptions  are  not  spread  on  the  minutes  of 
the  Synod,  as  required  by  the  Book  of  Discipline  (Old),  Chap,  vii,  Sec. 
i.  Sub-sec.  3."— 1857,  p.  387,  N.  S. 

C.  Synod  of  Wheeling,  p.  409.  The  exceptions  to  the  records  of 
New  Lisbon  Presbytery  are  not  recorded,  in  violation-  of  the  Book  of 
Discipline  (Old),  Chap,  vii,  Sec.  i,  Sub-sec.  3.— 1859,  p.  550,  O.  S. 

d.  The  Synod  of  Illinois  North,  except  the  omission  from  record  of 
the  exceptions  to  the  minutes  of  the  Presbytery  of  Chicago,  which,  it  is 
stated  on  p.  285,  were  adopted  by  the  Synod.     Adopted. — 1881,  p.  593. 

[Note.— See  Moore's  Digest,  1886,  p.  605.] 

5.    Irregular  and  injurious  proceedings  censured.    Reasons  for 
discipline  must  be  given. 

Exception  to  the  records  of  the  Synod  of  Onondaga.  "  On  p.  186 
we  find  the  Synod  administering  censure  to  the  Presbytery  of  Cayuga 
for  an  act  of  discipline  toward  one  of  its  churches  on  the  ground  that 
the  reasons  for  such  discipline  were  not  given  according  to  the  require- 
ments of  our  Book  of  Discipline,  yet  on  the  next  page  we  find  the  said 
Synod  reaffirming  the  acts  of  a  church  censured  by  its  Presbytery,  and 
revereing  the  decision  of  the  Presbyteiy,  without  giving  the  required 
reasons  for  such  a  singular  proceeding." — 1863,  p.  277,  N.  S. 

[Note. — See,  also,  under  Sec.  Ixxii,  p.  681.] 

6.    Judicial  decisions  may  not  be  reversed  on  review,  but  must  be 
respected  until  passed  upon  by  the  superior  judicatory. 
[In  a  case  where  the  organization  of  a  Presbytery  was  irregular,  see 
Form  of  Government,  Chap,  x,   pp.   178  and  189.     The  Assembly  inter 
alia  declare :] 

a.  The  Book  of  Discipline  (Old),  however,  prescribes,  Chap,  vii. 
Sec.  i,  Sub-se(^  4,  that  "  no  judicial  decision  of  a  judicatory  shall  be 
reversed  unless  it  be  regularly  brought  up  by  appeal  or  complaint." 

The  trial  of  a  minister  under  the  circumstances  proposed  in  the  over- 
ture, must  be  regarded  as  any  other  trial ,  where  there  has  been  informality 
or  irregularity  in  the  citation,  or  other  preliminary  stages  of  the  process. 
The  trial,  with  the  judgment  based  upon  it,  must  be  respected,  until 
the  Synod,  as  the  superior  judicatory,  shall  judge  how  far  the  irregularity 
vitiates  the  proceedings,  and  defeats  the  ends  of  justice,  and  shall  annul 
or  confirm  the  same. — 1861,  p.  457,  N.  S. 

b.  The  Synod  likewise  seems  to  have  erred  in  censuring  as  they  did  the 
Committee  of  the  Miami  Presbytery,  and  in  acting  inconsistent  with 
Constitutional  Rules  (Discipline,  Old),  Chap,  vii,  Sec.  i,  Sub-sees.  2 
and  4,  by  virtually  reversing  a  judicial  decision,  and  this  without  citing 
the  Presbytery  to  appear  and  answer,  on  the  mere  review  of  their 
records.— 1857,  p.  45,  O.  S. 

[Note.— See,  also,  under  Sec.  Ixxii,  p.  681;  1874,  p.  86;  and  1879,  p.  613.] 

7.    On  review  a  Synod  is  directed  to  review  and  correct 
its  proceedings. 

With  respect  to  the  irregularity  of  its  proceedings,  the  -Assembly 
directs  the  Synod  of  Atlantic  to  review  and  correct  so  much  of  its  pro- 


692  BOOK    OF    DISCIPLINE,  SECT.    74-78. 

ceediugs  as  were  of  a  judicial  character  (case  of  James  A.  Rainey,  1891, 
p.  144)  in  accordance  with  the  provisions  of  the  Book  of  Discipline, 
Section  Ixxiv,  care  being  had,  in  such  correction,  to  the  direction  of  this 
Assembly  in  the  matter  of  the  appeal  of  the  Rev.  James  A.  Rainey 
against  the  Synod  of  Atlantic. — 1891,  p.  188. 

LXXV.  If  a  judicatory  is,  at  any  time,  well  advised  of  any  uncon- 
stitutional proceedings  of  a  lower  judicatory,  the  latter  shall  be  cited  to 
appear,  at  a  specified  time  and  place,  to  produce  the  records,  and  to  show 
what  it  has  done  in  the  matter  in  question ;  after  which,  if  the  charge  is 
sustained,  the  Avhole  matter  shall  be  concluded  by  the  judicatory  itself, 
or  be  remitted  to  the  lower  judicatory,  with  directions  as  to  its  disposition. 

[Note. — See,  Form  of  Government,  Chap,  xii,  Sec.  v,  p.  281,  and  Book  of  Discipline, 
Sec.  Ixxvi.] 

LXXVI.  Judicatories  may  sometimes  neglect  to  perform  their  duty, 
by  Avhich  neglect  heretical  opinions  or  corrupt  practices  may  be  allowed 
to  gain  ground,  or  offenders  of  a  gross  character  may  be  suffered  to 
escape ;  or  some  part  of  their  proceedings  may  have  been  omitted  from 
the  record,  or  not  properly  recorded.  If,  therefore,  at  any  time,  the 
superior  judicatory  is  well  advised  of  such  neglects,  omissions,  or  irregu- 
larities on  the  part  of  the  inferior  judicatory,  it  may  require  its  records 
to  be  produced,  and  shall  either  proceed  to  examine  and  decide  the 
whole  matter,  as  completely  as  if  proper  record  had  been  made;  or  it 
shall  cite  the  lower  judicatory,  and  proceed  as  in  the  next  preceding 

section. 

1.    Citation  of  judicatories  on  review  or  on  advice. 

a.  Resolved,  1.  That  the  proper  steps  be  now  taken  to  cite  to  the  bar 
of  the  next  Assembly  such  inferior  judicatories  as  are  charged  by  com- 
mon fame  with  irregularities. 

2.  That  a  Special  Committee  be  now  appointed  to  ascertain  what 
judicatories  are  thus  charged  by  common  fame  ;*  prepare  charges  and 
specifications  against  them ;  and  to  digest  a  suitable  plan  of  procedure 
in  the  matter ;  and  that  said  Committee  be  requested  to  report  as  soon  as 
practicable. 

3.  That,  as  citation  on  the  foregoing  plan  is  the  commencement  of  a 
process  involving  the  right  of  membership  in  the  Assembly;  therefore. 

Resolved,  That  agreeably  to  a  principle  laid  down  in  Chap,  v,  Sec.  ix, 
of  the  Book  of  Discipline  (Old),  the  members  of  said  judicatories  be 
excluded  from  a  seat  in  the  next  Assembly,  until  their  case  shall  be 
decided.— 1837,  p.  425. 

II.    OF  REFERENCES. 

LXXVII.  A  Reference  is  a  representation  in  writing,  made  by  an 
inferior  to  a  superior  judicatory,  of  a  judicial  case  not  yet  decided. 
Generally,  however,  it  is  more  conducive  to  the  public  good  that  each 
judicatory  should  fulfill  its  duty  by  exercising  its  own  judgment. 

*  "  Comipon  Fame''  is  not  recognized  by  the  present  Book  of  Discipline  as  an 
accuser.  A  judicatory  can  act  only  when  "well  advised,"  i.  e.,  by  competent  and 
credible  testimony,  whether  of  person  or  of  record.    See  this  Digest,  p.  635. 


OF    REFERENCES.  693 

1.    Reference  is  voluntary. 

Appeal  of  Mrs.  M.  J.  Browning  from  a  decision  of  the  Synod  of 
Geneva,  sustained,  inter  alia, 

Because  reference  is  by  a  lower  to  a  superior  court,  and  is  voluntary, 
and  not  subject  to  the  order  of  a  higher  court.     Adopted. — 1878,  p.  34. 

[Note. — See  Form  of  Government,  Chap,  x,  Sec.  viii,  p.  223  ;  complaint  of  Sewickley 
church.] 

LXXVIII.  Cases  which  are  new,  important,  difficult,  or  of  pecuHar 
delicacy,  the  decision  of  which  may  establish  principles  or  precedents  of 
extensive  influence,  on  which  the  inferior  judicatory  is  greatly  divided, 
or  on  which  for  any  reason  it  is  desirable  that  a  superior  judicatory  should 
first  decide,  are  proper  subjects  of  reference. 

1.    References  have  been  entertained,  e.  g. 

.a. .  The  Synod  of  the  Cai'olinas  referred  to  the  A.ssembly  the  case  of 
Rev.  Hezekiah  Balch,  charged  with  error  in  doctrine. — 1798,  p.  151. 

b.  The  Presbytery  of  Philadelphia  on  the  propriety  of  their  ordain- 
ing to  the  work  of  the  Gospel  ministry  a  licentiate  under  their  care  who 
BOW  holds  the  office  of  a  chaplain  in  the  navy  of  the  United  States. 
See  Form  of  Government,  Chap,  xv.  Sec.  xv. — 1826,  p.  171. 

C.  The  Presbytery  of  Cayuga  relative  to  the  constitutionality  of  a 
rule  of  that  body.  See  Form  of  Government,  Chap,  x,  Sec.  viii. — 
1830,  p.  284. 

d.  The  Synod  of  Philadelphia  in  relation  to  the  right  of  Presbyteries 
to  require  every  minister  or  licentiate,  coming  to  them  by  certificate  from 
another  Presbytery  or  other  ecclesiastical  body,  to  submit  to  an  examina- 
tion before  he  be  received. — 1882,  p.  355. 

e.  A  reference  from  the  Presbytery  of  AVest  Tennessee,  requesting  an 
answer  to  the  two  following  questions,  viz.:  "1.  What  are  the  nature 
and  duties  of  the  office  of  deacons  ?  2.  What  is  the  Scriptural  and 
appropriate  mode  of  ordination  ?"  was  taken  up,  and  after  some  discussion 
committed  to  Mr.  Beach,  Mr.  Vail  and  Mr.  Hoyt.— 1833,  p.  393. 

f.  From  the  Presbytery  of  Chenango,  asking  advice  in  the  case  of 
Rev.  Edward  Andrews,  a  member  of  that  body,  who  had  recently  with- 
drawn, and  received  Episcopal  ordination. — 1828,  p.  239. 

2.    When  the  review  of  a  decision  without   new  testimony  is   desi- 
rable, the  case  should  be  referred  to  the  next  higher  judicatory. 

The  Committee  to  whom  was  referred  Overture  No.  2  made  a  report, 
which  was  read  and  adopted,  and  is  as  follows,  viz. : 
.  The  Committee  appointed  to  consider  and  report  on  Overture  No.  2, 
which  is  in  the  following  words:  "  Is  it  lawful  and  consistent  with  the 
order  of  our  Church  for  a  church  court  to  reconsider  and  set  aside  its 
own  decision  in  a  case  of  discipline,  after  a  lapse  of  five  or  six  years 
from  the  time  the  decision  was  made,  after  the  court  has  so  changed 
that  many  of  its  members  were  not  members  at  the  time  of  the  decision, 
and  when  no  new  testimony  is  proposed  ?"  beg  leave  to  report  that,  in 
their  opinion,  the  proper  answer  to  this  overture  will  be  found  included 
in  the  following  principles,  viz. : 

1.  Our  Book  of  Discipline  (Old),  Chap,  ix,  Sec.  1,  provides  that  if, 
after  a  trial  before  any  judicatory,  new  testimony  be  discovered,  which 


694  BOOK    OF    DISCIPLINE,    SECT.   78-79. 

is  supposed  to  be  highly  important  to  the  exculpation  of  the  accused,  it 
is  proper  for  him  to  ask,  and  for  the  judicatory  to  grant,  a  new  trial. 

2.  It  is  very  conceivable  that  after  the  lapse  of  five  or  six  years  the 
sentence  of  an  ecclesiastical  court,  which  was  originally  considered  as 
just  and  wise,  although  no  new  testimony,  strictly  speaking,  has  appeared, 
may  in  the  view  of  the  Church  appear  under  an  aspect  equivalent  to  new 
testimony,  and  calling  for  reconsideration;  yet, 

3.  Inasmuch  as  the  frequent  reconsideration  of  cases  adjudged  by  the 
inferior  judicatories,  without  the  appearance  of  new  testimony,  admits  of 
great  and  mischievous  abuse,  and  might  lead  to  an  endless  recurrence  of 
reviews  and  reversals  of  former  decisions,  in  the  absence  of  a  majority 
of  the  court  pronouncing  the  same;  it  is  evidently  more  regular,  safe  and 
for  edification,  when  a  review  of  a  decision,  without  the  disclosure  of  new 
testimony,  is  thought  desirable,  to  refer  the  case  to  the  next  higher  judi- 
catory.—1833,  p.  405. 

LXXIX.  References  are,  either  for*  mere  advice,  preparatory  to  a 
decision  by  the  inferior  judicatory,  or  for  ultimate  trial  and  decision  by 
the  superior;  and  are  to  be  carried  to  the  next  higher  judicatory.  K 
for  advice,  the  reference  only  suspends  the  decision  of  the  inferior  judica- 
tory; if  for  trial,  it  submits  the  whole  case  to  the  final  judgment  of  the 
superior. 

1.    Reference.    Disposal  of  the  Barnes  Case. 

The  Permanent  Clerk  announced  to  the  Assembly  that  there  had  been 
put  into  his  hands  a  reference  from  the  Presbytery  of  Philadelphia  of 
the  whole  case  of  the  Rev.  Albert  Barnes  before  that  body.  This  case 
was  referred  to  the  Judicial  Committee. — 1831,  p.  321. 

Against  the  reference  above  a  complaint  was  entered,  as  also  a  com- 
plaint against  the  action  of  the  Presbytery  in  the  case.  After  ihe  whole 
proceedings  of  the  Presbytery  had  been  read,  and  the  sermon  entitled 
' '  The  Way  of  Salvation, ' '  the  parties  then  agreed  to  submit  the  case  to 
the  Assembly  without  argument,  when  it  was  resolved  to  refer  the  whole 
case  to  a  select  Committee.  Dr.  Miller,  Dr.  Matthews,  Dr.  Lansing, 
Dr.  Fisk,  Dr.  Spring,  Dr.  J.  McDowell,  Mr.  Bacon,  Mr.  Ross,  Mr, 
E.  White,  Mr.  Jessup  and  Mr.  Napier  were  appointed  this  Committee. 
—1831,  p.  325. 

Subsequently,  the  Committee  to  whom  was  referred  the  whole  case  in 
relation  to  the  Rev.  Albert  Barnes  made  a  report,  which  being  read 
was  adopted,  and  is  as  follows,  viz. : 

That  after  bestowing  upon  the  case  the  most  deliberate  and  serious 
consideration,  the  Committee  are  of  the  opinion  that  it  is  neither  neces- 
sary, nor  for  edification,  to  go  into  the  discussion  of  all  the  various  and 
minute  details  which  are  comprehended  in  the  documents  relating  to  this 
case.  For  the  purpose,  however,  of  bringing  the  matter  in  controversy, 
as  far  as  possible,  to  a  regular  and  satisfactory  issue,  they  would  recom- 
mend to  the  Assembly  the  adoption  of  the  following  resolutions,  viz. : 

Resolved,  1.  That  the  General  Assembly,  Avhile  it  appreciates  the  con- 
scientious zeal  for  the  purity  of  the  Church,  by  which  the  Presbytery  of 
Philadelphia  is  believed  to  have  been  actuated  in  its  proceedings  in  the 
case  of  Mr.  Barnes ;  and,  while  it  judges  that  the  sermon  by  Mr. 
Barnes,  entitled  "  The  Way  of  Salvation,"  contains  a  number  of 
unguarded  and  objectionable  passages,  yet  is  of  opinion  that,  especially 


OF    REFERENCES.  695 

after  the  explanations  which  were  given  by  him  of  those  passages,  the 
Presbytery  ought  to  have  suffered  the  whole  to  pass  without  further 
notice. 

Resolved,  2.  That  in  the  judgment  of  this  Assembly,  the  Presbytery 
of  Philadelphia  ought  to  suspend  all  further  proceedings  in  the  case  of 
Mr.  Barnes. 

Resolved,  3.  That  it  will  be  expedient,  as  soon  as  the  regular  steps  can 
be  taken,  to  divide  the  Presbytery  in  such  way  as  will  be  best  calcu- 
lated to  promote  the  peace  of  the  ministers  and  churches  belonging  to 
the  Presbytery. 

With  respect  to  the  abstract  points  proposed  to  the  Assembly  for  their 
decision  in  the  reference  of  the  Presbytery,  the  Committee  are  of  the 
opinion  that  if  they  be  answered  they  had  better  be  discussed  and  decided 
in  thesi  separate  from  the  case  of  Mr.  Barnes. 

The  Judicial  Committee  reported  that  the  other  complaints  and  the 
reference  in  relation  to  the  case  of  Mr.  Barnes,  they  considered  as 
merged  in  the  report  just  adopted.     This  report  was  accepted. 

The  Assembly,  having  finished  the  business  in  relation  to  Mr.  Barnes, 
united  in  special  prayer,  returning  thanks  to  God  for  the  harmonious 
result  to  which  they  have  come;  and  imploring  the  blessing  of  God  on 
their  decision. — 1831,  p.  329. 

2.  When  reference  has  been  made  the  judicatory  referring  can  regain 
jurisdiction  only  by  the  action  of  the  superior  judicatory. 

In  the  case  of  the  appeal  of  James  W.  Hamilton  against  the  Synod 
of  Sandusky  (1863,  p.  36,  O.  S. ),  the  following  report  was  made  by  the 
Judicial  Committee: 

"  When  this  case  was  first  befoi'e  the  Session,  the  Session  being  com- 
posed of  the  Moderator  and  one  ruling  elder,  the  Moderator,  as  appears 
from  the  minutes,  '  waived  his  right  to  sit  in  judgment  on  the  case;'  but 
an  order  was  then  made  that  the  Session  then  proceed  to  take  the  testi- 
mony in  the  case,  and  submit  the  same  to  the  Presbytery  at  its  next 
meeting. ' ' 

The  testimony  having  been  taken,  the  whole  case,  charges  and  evidence, 
wei'e  then  accordingly  submitted  and  referred  to  the  Presbytery.  The 
action  of  the  Presbytery  was  to  the  effect  "  that  the  case  be  not  issued 
before  Presbytery."  But  the  Presbytery  directed  that  "  the  accused 
be  admonished  to  give  none  occasion  for  evil  to  be  spoken  of  his  charac- 
ter ;  to  look  more  carefully  to  his  conduct,  and  walk  more  uprightly,  as 
becometh  the  Gospel ;' '  and  recommended  the  minister  of  the  church  to 
read  said  action  before  the  congregation;  which  duty  was  performed  on 
the  25th  day  of  August,  1861. 

After  this,  on  the  7th  day  of  September  following,  the  Session,  with- 
out notice  to  the  accused,  and  without  giving  him  an  opportunity  to  be 
heard,  proceeded  to  give  judgment  on  the  charges  and  evidence  as  origi- 
nally before  the  Session  and  Presbytery. 

The  case,  having  been  submitted  to  Presbytery,  passed  from  the  posses- 
sion and  proper  jurisdiction  of  the  Session,  and  Presbytery  alone  could 
again  give  the  Session  such  jurisdiction,  by  reference  back  to  the  Session. 
This  was  not  done.  Even  if  the  case  had  been  in  some  proper  way 
referred  back  by  Presbytery  to  the  Session  the  accused  was  entitled  to 
notice  of  any  further  proceedings  before  the  Session,  and  especially  so  of 
any  new  matter  of  accusation. 


696  BOOK    OF    DISCIPLINE,    SECT.    79-83, 

The  Presbytery,  although,  in  terms,  they  did  not  "  issue  the  case," 
did  substantially  make  a  decision,  and  by  that  decision  subjected  the 
accused  to  a  mortifying  public  admonition,  which  was  carried  into  effect, 
as  directed  by  the  Presbytery. 

The  Session,  in  afterwards  giving  judgment  on  the  charges,  in  effect 
subjected  the  accused  a  second  time  to  discipline  on  the  same  charges. 
This  is  not  allowable.  If  the  accused,  since  he  was  publicly  admonished, 
as  directed  by  the  Presbytery,  has  been  guilty  of  offences,  or  disorderly 
conduct,  he  should  be  tried  for  the  same  on  proper  charges  and  notice. 

Resolved,  That  for  the  informalities  and  errors  above  mentioned,  the 
appeal  be  and  is  hereby  sustained,  and  all  proceedings  in  the  case,  by  the 
Session,  Presbytery  and  Synod,  since  the  admonition  before  the  congre- 
gation, on  the  25th  of  August,  1861,  are  hereby  annulled  and  set  aside. 
MS.  indorsement  on  records  of  Synod  of  Sandusky,  1863. — 1863,  p. 
36,  O.  S. 

3.    Reference  must  be  carried  to  the  next  higher  judicatory. 

[Note. — Under  the  former  Book,  references  were  allowed  from  the  lower  courts  to 
the  Assembly.    See  Digest,  1873,  p.  546  ;  this  Sec.  Ixxix  forbids.] 

LXXX.  In  cases  of  reference,  members  of  the  inferior  judicatory 
may  sit,  deliberate,  and  vote. 

LXXXI.  A  judicatory  is  not  necessarily  bound  to  give  a  final  judg- 
ment in  a  case  of  reference,  but  may  remit  the  whole  case,  either  with 
or  without  advice,  to  the  inferior  judicatory. 

1.    A  memorial  treated  as  a  reference. 

The  Committee  appointed  to  draw  a  minute  on  the  subject  of  the 
memorial  from  the  Session  of  the  First  Church  in  Genoa,  reported  the 
following,  which  wa-s  adopted,  viz. : 

Resolved,  That  the  church  of  Genoa  be  referred  to  the  minute  of  the 
Assembly  formed  in  the  case  of  David  Price  in  the  year  1825;  from 
which  it  will  appear  that,  in  the  judgment  of  the  Assembly,  "  an  admo- 
nition ' '  was  ' '  deserved  ' '  by  the  said  Price,  in  consequence  of  his 
unchristian  conduct.  And  it  is  the  judgment  of  this  Assembly  that  the 
Session  ought  immediately  to  have  administered  such  admonition ;  that 
they  ought  still  to  administer  it;  and  that  if  the  said  Price  refuse  to 
submit  to  such  admonition,  or  do  not  thereupon  manifest  i-epeutance  and 
Christian  temper,  to  the  satisfaction  of  the  church,  he  ought  not  to  be 
received  into  the  communion  of  that  or  auv  other  Presbyterian  church. 
—1827,  p.  202. 

LXXXII.  The  whole  record  of  proceedings  shall  be  promptly  trans- 
mitted to  the  superior  judicatory,  and,  if  the  reference  is  accepted,  the 
parlies  shall  be  heard.   ' 

1.    Testimony  attested  by  the  Moderator  and  Clerk  sufficient. 

The  following  question,  signed  by  William  C.  Davis,  "  Whether  testi- 
mony taken  before  a  Session,  and  sent  up  to  the  Presbytery  under  the 
signature  of  Moderator  and  Clerk,  will  not  be  sufficient  in  references  as 
well  as  appeals  to  render  the  case  thus  referred  both  orderly  and  cogniza- 
ble by  Presbytery,"  was  answered  in  the  alfirmative.  — 1797,  p.  128. 


OF   COMPLAINTS.  697 

2.    A  superior  judicatory  may  entertain  a  reference  which  is  not 
accompanied  by  the  testimony  and  proceed  itself  to  take  it. 

The  records  of  the  Synod  of  Kentucky  approved,  "  with  one  excep- 
tion, viz. :  According  to  the  record  on  p.  66,  the  Synod  taught  and  acted 
on  the  principle  that  a  Presbytery  acts  irregularly,  which,  upon  the  refer- 
ence of  a  church  Session,  takes  the  testimony  and  issues  the  case  accord- 
ing to  its  bearings,  even  when  the  parties  concerned  agree  to  the  reference. 
Your  Committee  are  of  opinion  that  this  principle  is  wrong  in  itself, 
and  evil  in  its  tendency,  and  therefore  recommend  this  Assembly  to 
express  its  disapprobation  of  it." — 1853,  p.  455,  O.  S. 

In  reply  to  a  protest  against  this  decision,  the  Assembly  says: 

The  action  condemned  is  not  ' '  in  exact  accordance  with  the  Constitu- 
tion, Discipline  (Old),  Chap,  vii,  Sec.  ii.  Art.  ix,"  as  asserted  by  the 
protestant;  the  article  referred  to  containing  a  rule  designed  to  facilitate 
business,  but,  as  its  language  shows,  it  does  not  preclude  a  Presbytery 
from  taking  original  testimony  in  certain  cases,  and  it  does  not  appear 
from  the  records  that  the  Presbytery  of  Muhlenburg  was  irregular  in  so 
doing.— 1853,  p.  456,  O.  S. 

III.    OF  COMPLAINTS. 

LXXXIII.  A  Complaint  is  a  written  representation,  made  to  the 
next  superior  judicatory,  by  one  or  more  persons,  subject  and  submitting  to 
the  jurisdiction  of  the  judicatory  complained  of,  respecting  any  delin- 
quency, or  any  decision,  by  an  inferior  judicatory. 

[Note. — Under  the  practice  prior  to  1884,  complaints,  as  well  as  appeals,  were  car- 
ried over  the  next  superior  judicatory,  when  satisfactory  reasons  were  assigned.  See 
under  Appeals,  Book  of  Discipline,  Sec.  cii.  Under  the  head  of  "  Person  or  Persons  " 
the  judicatories  of  the  Church  are  included.  In  1885  the  words  '"or  by  any  other 
reputable  person  or  persons"  were  stricken  out. — 1885,  p.  602.] 

1.    Complaints  by  judicatories. 

Complaints  were  entertained: 

a.  Of  the  Presbytery  of  Washington,  O. ,  against  the  Presbytery  of 
West  Lexington. — 1821,  p.  21.  [These  Presbyteries  belonged  to  differ- 
ent Synods.]     See  also  1828,  p.  237. 

b.  Of  the  Third  Presbytery  of  Philadelphia  against  the  Presbytery  of 
Luzerne Brought  before  the  Assembly,  because  of  these  Presby- 
teries having  had  no  common  Sy nodical  relation. — 1870,  p.  27. 

[Note. — Such  cases  would  now  be  adjudicated  under  Book  of  Discipline,  Sec.  cxxi- 
cxxiii.] 

C.  Of  the  General  Synod  of  the  Reformed  Church  in  America  against 
the  Presbytery  of  Philadelphia.— 1874,  pp.  62-64. 

d.  Of  the  Presbytery  of  Saharanpur  of  the  Reformed  Presbyterian 
Church  against  the  Board  of  Foreign  Missions  of  the  Presbyterian 
Church.— 1883,  pp.  628,  629;  1884,  p.  108. 

[Note. — The  following  decisions,  under  the  head  of  Complaints,  are  cited.  Some  of 
them,  it  is  probable,  do  not  conform  to  the  present  section.  But  all  are  of  value,  as 
showing  the  practice  of  the  Assembly.  The  decisions  under  them,  as  a  rule,  are  not 
affected  by  the  changes  in  the  Book.  Cases  c.  and  d.  would  be  adjudicated  under 
Form  of  Government,  Chap,  xii,  Sec.  v,  p.  281] 

2.    The  distinction  between  an  appeal  and  a  complaint  must  be 

observed. 

The  records  of  the  Synod  of  Utica  were  approved,  with  the  exception 
that,  on  p.  275,  the  Synod  recognizes  a  reference  to  them  as  an  appeal 


698  BOOK    OF    DISCIPLINE,    SECT.    83. 

which  should  have  been  considered  and  acted  on  merely  as  a  complaint 
against,  and  not  as  an  appeal  from,  the  decision  of  Presbytery  concerning 
the  settlement  of  a  pastor. — 1843,  p.  22,  N.  S. 

3.    The  same  matter  may  be  the  subject  both  of  appeal  and 

complaint. 

The  question  was  taken  on  sustaining  the  appeal  and  complaint  (of 
the  Second  Presbytery  of  Philadelphia  against  the  Synod  of  Philadel- 
phia). A  division  being  called  for,  the  question  was  first  taken  on  the 
complaint.  Sustained.  The  question  was  then  taken  on  the  appeal. 
Sustained.— 1834,  p.  431. 

4.    Complaint  not  allowed  against  a  judicatory  for  obeying  the 
orders  of  the  superior  judicatory. 

a.  Whereas,  The  Rev.  Archibald  McQueen  prosecuted  a  complaint 
before  the  Assembly  of  1845  against  the  Presbytery  of  Fayetteville  for 
refusing  to  restore  him  to  the  exercise  of  the  Gospel  ministry,  and  did 
at  the  same  time  memorialize  that  Assembly  to  decree  his  restoration; 
and  whereas,  that  Assembly  did  take  up  and  judicially  entertain  the 
said  complaint,  and  pronounced  judgment  in  the  case  by  authorizing 
and  recommending  the  Presbytery  to  restore  the  said  Archibald  McQueen 
to  the  Gospel  ministry,  provided  that  in  the  judgment  of  the  Presbytery 
it  was  Avise  so  to  do ;  and  whereas  the  Presbytery,  in  the  exercise  of  the 
discretion  thus  confided  to  them,  did  restore  Mr.  McQueen ;  therefore, 

Resolved,  That  the  complaint  of  the  Rev.  Colin  Mclver  and  othei-s 
against  the  Synod  of  North  Carolina,  for  having  sustained  the  action  of 
the  Presbytery  of  Fayetteville  in  restoring  the  said  Archibald  McQueen, 
in  accordance  with  the  judicial  decision  of  the  Assembly  of  1845,  cannot 
be  entertained  by  this  house,  and  is  hereby  dismissed. 

In  making  this  disposition  of  the  above-mentioned  complaint,  this  Gen- 
eral Assembly  wishes  it  to  be  distinctly  understood  that  they  do  not  mean 
either  to  retract  or  modify  any  judgment  hitherto  expressed  by  any 
Assembly  respecting  the  offence  for  which  Mr.  McQueen  was  suspended 
from  the  exercise  of  the  Gospel  ministry.  They  simply  declare  that  his 
case  cannot  be  regularly  brought  before  them  by  this  complaint. — 
1847,  p.  395,  0.  S. 

b.  The  complaint  of  Mr.  Alexander  Cowan  against  the  Presbytery  of 
Sidney  is  not  sustained,  the  Presbytery  having  acted  entirely  in  accord- 
ance with  the  directions  of  the  Assembly  of  1867. — 1868,  p.  641,  0.  S. 

5,    Complaint  not  allowed  against  advice  given  on  memorial. 

The  complaint  of  members  of  the  Park  Church,  Newark,  N.  J., 
against  the  Synod  of  New  York  and  New  Jersey,  was  dismissed,  on  the 
ground  that  the  action  of  the  Presbytery  was  not  a  subject-matter  of 
complaint,  or  removal  of  the  case  to  a  higher  judicatory,  their  proceed- 
ings having  been  merely  advisory  upon  the  memorial  of  the  complainants. 
—1852,  p.  166,  N.  S. 

6.    Complaint  not  allowed  against  a  refusal  to  adopt  a  proposed 

paper. 

The  Judicial  Committee  having  had  under  consideration  the  appeal 
and  complaint  of  the  Rev.  Robert  J.  Breckinridge,  D.D.,  and  others, 
against  a  decision  of  the  Synod  of  Philadelphia  on  the  quorum  question; 


OF    COMPLAINTS.  699 

and  the  appeal  and  complaint  of  the  Rev.  R.  J.  Breckinridge,  D.D. , 
and  others,  against  a  decision  of  the  Synod  of  Philadelphia  on  the  ques- 
tion of  the  imposition  of  hands  in  ordination,  report,  that  in  their 
opinion  the  Form  of  Government  and  Discipline  of  the  Presbyterian 
Church  do  not  authorize  the  appellants  and  complainants  to  bring  before 
the  General  Assembly  either  an  appeal  or  complaint  in  the  cases  referred 
to.     Adopted.— 1844,  p.  366,  O.  S. 

[Note. — Against  this  decision  a  protest  was  entered.  See  Baird's  Digest,  rev.  ed., 
p.  145,  and  Minutes,  1844,  p.  380.    In  answer  the  Assembly  reply  inter  alia ;] 

In  replying  to  the  protest  in  question,  little  more  is  necessary  than  to 
state  distinctly  what  was  the  action  of  the  Synod  of  Philadelphia,  com- 
plained of  by  R.  J.  Breckinridge  and  others.  Two  papers  were  offered 
by  Dr.  Breckinridge  for  the  adoption  of  the  Synod ;  the  one  relating  to 
the  constitution  of  a  quorum  in  Presbytery,  the  other  to  the  imposition 
of  hands  by  ruling  elders  in  the  ordination  of  ministers  of  the  Gospel. 
In  relation  to  each  paper,  the  question  on  which  the  Synod  voted  was  in 
the  following  words:  "Shall  this  paper  be  adopted?"  By  a  large 
majority  the  Synod  refused  to  adopt  these  papers.  The  Assembly  know 
of  no  law  in  our  Book  of  Discipline  requirfng  a  Presbytery  or  a  Synod  to 
adopt  any  paper  or  papers  submitted  to  them  by  any  individual  or  any 
number  of  individuals ;  and  if  there  is  no  such  law,  there  could  be  no 
transgression  of  law  or  neglect  of  duty,  and  consequently  no  ground  of 
complaint. 

The  papers  in  question  condemn  the  interpretation  of  certain  clauses  in 
our  Constitution,  given  by  the  last  Assembly,  propose  an  opposite  inter- 
pretation, and  overture  the  General  Assembly  to  repeal  the  overtures 
adopted  by  the  last  Assembly,  and  to  adopt  interpretations  of  an  opposite 
character.     In  regard  to  these  papers,  it  is  proper  to  remark : 

1.  There  was  no  case  before  the  Synod.  No  elder  complained  that  he 
had  been  deprived  of  what  he  regarded  as  a  constitutional  right.  No 
Presbytery  was  charged  with  having  constituted  and  proceeded  to  business 
without  a  constitutional  quorum.  The  Synod,  therefore,  was  not  called 
upon  to  administer  law,  but  to  interpret  our  Constitution — to  decide  con- 
stitutional questions  in  thesi.  How  far  it  is  expedient  to  give  expositions 
of  our  Constitution,  or  to  decide  constitutional  questions  in  thesi,  it  may 
be  difficult  to  determine;  but  certain  it  is  that  no  church  judicatory  is 
bound,  in  any  state  of  case,  to  give  such  decisions.  But  "  where  there 
is  no  law,  there  is  no  transgression,"  and,  of  course,  there  can  be  no 
ground  of  complaint.  The  protestants  allege  that  the  Synod  did  act, 
and  that  their  action  was  complained  of.  The  answer  is,  that  the  only 
action  of  the  Synod  in  the  case  was  a  refusal  to  adopt  certain  papers 
offered  by  a  member  of  that  body.  To  this  action,  if  it  be  proper  to 
call  it  so,  the  Synod  was  forced  by  the  member  who  offered  the  papers. 
They  were  obliged  either  to  adopt  them  or  to  refuse  them.  They  deemed 
it  wise,  as  they  had  the  perfect  right,  to  do  the  latter. 

2.  Again :  these  papers,  if  adopted,  required  the  Synod  to  send  to  this 
Assembly  an  overture  or  request  to  give  an  interpretation  of  our  Con- 
stitution contrary  to  that  given  by  the  last  Assembly.  But,  although  it 
is  the  right  of  Sessions,  Presbyteries  or  Synods  to  overture  the  Assembly 
whenever  they  may  deem  it  wise  to  do  so,  there  is  in  our  Book  no  law 
requiring  them  or  any  one  of  them  to  do  so  in  any  case.  In  declining 
to  send  up  an  overture,  therefore,  the  Synod  of  Philadelphia  violated  no 


700  BOOK    OF    DISCIPLINE,    SECT.    83. 

law,  committed  no  trausgression  against  ecclesiastical  law,  and  conse- 
quently a  complaint  against  that  body  cannot  lie.  The  very  idea  of 
forcing  either  individuals  or  bodies  to  overture  or  petition  is  absurd. 

But  the  protestants  strangely  contend  that  "  every  inferior  court  is 
responsible  to  the  courts  above  it  for  the  proper  exercise  of  its  discretion, 
and  therefore  they  may  be  complained  of  as  regards  its  exei^cise." 
Where  there  is  responsibility  there  can  be  no  discretion.  To  maintain 
the  contrary  is  to  contend  that  an  individual  or  a  body  may  use  their 
discretion,  provided  they  use  it  in  a  certain  way — that  they  may  do  as 
they  please,  provided  they  are  pleased  to  act  in  a  particular  manner. 
The  truth  is,  that  where  ecclesiastical  rights  of  individuals  or  bodies  are 
concerned,  there  is  no  discretion.  All  such  rights  are  guarded  by  our 
Constitution,  by  which  every  church  court  is  bound.  The  admission  of 
the  protestants  that  the  Synod  had  the  right  to  exercise  its  own  discretion 
in  the  matter  complained  of  is,  in  effect,  an  admission  that  the  complaint 
is  not  legitimate,  and  ought  not  to  have  been  entertained  by  this  body. 

Still  more  strangely,  if  possible,  the  protestants  allege  that  "  if  the 
♦Synod  be  not  obliged  to  act  except  in  cases  in  which  it  is  compelled  by 
positive  law,  then  Synods  could  not  be  complained  of  for  even  the  gross- 
est violations  of  duty,  such  a's  refusing  to  receive  and  issue  appeals 
brought  regularly  before  them,  or  refusing  to  redress  what  has  been  done 
by  Presbyteries  contrary  to  order."  Do  they,  then,  maintain  that  it  is 
merely  discretionary  with  Presbyteries  and  Synods  whether  they  will 
receive  and  issue  appeals,  etc.,  regulai'ly  brought  before  them,  as  they 
admit  it  was  with  the  Synod  of  Philadelphia,  whether  they  would  con- 
demn the  doings  of  the  last  Assembly  and  overture  this  Assembly  to  do 
the  same  ?  But  they  say  ' '  there  is  no  positive  command  or  law  requiring 
Synods  to  exercise  any  of  their  specified  powers. ' '  To  prove  that  this 
statement  is  wholly  incorrect,  it  is  necessary  only  to  refer  to  Chap,  vii, 
Sees,  i,  iii  and  iv,  of  our  Book  of  Discipline  (Old).  Sec.  i  treats  of 
the  duties  of  church  judicatories  in  relation  to  review  and  control ;  Sees. 
iii  and  iv  treat  of  the  right  to  appeal  and  complain  in  certain  cases,  etc. 
Where  there  are  duties  there  can  be  no  discretion,  and  where  there  is  a 
right  to  appeal  and  complain  there  is  positive  obligation  on  the  part  of 
the  judicatory  to  receive  and  issue  such  appeals  and  complaints.  But 
where,  in  our  Constitution,  is  it  said  to  be  the  duty  of  any  church  judi- 
catory either  to  adopt  papers  that  may  be  offered,  to  decide  constitutional 
questions  in  thesi,  or  to  overture  a  higher  court  ?  Or  where  is  the  right 
given  to  individuals  in  any  case  to  have  their  interpretations  of  our  Con- 
stitution adopted  ?  There  are  no  such  duties  on  the  one  hand  or  rights 
on  the  other,  and  consequently,  no  right  of  appeal  or  complaint. 

3.  An  additional  objection  to  the  appeals  and  complaints  is  that,  Avere 
they  entertained,  the  Synod  of  Philadelphia  would,  in  the  final  vote, 
be  excluded  from  voting.  This,  in  the  administration  of  law,  where  the 
inferior  court  has  decided  the  case,  and  the  appeal  or  complaint  is  against 
their  decision,  would  be  perfectly  proper.  But  in  the  mere  interpreta- 
tion of  our  Constitution,  in  regard  to  which  all  have  a  common  interest, 
and,  therefore,  common  rights,  such  a  course  would  be  unconstitutional 
and  grossly  unjust.  The  Synod  of  Philadelphia,  if  the  complaints  had 
been  entertained,  would  have  been  excluded,  as  having  decided  the  ques-  ' 
tions  involved.  But  the  Synod  of  Kentucky  has  also  given  its  decisions 
of  the  same  questions.  Why,  then,  should  the  one  vote  and  the  other 
be  excluded  ?     Nay,  it  is  believed,  that  a  large  majority  of  the  members 


OF   COMPLAINTS.  701 

of  this  Assembly  have,  in  oue  form  or  another,  decided  upon  them. 
Why,  then,  permit  them  to  vote,  and  exchide  the  Synod  of  Philadel- 
phia ?  What  interest  has  this  Synod  more  than  other  Synods  or  Presby- 
teries, in  giving  a  wrong  exposition  of  our  Book  ?  When  we  interpret 
our  Constitution,  the  voice  of  the  whole  Church  should  be  heard. 

But  the  protestants  say,  this  is  an  argument  against  our  Constitution. 
In  this,  however,  they  are  mistaken.  It  is  only  an  argument  against 
their  incorrect  interpretation  of  it.  It  gives  no  right  to  appeal  or  com- 
plain against  a  judicatory  for  declining  to  decide  a  constitutional  question 
m  thesi,  or  to  overture  the  higher  court. 

4.  That  the  complaint  is  illegitimate,  is  further  evident  from  the  con- 
sequences which  would  follow  the  adoption  of  the  principle  involved  in 
it.  If  our  church  courts  are  bound,  iu  any  case,  to  decide  constitu- 
tional questions  in  thesi,  and  to  overture  the  higher  court,  it  follows: 

(1)  That  any  member  of  a  Session,  Presbytery  or  Synod  can,  at  any 
time,  force  the  Assembly  to  discuss  and  decide,  in  thesi,  any  constitu- 
tional question  he  may  choose  to  raise,  or  any  number  of  them.      He . 
has  only  to  offer  his  interpretation  to  the  lower  court,  and  come  up  with 
his  complaint,  which  must  be  regularly  issued. 

(2)  The  Assembly  can  be  forced  to  discuss  and  decide  the  same  ques- 
tion repeatedly  at  the  same  session.  The  minority  of  the  Synod  of 
Kentucky  might  have  complained  of  its  action  on  the  same  points ;  and, 
according  to  the  doctrine  of  the  protestants,  the  Assembly  must  have 
regularly  tried  both  complaints,  regularly  hearing  the  parties  from  both 
Synods  discuss  the  same  points,  not  in  relation  to  the  administration  of 
law,  where  both  parties  claim  to  have  been  aggrieved,  but  in  relation  to 
the  interpretation  of  law. 

(3)  The  Assembly  could  be  forced  to  decide  great  constitutional  ques- 
tions by  only  a  part  of  the  delegates  from  the  Presbyteries,  thus  exclud- 
ing a  large  number  of  Presbyteries  from  a  vote  on  the  interpretation  of 
the  Constitution  by  which  they  are  to  be  governed. 

(4)  The  Assembly,  by  the  exclusion  of  different  Synods,  in  deciding 
the  different  complaints,  might  be  placed  in  the  humiliating  attitude  of 
giving  contradictory  expositions  of  the  Constitution  at  the  same  sessions. 

Who  will  pretend  that  our  Constitution  is  so  defective,  so  strangely 
inconsistent,  as  to  expose  our  church  courts  to  difficulties  and  absurdities 
such  as  those  just  mentioned  ? 

In  answer  to  the  third  reason  assigned  by  the  protestants  it  is  sufficient 
to  state,  that  it  has  not  been,  and  we  believe  it  cannot  be  proved,  that 
any  General  Assembly  of  our  Church  ever  entertained  a  complaint  such 
as  the  one  in  question — a  complaint  against  a  church  judicatory  for 
refusing  to  decide  a  constitutional  question  in  thesi,  or  to  overture  a 
higher  judicatory.  The  complaint  under  consideration  is,  so  far  as  this 
Assembly  is  informed,  strictly  sui  generis. 

Finally,  our  Constitution  prescribes  the  mode  in  which  constitutional 
questions  may  be  brought  before  the  General  Assembly.  The  proper 
course  was  pursued  by  the  Presbytery  of  Cincinnati  in  regard  to  the 
matters  embraced  in  Dr.  Breckinridge's  papers;  and  they  were  brought 
before  this  body  untrammeled  by  judicial  proceedings,  and  the  voice  of 
the  representatives  of  the  Church  decided  on  the  true  meaning  of  the 
clauses  in  our  Constitution  concerning  which  there  has  been  a  difference 
of  opinion. 

In  reply  to  the  complaint  of  the  protestants,  that  the  Assembly  refused 


702  BOOK    OF    DISCIPLINE,   SECT.   83. 

to  hear  the  complainants  on  the  right  of  jurisdiction,  it  is  sufficient  to 
say:  (1)  That  it  cannot  be  shown  that  our  Book  gives  such  rights.  (2) 
The  adoption  of  the  principle  involved  in  such  a  claim  would  be 
followed  by  most  of  the  difficulties  already  enumerated  as  consequent 
upon  entertaining  the  complaint.  The  Assembly  must,  from  year  to 
year,  agree  to  hear  every  member  of  a  Session,  Presbytery  or  Synod, 
who  may  choose  to  try  to  convince  them  that  they  have  jurisdiction  over 
all  kinds  of  subjects.  (3)  There  was  properly  no  question  as  to  right 
of  jurisdiction.  The  matter  of  complaint  against  the  Synod  belongs 
not  to  the  department  of  discipline. 

In  reply  to  the  complaint  of  the  protestants  that  the  Assembly  did  not 
sit  as  a  court,  and  that  the  members  were  not  charged  by  the  Moderator, 
it  is  sufficient  to  state,  that  as  the  Assembly  could  not  sit  in  a  judicial 
capacity  until  the  complaint  was  decided  to  be  orderly  and  legitimate, 
the  objection  is  wholly  without  force. 

The  protestants  think  the  course  pursued  by  the  Assembly  calculated 
to  foster  all  kinds  of  diversity  in  practice  and  opinion.  They  seem  not 
to  see,  that  the  course  pursued  by  the  complainants  and  by  themselves, 
in  relation  to  the  decisions  of  the  highest  court  of  our  Church,  to  which 
it  properly  belongs  to  expound  the  Constitution  and  settle  all  controver- 
sies, is  directly  calculated  to  produce  the  very  result  they  seem  to  depre- 
cate.—1844,  p.  383,  O.  S. 

[Note. — This  answer  was  prepared  by  Drs.  James  Hoge,  John  McClean,  C.  C.  Cuy- 
ler,  B.  H,  Rice  and  Henry  A.  Boardman.  It  is  of  great  value,  as  defining  the  rights 
of  complainants,  and  also  the  limits  of  the  exercise  of  those  rights.] 

7.    Complaint  not  allowed  against  an  opinion  expressed  by  the 
superior  judicatory. 

A  complaint  of  the  Presbytery  of  St.  Clairsville  against  the  Synod  of 
AVheeliug,  for  taking  exception  to  their  minutes  on  the  ground  "  that 
their  entire  action  in  the  case  of  the  church  of  Kirkw^ood  was  unwise 
and  inexpedient." 

The  Committee  recommend  that  this  complaint  be  dismissed,  on  the 
ground  that  in  the  action  complained  of,  the  Synod  passed  no  judgment 
in  the  case,  but  only  expressed  an  opinion,  and  that  there  is  therefore  no 
constitutional  ground  for  complaint.  [See  Book  of  Discipline  (Old), 
Chap,  vii.  Sec.  iv.  Sub-sec.  ii.]  The  report  was  adopted. — 1864,  p. 
312,  O.  S. 

8.    Nor  against  a  judicatory  for  the  exercise  of  its  discretion. 

The  complaint  of  the  Rev.  W.  P.  Carson  against  Synod  of  Iowa  for 
dismissing  his  complaint  against  the  Presbytery  of  Dubuque.  The  Pres- 
bytery, upon  application  both  of  the  pastor  and  the  congregation, 
dissolved  the  pastoral  relation,  and  Mr.  Carson  complained  to  Synod,  on 
the  ground  that  the  Session  and  trustees  united  in  calling  the  meeting  of 
the  congregation  without  the  presence  or  cooperation  of  the  pastor,  at 
which  action  was  taken  asking  for  the  dissolution  of  the  pastoral  relation. 
The  Committee  recommend  that  the  complaint  be  dismissed,  there  being 
no  sufficient  ground  of  complaint. 

The  report  was  adopted. — 1868,  p.  612,  O.  S. 

9.    Discretion  is  reviewable  as  to  its  abuse  or  misuse, 
a.  Complaint  of  Rev.  Arthur  Crosby  vs.  The  Synod  of  Long  Island. 
Dismissed  for  the  following  reasons,  viz. : 
[Note.— See  in  full,  under  Sec.  xii,p.  638.] 


OF   COMPLAINTS.  703 

1.  That  upon  the  facts  stated  by  the  Presbytery  as  the  basis  of  its 
action,  the  question  whether  the  investigation  asked  for  should  be  entered 
upon  or  not  was  one  to  be  determined  in  the  exercise  of  a  sound  discre- 
tion.— Book  of  Discipline  (Old),  Chap,  iii.  Sec.  vi. 

2.  That  wliile  the  misuse  or  abuse  of  discretionary  power  is  reviewable, 
its  use,  in  this  instance,  seems  to  have  been  in  regard  to  a  subject  fairly 
within  its  range  and  unobjectionable  in  its  manner. — 1881,  p.  586. 

b.  The  complaint  of  the  Rev.  Samuel  M.  Gould  against  the  action  of 
the  Synod  of  Philadelphia.  The  action  complained  of  was  taken  on  the 
petition  of  A.  Bancroft,  who  signs  himself  "  a  member  of  the  Session 
of  the  original  Hermon  church,"  and  asks  the  Synod  "  to  investigate 
the  condition  in  which  Hermon  church  has  been  placed  ' '  by  several  acts 
which  are  recited  in  the  petition.  The  petition  of  Mr.  Bancroft  was 
jiresented  to  the  Synod  at  its  sessions  in  October,  1881,  and  denied  on 
the  ground  that  the  matter  had  been  adjudicated  in  the  various  courts  of 
the  Church.  The  Judicial  Committee  are  unable  to  find,  from  the  com- 
plaint, that  the  decision  of  the  Synod  affects  the  doctrine  or  the  Constitu- 
tion of  the  Church;  nor  can  they  find,  in  the  statement  of  the  action  of 
the  Synod,  anything  which  was  not  within  their  discretion ;  and  therefore 
no  case  is  presented  which  the  Assembly  can  properly  entertain  and 
review.  We  recommend  that  the  case  be  dismissed,  and  the  Committee 
be  discharged  from  its  further  consideration.     Adopted. — 1882,  p.  100. 

C.  Appeal  and  complaint  of  the  Rev.  Mr.  Edgar  from  the  action  of 
the  Synod  of  Erie,  sustaining  the  action  of  the  Presbytery  of  Clarion  in 
refusing  to  put  a  call  from  the  church  of  Collingsburgh  into  his  hands. 
The  Judicial  Committee  recommend  that,  as  the  General  Assembly  have 
repeatedly  decided  that  Presbyteries  have  discretionary  power  in  such 
cases  (see  Digest,  1886,  p.  548),  which  decisions  are  clearly  in  accord- 
ance with  the  Form  of  Government  (see  Chap,  xv.  Sec.  ix),  therefore 
the  appeal  and  complaint  be  dismissed.     Adopted. — 1875,  p.  510. 

10.    Complaint  not  allowed  in  a  case  already  decided  by  the 

Assembly. 

The  complaint  of  James  Russell  against  the  Presbytery  of  Flint  River 
and  the  Synod  of  Georgia. 

The  Committee  report  that  the  case  has  already  been  adjudicated  by 
the  General  Assembly  in  Philadelphia,  in  the  sessions  of  1853,  and  cannot 
properly  come  again  before  this  body ;  and  therefore  recominend  that  the 
case  be  dismissed,  and  the  papers  be  returned  to  Mr.  Russell.  Adopted. 
—1855,  p.  271,  O.  S. 

11.    Nor  against  a  decision  of  a  Moderator  unappealed 
from  at  the  time. 

Complaint  of  the  Session  of  the  First  Presbyterian  church,  St. 
Charles,  Mo. 

A  complaint  of  Rev.  Robert  P.  Farris  against  the  Synod  of  Missoui'i. 

These  two  cases  are  substantially  identical,  and  may  be  regarded  as 
one.  The  Committee  find  that  in  the  matter  complained  of  there  was  no 
action  of  the  Synod  as  such,  but  only  a  decision  of  the  Moderator  affect- 
ing the  complainants,  from  which  they  made  no  appeal  to  the  body  of 
the  Synod,  and  consequently  they  have  no  just  ground  of  complaint. 
They  therefore  recommend  that  it  be  dismissed,  and  that  the  complain- 
ants have  leave  to  withdraw  their  papers.  The  report  was  adopted.  — 
1865,  p.  543,  O.  S. 


704  BOOK    OF    DISCIPLINE,    SECT.    83. 

12.    Nor  from  the  decision  of  a  commission  not  yet  confirmed. 

The  Judicial  Committee,  through  Rev.  Samuel  Miller,  D.D. ,  reported 
the  appeal  of  the  church  of  Mifflinburg  against  the  Synod  of  Philadel- 
phia for  its  action  in  the  matter  of  the  appeal  and  complaint  of  the  Rev. 
Isaac  Grier. 

The  Committee  reports  that  this  complaint  must  be  dismissed  because 
no  complaint  will  lie  from  the  decision  of  a  Commission  of  Synod  until 
that  decision  has  been  reported  to  Synod  and  approved  thereby.  The 
Committee  therefore  recommends  that  the  Assembly  direct  the  Commis- 
sion in  this  case  to  report  its  decision  to  the  Synod  for  its  action.  The 
report  was  adopted.— 1869,  p.  902,  O.  S.  ;  1862,  p.  608,  O.  S. 

[Note.— See  Book  of  Discipline,  Sec.  cxx.] 

13.    Nor  where  the  action  complained  of  does  not  contravene  the 
doctrine  or  the  Constitution  of  the  Church. 

a.  The  Rev.  James  H.  Baird  complains  of  the  action  of  the  Synod  of 
Pennsylvania  at  its  recent  meeting  in  the  Central  church,  Allegheny,  in 
adopting  the  eighth  resolution  on  the  subject  of  temperance  in  the  follow- 
ing words,  viz.:  "  We  endorse  Constitutional  Amendment  and  pray  for 
its  submission  to  the  people." 

The  Committee  submit  that,  in  its  judgment,  the  subject-matter  of  the 
complaint  does  not  contravene  the  doctrine  or  the  Constitution  of  the 
Church,  and  therefore  recommend  that  the  complaint  be  not  entertained. 
Adopted.— 1887,  p.  128. 

b.  Judicial  Case  No.  2. — The  complaint  of  Oakland  church  against 
the  Synod  of  Tennessee.  The  complaint  is  as  follows :  The  Presbyteiy 
of  Holston  recommended  that  Mount  Bethel  and  Tusculum  churches 
cooperate  or  group  together  for  the  purpose  of  sustaining  preaching  at 
those  two  points,  and  did  recommend  them,  as  thus  grouped,  to  the 
Board  of  Home  Missions  for  aid.  Of  this  Oakland  church  complained 
to  the  Synod,  alleging  that  the  effect  of  this  action  would  be  to  withdraw 
families  fi-om  Oakland  church.  The  Synod  overruled  the  complaint. 
Of  that  action  of  Synod,  Oakland  church  complains  to  the  General 
Assembly.  Your  Committee  recommends  that  the  complaint  be  dis- 
missed, because  it  is  a  case  in  which  the  Assembly  has  no  jurisdiction, 
having  regard  to  matters  which  refer  neither  to  constitutional  nor  doctrinal 
questions  (see  Chap,  xi.  Sec.  iv,  Form  of  Government).  The  report 
was  adopted. — 1888,  p.  77. 

C.  The  report  of  the  Judicial  Committee,  in  the  case  of  Rev.  N. 
West  against  the  Synod  of  Minnesota,  was  read.  Mr.  West  was  heard 
on  the  question  of  the  constitutionality  of  the  appeal.  The  report  was 
adopted,  and  is  as  follows: 

The  Judiciary  Committee,  to  which  was  referred  the  appeal  of  the 
Rev.  Nathaniel  West,  from  the  action  of  the  Synod  of  Minnesota,  and 
his  complaint  of  the  same  action,  respectfully  submit  the  following  report: 

A  brief  statement  of  the  facts  as  they  have  been  made  to  appear  to 
your  Committee  is  all  that  is  needful  for  understanding  the  merits  of  the 
case.  On  the  21st  of  April,  1887,  the  Presbytery  of  St.  Paul  adopted 
the  following  resolution: 

Resolved,  That  all  duties,  authority  and  relations  of  Dr.  West  to  said 
church  (the  First  Presbyterian  Church  of  St.  Paul),  by  virtue  of  any 
authority  of  this  Presbytery,  or  its  constituted  commission,  are  hereby 
terminated. 


OF    COMPLAINTS.  705 

From  this  action  Dr.  West  appealed  to  the  Synod. 

It  is  manifest  that  this  appeal  presented  in  no  sense  a  judicial  case, 
such  as  is  intended  by  the  ninety- fourth  section  of  the  Book  of  Disci- 
pline. It  was  not  therefore,  appealable  to  the  Synod.  It  could  be 
brought  into  the  Synod  only  by  complaint.  It  was  a  ease  of  administra- 
tion merely.  The  Synod  treated  it  as  such,  and  disposed  of  it  by  resolv- 
ing that  the  appeal  be  not  entertained  as  such,  since  this  is  not  a  judicial 
case.  (Hodge's  Presbyterian  Law,  p.  131:  "  Judicial  business  is  any  act 
of  discipline,  but  especially  the  formal  trial  of  an  accused  person,  and 
appeals  are  admissible  only  in  judicial  cases."  Referring  to  Revised 
Book  of  Discipline,  Chap,  ix,  Sec.  iv,  Art.  xciv. ) 

In  thus  disposing  of  the  case  your  Committee  discover  no  error.  More- 
over, it  is  plain  that  the  action  of  the  Synod  did  not,  in  any  sense,  aiFect, 
or  have  relation  to  the  doctrine  or  Constitution  of  the  Church.  The 
Assembly  has  no  jurisdiction  of  any  appeal  from,  or  complaint  of,  the 
action  of  the  Synod.  Complaint  and  appeal  in  such  a  case  are  alike 
prohibited  by  the  fourth  section  of  the  eleventh  chapter  of  our  Form  of 
Government,  which  declares  that  the  decisions  of  Synods  on  appeals, 
complaints  and  references,  which  do  not  affect  the  doctrine  or  Constitu- 
tion of  the  Church,  shall  be  final. 

Your  Committee  therefore  recommend  that  the  appeal  and  complaint 
of  Dr.  West  be  dismissed.— 1888,  p.  124. 

14.    Nor  where  there  is  no  sufficient  ground  for  complaint. 

Complaint  of  J.  L.  Woods  and  F.  E.  Shearer  vs.  The  Synod  of 
California,  for  refusing  to  take  exception  to  the  records  of  the  Presby- 
tery of  San  Jose. 

Your  Committee  recommend  that  the  complaint  be  dismissed :  Because 
there  does  not  appear  to  be  any  sufficient  ground  on  which  to  lodge  a 
complaint;  and  because  the  complainants  should  more  properly  have 
sought  redress  in  the  matter  complained  of  by  way  of  review  and 
control.— 1894,  p.  127. 

15.    Nor  where  the  complainant  is  not  subject  and  submitting  to 
the  jurisdiction  of  the  judicatory  complained  of. 

Judicial  case,  a  complaint  of  the  Presbytery  of  La  Crosse  against  the 
Presbytery  of  Mattoon  and  the  Synod  of  Illinois,  in  the  case  of  the 
Rev.  J.  H.  Lish. 

The  Judicial  Committee  find  that  the  complaint  is  not  in  order,  for  the 
reason  that  due  notice  has  not  been  given  to  the  Synod  of  Illinois,  and 
that  the  Presbytery  of  La  Crosse,  not  being  subject  and  submitting  to 
the  jurisdiction  of  the  Presbytery  of  Mattoon  or  the  Synod  of  Illinois,  has 
not  the  right  of  complaining  against  them  (Book  of  Discipline,  Sec. 
Ixxxiii),  and  that  the  complainant  should  seek  redress  by  way  of  over- 
ture, memorial  or  petition.—  1894,  p.  127. 

[Note. — See,  however,  in  this  Digest,  No.  1,  p.  697,  and  Book  of  Discipline,  Sec. 
oxxi.] 

16.    Nor  in  a  case  of  mere  review  of  records. 

In  the  case  of  the  complaint  of  Nathaniel  West  and  Thomas  H. 
Skinner  against  the  Synod  of  Cincinnati,  in  a  case  of  review  and  control, 
the  Committee  recommend  that,  it  being  a  question  of  mere  review  of 
records,  a  judicial  complaint  does  not  lie,  and  that  the  case  be  dismissed. 
—1877,  p.  576. 
45 


706  BOOK    OF    DISCIPLINE,    SECT.    83. 

17.    Nor  against  the  refusal  to  read  the  printed  minutes. 

Case  of  Rev.  J.  W.  Martin  vs.  the  Synod  of  Cleveland. 

Mr.  Martin  complains  of  a  suggestion  of  the  Moderator,  sustained  by 
vote  of  the  Synod,  that  the  minutes  of  the  previous  session  need  not  be 
read  at  the  beginning  of  the  sessions  in  October,  1872,  ])ecause  they  had 
been  printed  and  were  in  the  hands  of  the  members ;  also  that  the 
Moderator  refused  to  hear  him  spealc  against  this  action,  and  requests  the 
Assembly  to  express  a  judgment  respecting  the  authority  of  Moderators 
and  Church  courts  under  our  Book.  The  Committee  find  that  the 
minutes  of  the  previous  session  had  been  read  and  approved  by  the  Synod 
at  the  close  of  that  session,  and  therefore  would  have  been  read  only  for 
information,  which  was  already  in  possession  of  the  members  in  the 
printed  copies;  that  they  have  no  proof  that  the  complainant  was  unjustly 
treated  by  the  Moderator,  beyond  what  often  occurs  in  such  cases ;  and 
that  our  Book  of  Discipline  very  definitely  states  the  authority  and  pro- 
vince of  Moderators.  Therefore,  we  do  not  deem  the  case  of  sufficient 
importance  to  require  the  action  of  the  Assembly.  Adopted. — 1873,  p. 
509. 

[Note. — See  under  Book  of  Discipline.  Sec.  Ixxii,  p.  684.] 

18.    Nor  against  postponement  of  action  on  a  report  of  a  Committee. 

In  the  case  of  Thomas  H.  Skinner  and  others  against  the  Synod  of 
Cincinnati  for  not  taking  up  and  issuing  a  complaint  of  Dr.  Skinner 
against  the  Presbytery  of  Cincinnati  in  the  McCune  case,  then  pending, 
the  Conunittee  recommend  that,  as  there  had  been  no  judicial  action  of 
the  Synod  in  the  case,  against  which  a  complaint  could  lie,  but  simply 
and  only  a  postponement  of  action  on  a  report  of  the  Judicial  Committee 
of  the  Synod,  therefore  the  case  be  dismissed.  — 1877,  p.  576. 

19.  Complainant  has  leave  to  withdraw  with  or  without  reasons. 

a.  The  complaint  of  Alexander  Guy,  M.D. ,  against  the  action  of 
the  Synod  of  Cincinnati. 

The  complainant.  Dr.  Guy,  having  reason  to  believe  that  the  language 
employed  by  the  Synod,  in  determining  the  case,  was  inadvertently  used, 
is  on  this  account  willing  to  withdraw  his  complaint.  The  Committee 
recommend  that  leave  be  granted,  and  that  Dr.  Guy  be  allowed  to  with- 
draw his  papers. 

The  report  was  accepted  and  adopted. — 1867,  p.  331,  O.  S. 

b.  The  complaint  of  the  llev.  S.  J.  Niccolls  and  others  against  the 
action  of  the  Synod  of  Missouri,  passed  at  its  sessions  in  October,  1865, 
whereby  it  declared  the  previous  meeting  of  its  own  body  "  not  a  free 
court  of  Christ,  and  its  entire  acts  null,  void  and  of  no  binding  force." 

This  complaint  was  found  in  order,  and  referred  from  the  last  General 
Assembly  to  this;  but  inasmuch  as  the  Synod  has  reconsidered  and 
reversed  the  action  complained  of,  and  reported  the  same  to  this  General 
Assembly,  in  accordance  with  the  requirement  of  the  last  Assembly, 
passed  with  reference  to  the  Synod  of  Missouri,  the  complainants  request 
leave  to  withdraw  their  complaint.  Your  Committee  recommend  that 
their  request  be  granted,  and  the  case  dismissed.  Adopted. — 1867,  p. 
331,  O.  S. 

C.  The  appeal  and  complaint  of  D.  W.  Irvine  and  others  against  the 
action  of  the  Presbytery  of  New  Castle.  The  Committee,  having  satis- 
factory evidence  that  the  ground  of  the  appeal  and  complaint  in  this  case 


OF   COMPLAINTS.  707 

has  been  removed  by  the  subsequent  action  of  the  Presbytery  complained 
of,  recommend  that  the  appeal  and  complaint  be  dismissed  without 
prejudice.     The  report  was  adopted. — 1867,  p.  327,  O.  S. 

d.  A  complaint  of  certain  members  of  the  Session  of  the  church  of 
Eaton,  O.,  against  the  Synod  of  Cincinnati. 

The  Committee  recommend  that  the  complainants  have  leave  to  with- 
draw their  complaints  without  prejudice,  and  that  they  be  advised  to 
present  the  same  to  the  Synod  of  Cincinnati. — 1871,  p.  547. 

e.  A  complaint  by  John  C.  Means  and  others  against  the  Synod  of 
Illinois.  The  complainants  having  requested  leave  to  withdraw  their 
complaint,  the  Committee  recommends  that  their  request  be  granted. 
Adopted.— 1891,  p.  143. 

f.  The  complaint  of  Rev.  J.  D.  Robertson  against  the  Synod  of  Penn- 
sylvania. The  Committee  recommend  that  the  complainant,  having 
asked  leave  to  withdraw  his  papers,  be  allowed  to  do  so.  Adopted. — 
1895,  p.  69. 

20.    Withdrawal  of  complaint  may  have  the  same  effect  as  its 

dismissal. 

The  Judicial  Commission  to  whom  was  referred  the  complaint  of  the 
Rev.  John  W.  Martin  against  the  Synod  of  Philadelphia  in  the  matter 
of  the  Hermon  church,  reported  that  after  the  announcement  of  their 
decision  in  Case  No.  1,  the  complainant,  by  his  counsel,  the  Rev.  Robert 
Herron,  D.  D. ,  asked  leave  to  withdraw  his  complaint,  which  was  granted ; 
and  the  Commission  adjudge  that  such  withdrawal  shall  have  the  same 
effect  as  if  the  complaint  had  been  dismissed. — 1878,  p.  43. 

21.    Leave  to  withdraw,  the  end  desired  being  accomplished. 

a.  "  Inasmuch  as  the  complaint  of  W.  W,  Colmery  and  others 
against  the  Synod  of  Cincinnati  was  made  wholly  in  behalf  of  our  excel- 
lent Standards  of  doctrine  and  order,  and  as  these  have  been  sufficiently 
vindicated  by  the  discussion  and  action  of  this  Assembly  on  the  com- 
plaint of  Thomas  H.  Skinner  and  others,  I  respectfully  ask  leave  to 
withdraw  the  complaint.  William  W.   Colmery." 

The  request  was  granted. — 1878,  p.  81. 

b.  On  the  adoption  of  the  report  of  the  Committee  to  review  the 
records  of  the  Synod  of  Cincinnati  (see  the  report  in  full  under  Sec. 
Ixxii,  iii  (3)  above),  Drs.  West  and  Skinner  asked  leave  to  withdraw 
their  complaints  against  the  Synod  of  Cincinnati,  the  grounds  of  said 
complaint  having  been  virtually  covered  by  the  report.  Leave  was  given 
the  complainants  to  withdraw  their  papers. — 1878,  p.  118. 

22.  Complainants  have  leave  to  withdraw  because :  1.  The  proceedings 
of  a  civil  court  are  not  conclusive  as  against  the  ecclesiastical; 
2.   Trial   by    commission   is  not  ground  of  complaint;    3.  Infor- 
mality in  the  decision  does  not  invalidate  the  result  intended  to 
be  reached. 
The  complaint  of  Joseph  S.  Van  Dyke  and  others  against  the  Synod 
of  New  Jersey  for  dismissing  their  complaint  against  the  Presbytery  of 
Monmouth,  for  acquitting  Elder  L.  E.  Brown  of  an  alleged  criminal 
offence. 

A  brief  statement  of  the  case  is  as  follows: 

Brown  was  indicted  in  a  civil  court  for  a  serious  crime;  was  tried,  and 
found  guilty.     The  case  was  taken  to  the  Supreme  Court,  which  reversed 


708  BOOK    OF    DISCIPLINE,    SECT.    83. 

the  judgment  at  the  hearing,  and  remanded  the  case  for  a  new  trial. 
The  accused,  under  the  advice  of  counsel,  in  order  to  save  the  notoriety, 
risk  and  expense  of  a  new  trial,  plead  guilty  to  a  lesser  grade  of  offence, 
and  was  fined  by  the  court. 

He  then  applied  at  once  to  his  Session  for  the  most  '  *  searching  investi- 
gation "  into  the  charges  made  against  him.  The  Session  referred  the 
matter  to  the  Presbytery  of  Monmouth,  which  accepted  the  reference. 
The  case  was  tried  by  a  Commission  of  the  Presbytery  appointed  at  the 
request  of  all  parties.  The  Commission,  after  a  full  trial,  acquitted  the 
accused. 

Upon  his  acquittal,  these  complainants  complained  to  the  Synod  of 
New  Jersey.  The  Synod,  by  consent  of  parties,  appointed  a  new  Com- 
mission, who  again  tried  the  case  upon  its  merits,  and  also  considered 
certain  irregularities  alleged  to  exist  in  the  action  of  the  Presbytery. 
The  Commission  brought  in  a  decision  in  these  words:  "  The  complaint 
is  sustained  pro  forma ;  but,  inasmuch  as  the  informalities  and  irregu- 
larities complained  of  do  not  seriously  affect  the  matters  at  issue,  the  case 
be  and  hereby  is  dismissed."  The  decision  of  the  Commission  was 
accepted  by  the  Synod,  and  ordered  to  be  entered  of  record. 

These  complainants  now  complain  of  this  action  of  the  S}Tiod. 

They  do  not  ask  that  the  case  be  tried  again  by  this  Assembly,  but 
that  it  be  remitted  for  a  new  trial  to  the  Presbyteiy  of  Monmouth. 

The  reasons  given  for  this  complaint  are  obscure,  but,  in  the  opinion 
of  this  Committee,  are  as  follows: 

1.  The  decision  of  the  Commission  of  the  Synod  was  in  conflict  with 
the  plea  of  "  guilty  "  in  the  civil  tribunal. 

2.  Because  the  case  was  twice  tried  by  Commissions,  and  not  by  the 
Presbytery  or  Synod  itself. 

3.  That  the  decision  of  the  Commission  of  the  Synod  was  not  in  proper 
form;  that,  instead  of  dismissing  the  complaint  as  it  did,  it  should  have 
in  so  many  words  declared  the  accused  ' '  guilty  or  not  guilty, ' '  and  have 
affirmed  or  reversed  the  action  of  the  Presbytery. 

In  regard  to  the  first  ground  of  complaint,  in  the  judgment  of  your 
Committee  all  the  presumptions  arising  from  the  proceedings  of  the  civil 
courts  adverse  to  Mr.  Brown  are  overbalanced  and  neutralized  by  the 
much  stronger  presumptions  arising  from  his  acquittal,  after  patient  and 
careful  investigation,  by  two  ecclesiastical  courts  in  succession,  and  those 
among  the  largest  and  weightiest  in  our  Church. 

With  regard  to  the  second  ground  of  complaint,  that  the  case  was 
tried  by  Commissions  by  consent  of  parties,  we  do  not  see  that  it  fur- 
nishes any  just  ground  for  complaint.  Should  the  prayer  of  the  com- 
plainants l)e  granted,  and  the  case  be  remafided  to  the  Presbytery  of 
Monmouth  for  a  new  tinal,  it  would  probably  be  tried  again  by  a  Com- 
mission, for  the  best  of  reasons. 

AVith  regard  to  the  third  reason  for  this  complaint,  we  think  the 
Commission  of  the  Synod  was  not  happy  in  the  form  of  its  decision. 
The  intention  of  the  Commission  was,  it  is  evident,  to  acquit  the  accused 
and  confirm  the  action  of  the  Presbytery.  The  Conunittee  consider  that 
this  was  the  actual  result  of  its  dismissal  of  the  complaint. 

The  form  of  the  decision  has  harmed  and  can  harm  no  one,  and  it  is 
for  the  accused,  if  any  one,  to  complain  of  the  indefinite  judgment  in 
his  own  favor. 

This  Committee  are  somewhat  in  doubt  as  to  what  was  expected  of 


OF   COMPLAINTS.  709 

them  on  the  recommitment  to  them  of  the  report  before  made  in 
the  case.  They  however  report  the  case  a  second  time,  with  a  fuller 
statement  of  the  facts  of  the  case  and  of  your  Committee's  opinion 
thereon. 

Your  Committee  deem  it  their  official  province  and  solemn  duty,  in 
accordance  with  the  long  and  unquestioned  practice  of  the  Judicial  Com- 
mittee of  the  General  Assembly,  to  give  to  the  Assembly  their  opinion  as 
to  the  sufficiency  of  these  grounds  of  complaint,  and  to  propose  to  the 
body  the  course  they  recommend  it  to  pursue  in  regard  thereto. 

In  view  of  all  this,  it  appears  to  your  Committee,  that  this  case  has 
been  sufficiently  and  properly  adjudicated.  We  think,  with  the  light 
now  before  us,  that  it  would  be  imposing  an  unjust  burden  and  an 
unedifying  labor  on  the  Presbytery  of  Monmouth  to  require  it  to  retry 
this  case. 

We  therefore  unanimously  recommend  the  adoption  of  the  following 
resolution : 

Resolved,  That,  in  the  matter  of  the  complaint  of  Joseph  S.  Van  Dyke 
and  others  against  the  Synod  of  New  Jersey,  praying  that  the  Presby- 
tery of  Monmouth  be  required  by  this  Assembly  to  readjudicate  the  case 
of  L.  E.  Brown,  their  petition  be  not  granted,  and  that  the  complainants 
have  leave  to  withdraw  their  papers. — 1880,  pp.  64,  65. 

23.  Complaints  dismissed  and  leave  to  withdraw,  because,  1.  Of  in- 
definiteness  in  the  complaints,  and  2.  That  the  matters  should 
be  left  to  the  wisdom  and  discretion  of  the  Synod. 

The  report  of  the  Judicial  Committee  was  adopted,  viz. : 

No.  8,  Rev.  Nathaniel  West  vs.  The  Synod  of  Cincinnati. 

No.  9,  Rev.  Nathaniel  West  vs.  The  Synod  of  Cincinnati. 

No.  10,  Rev.  William  H.   James  et  al.  vs.  The  Synod  of  Cincinnati. 

The  Judicial  Committee  have  had  under  consideration  these  three 
complaints  and  find  that  they  are  about  the  very  same  subject-matter, 
and  may  well  be  considered  at  once  and  together. 

Two  of  the  three  are  complaints  (Nos.  8  and  9)  by  Rev.  Nathaniel 
West  against  the  action  of  the  Synod,  on  the  —  day  of  October,  A.  D. 
1879,  at  its  session  then  held  at  Lebanon.  The  Synod  at  that  time  and 
place  did  consider  a  certain  complaint  against  the  Presbytery  of  Cincin- 
nati, did  reverse  the  proceedings  of  the  Presbytery,  and  at  the  same 
time,  in  severe  terms,  did  censure  the  Presbytery.  This  we  learn  from 
the  records  of  the  Synod,  and  not  from  the  complaints.  The  complaints, 
however,  do  complain  that  certain  censures  and  requirements  pronounced 
by  the  Synod  are  not  sufficiently  severe  as  against  the  Presbytery. 

The  complaint  No.  10  is  the  complaint  of  the  Rev.  William  H.  James 
et  al.,  members  of  the  Presbytery  of  Cincinnati,  complaining  of  the 
same  action  of  the  Synod.  They  complain,  however,  that  the  action  is 
unwarrantably  severe  as  against  Presbytery.  But,  like  the  Rev. 
Nathaniel  West,  they  fail  to  describe  the  action  they  complain  of  as  being 
too  severe,  and  we  are  left  to  examine  the  records  of  the  Synod  to  ascer- 
tain what  was  done  by  the  Synod. 

The  notices  of  complaint  in  each  of  these  three  cases,  and  the  com- 
plaints themselves,  were  all  filed  in  due  time ;  yet  they  are  all  so  indefinite 
that  they  would  require  much  additional  elaboration  before  the  real 
points  and  issues,  on  which  the  parties  seek  the  judgment  of  this  Assem- 
bly, can  be  brought  under  its  ready  comprehension  for  intelligent  judicial 


710  BOOK    OF   DISCIPLINE,    SECT.    83. 

review;  and,  therefore,  the  Committee  find  that  neither  of  the  three  com- 
plaints is  in  order. 

When  we  consider  that  the  grounds  of  complaint  are  so  indefinitely- 
stated  in  each  of  the  three  complaints  that  we  are  not  only  left  in  great 
doubt  as  to  the  precise  points  complained  of,  but  actually  required  to 
examine  the  records  to  ascertain  these  points,  and  when  we  consider  the 
controversy  itself,  we  the  more  cheerfully  come  to  the  conclusion  at  which 
we  have  arrived.  The  record  shows  that  the  whole  matter  might  well 
be  left  to  be  determined  by  the  wisdom,  and  in  the  exercise  of  a  sound 
discretion,  of  the  Synod.  The  Committee  fail  to  find  anything  in  these 
cases  that  should  occupy  the  time  of  the  Assembly.  We  are  sure  that 
by  ending  the  controversy  now  the  peace  of  the  Church  and  the  comfort 
and  usefulness  of  all  concerned  will  be  promoted. 

Of  course  it  is  the  imperative  duty  of  every  inferior  court  to  obey  the 
direction  and  mandate  of  the  superior,  and  such  obedience,  if  necessary, 
should  be  enforced  by  the  superior  court. 

We  arrive  at  these  conclusions  all  the  niore  gladly,  because  a  course 
different  from  that  herein  indicated  does  not  appear  to  be  needed  for  the 
vindication  of  Rev.  Nathaniel  West.  That  has  already  been  done  in 
the  most  ample  manner.  It  appears  that  there  is  nothing  derogatory  to 
his  moral,  religious  or  ministerial  character. 

The  premises  considered,  the  Judicial  Committee  recommend  that  each 
of  the  three  complaints  be  dismissed,  and  that  the  respective  complainants 
have  leave  to  withdraw  all  papers  filed  by  them. — 1880,  pp.  80,  81. 

24.    Leave  to  withdraw  on  request  of  the  parties. 

a.  The  complaint  of  the  Rev.  James  P.  Hendrick  and  thirteen  others 
against  the  action  of  the  Synod  of  Kentucky  for  rejecting  an  exception 
to  the  records  of  the  Presbytery  of  Ebenezer,  which  were  before  the 
Synod  under  general  review  and  control.  The  Committee  report  that  in 
this  case  the  Rev.  Stephen  Yerkes,  D.  D. ,  who  is  one  of  the  complainants, 
has  appeared  before  the  Committee  and  asked  leave  to  withdraw  the 
complaint,  which  action  he  represents  will  be  satisfactory  to  the  parties. 
We  therefore  recommend  that  leave  be  granted  to  withdraw  the  com- 
plaint, and  that  this  Committee  be  discharged  from  its  further  considera- 
tion.    Adopted.— 1882,  p.  100. 

b.  A  complaint  against  the  Presbytery  of  Cincinnati,  because  it  did 
not  sustain  Charge  One  (1)  in  the  case  of  the  Presbyterian  Church  in 
the  United  States  of  America  against  the  Rev.  Henry  Preserved  Smith, 
D.D.,  signed  by  John  Junkin  Francis,  P.  Robertson,  J.  Conzett, 
William  H.  James,  and  others. 

Rev.  William  H.  James,  D.D.,  for  himself,  and  as  counsel  for  the 
other  complainants,  asks  leave  respectfully  to  withdraw  the  complaint. 

The  Judicial  Committee,  therefore,  recommend  to  the  General  Assem- 
bly that  the  complainants,  at  their  own  request,  have  leave  to  withdraw 
their  complaint.     Adopted. — 1894,  p.  87. 

[Note.— See  also  complaint  of  .Tohn  J.  McCook  et  al.  vs.  the  Synod  of  New  York, 
under  Book  of  Discipline,  Sec.  Ixxxiv,  p.  715.] 

C.  Judicial  case,  being  the  complaint  of  the  Rev,  George  W.  F. 
Birch,  D.D.,  against  the  Synod  of  New  York.  Your  Committee  would 
report  that  they  have  examined  the  papers  in  the  complaint  of  Dr.  Birch 
against  the  action  of  the  Synod  of  New  York  and  have  found  them  in 
order.     In  view  of  the  fact  that  at  the  time  the  minutes  of  the  Presby- 


OF    COMPLAINTS.  711 

tery  of  North  River  were  reviewed  by  the  Synod  of  New  York,  the  case 
of  the  candidate  for  admission  had  not  been  completed,  and  inasmuch  as 
the  case  will  come  before  the  Synod  at  its  next  meeting  upon  the  review 
of  the  subsequent  action  of  Presbytery,  the  complainant  agrees  to  with- 
draw the  complaint.  Your  Committee  therefore  recommends  that  this 
action  be  approved.     Adopted. — 1895,  p.  69.  , 

25.  Complaint  dismissed  because  no  parties  were  aggrieved. 
A  complaint  of  Thomas  W.  Hynes,  of  certain  action  taken  by  the 
Presbytery  of  Alton  and  the  Synod  of  Illinois,  South.  Whilst  there  is 
some  ground,  through  a  technical  informality,  for  his  complaint,  yet,  as 
no  parties  were  aggrieved  by  the  action  of  Presb}'tery,  it  is  recommended 
that  the  complaint  be  dismissed.     Adopted. — 1880,  p.  29. 

26.    Complaint  dismissed  as  not  in  due  form.    To  strike  from  the 
roll  without  notice  or  citation  disapproved. 

A  complaint  against  the  Synod  of  Colorado  in  confirming  the  action 
of  the  Presbytery  of  Wyoming,  in  striking  the  name  of  Rev.  Thomas 
Cooper  from  its  roll  without  notice  or  citation.  The  Committee  report 
that,  while  the  Assembly  cannot  approve  of  the  action  of  the  Presbytery 
in  dropping  Mr.  Cooper's  name  without  notice  or  citation,  nor  the  subse- 
quent action  of  the  Synod  of  Colorado  in  confirming  the  action  in  review, 
yet,  as  nothing  would  be  gained  by  a  reopening  of  the  case,  and  as  the 
case  does  not  come  before  us  in  due  form,  the  Committee  recommend  that 
the  case  be  dismissed.     Adopted. — 1875,  p.  511. 

27.    Subject  matter  of  complaints  entertained. 

a.  Relative  to  a  decision  of  the  Synod  of  Pittsburgh  reversing  a 
decision  of  the  Presbytery  of  Ohio,  which  had  restored  Mr.  Wherry  to 
church  privileges. — 1820,  p.  738. 

The  complaint  was  sustained. 

b.  In  the  case  of  the  complaint  of  members  of  the  Presbytery  of 
Carlisle  against  the  Synod  of  Philadelphia,  it  was 

Resolved,  That  the  complaint  ought  to  be  considered  by  the  Assembly, 
only  so  far  as  it  regards  the  regularity  of  the  proceedings  of  the  Synod 
in  reversing  the  judgment  of  Presbytery  in  the  case. — 1823,  p.  74. 

C.  Complaint  of  the  Presbytery  of  Washington,  O. ,  against  the  Pres- 
bytery of  West  Lexington,  for  licensing  and  ordaining  the  Rev.  William 
L.  McCalla,  contrary,  in  the  opinion  of  the  complainants,  to  Presbyterial 
order,  Mr.  McCalla  having  been  suspended  from  church  privileges  by 
the  Presbytery  of  Washington,  in  consequence  of  a  reference  on  the 
subject  from  the  Session  of  the  church  of  Chillicothe. — 1821,  p.  21. 

[Note.— See  under  Form  of  Government,  Chap,  xiv,  p.  544.] 

d.  Complaint  of  Ashbel  Green  and  others,  by  which  complaint  the 
following  question  is  presented  for  the  decision  of  the  Assembly,  viz. : 
Is  it  consistent  with  the  Constitution  of  this  Church  for  the  same  indi- 
vidual to  hold  the  office  of  ruling  elder  in  two  different  churches  at  the 
same  time? 

The  complainants  were  heard  in  support  of  their  complaint;  the  Synod 
was  heard  in  defence  of  their  decision ;  and  the  complainants  concluded 
with  a  reply: 

When  it  was  resolved  by  the  Assembly,  that  the  decision  of  the  Synod 
be  affirmed,  and  the  complaint  dismissed. — 1827,  p.  204. 

[Note.— See  Form  of  Government,  Chap,  v.  No.  5,  p.  149.] 


712  BOOK    OF    DISCIPLINE,    SECT.    83. 

e.  A  complaint  by  Mr.  David  McClure,  against  the  Presbytery  of 
Philadelphia,  in  relation  to  the  mode  in  which  certain  ruling  elders  had 
lately  been  elected  in  the  Second  Presbyterian  Church  of  Phila<lelphia. 
—1827,  p.  211. 

Decision  of  Presbytery  affirmed. — p.  215. 

f.  Complaint  of  the  minority  of  the  Presbytery  of  Philadelphia,  against 
a  reference  by  said  Presbytery  of  the  case  of  Rev.  Albert  Barnes. — 
1831,  p.  319. 

Complaint  sustained. — p.  329, 

g.  Complaint  of  Thomas  Bradford  et  al.  against  the  decision  of  the 
Presbytery  of  Philadelphia,  relative  to  the  installation  of  Mr.  Duffield. 
Sustained.— 1835,  p.  490. 

h.  The  complaint  of  Mr.  Gilbert  and  Mr.  Pickands  in  behalf  of 
themselves  and  other  members  of  the  late  Presbytery  of  Wilmington 
against  the  Synod  of  Philadelphia,  for  dissolving  them.  Sustained. — 
1836,  p.  279. 

i.  Complaint  of  Rev.  Thompson  Bird  against  the  Synod  of  Iowa  for 
reversing  the  decision  of  the  Presbytery  of  Des  Moines,  deposing  a  min- 
ister for  adultery  in  marrying  a  divorced  woman.— 1858,  p.  599,  N.  S. 

[Note. — See  in  this  Digest,  p.  98.] 

j.  A  complaint  of  certain  members  of  the  Presbytery  of  Philadelphia, 
against  the  Synod  of  Philadelphia,  for  refusing  to  divide  said  Presbytery, 
was  taken  up. — 1832,  p.  356. 

The  complaint  was  sustained  without  casting  censure  on  the  Synod  of 
Philadelphia.— 1832,  p.  360. 

k.  The  complaint  of  John  Turbitt  against  the  Synod  of  Illinois,  for 
refusing  to  take  up  and  consider,  at  their  meeting  in  October,  1859,  his 
appeal  from,  and  complaint  against,  the  Presbytery  of  Peoria;  and 
would  recommend  to  the  Assembly  to  dispose  of  the  case  by  adopting  the 
following  minute: 

It  is  earnestly  recommended  by  tliis  Assembly  to  the  Synod  of  Illinois 
to  reconsider  their  judgment  in  the  case  of  Mr.  John  Turbitt,  declared 
at  their  late  meeting,  October,  1859,  and,  without  regarding  the  circum- 
stance of  his  having  originally  passed  over  the  Synod  and  appealed 
directly  to  the  Assembly,  nor  the  circumstance  of  so  much  time  having 
elapsed  since  the  decision  of  the  Presbytery  against  him,  to  take  up  his 
case,  and  either  try  it  as  an  appeal  against  the  Presbytery  upon  the  old 
evidence,  or  else  remand  it  to  the  Presb}i;ery  for  their  hearing  of  the 
new  testimony. — 1860,  p.  46,  O.  S. 

1.  The  complaint  of  the  Rev.  Alexander  M.  Cowan  against  the  action 
of  the  Presbytery  of  Sydney,  for  refusing  to  enroll  his  name  on  the 
ground  that  he  acknowledged  himself  to  be  a  signer  of  the  ' '  Declaration 
and  Testimony, ' '  and  refused  to  sign  the  declaration  prescribed  by  the 
Assembly  of  1867  in  such  cases. 

The  Committee  finds  the  case  to  be  in  order,  and  recommends  that  it 
be  tried  according  to  the  order  prescribed  in  the  Book  of  Discipline. — 
1868,  p.  639,  O.  S. 

The  following  minute  in  the  case  was  adopted: 

The  General  Assembly  having  heard  the  complaint  of  INIr.  Cowman,  it 
is  resolved  that  it  be  not  sustained,  the  Presbytery  having  acted  entirely 
in  accordance  with  the  directions  of  the  Assembly  of  1867. 

But  inasmuch  as  the  emergency  that  called  for  the  action  of  that  and 


OF   COMPLAINTS.  713 

of  the  previous  Assembly  lias  passed ;  and  inasmuch  as  many  throughout 
the  Church,  and  entirely  loyal  to  it,  have  scruples  in  respect  to  the  consti- 
tutionality and  expediency  of  the  orders  of  1866;  and  inasmuch  as  Mr. 
Cowan  declares  that  in  signing  the  Declaration  and  Testimony  he  had  no 
intentipn  to  rebel  against,  or  to  show  any  disrespect  to,  the  Church,  but 
merely  to  protest  against  what  he  regarded  as  an  unconstitutional  act ; 
and  inasmuch  as  he  desires  to  adhere  to  the  General  Assembly  and  to  be 
subject  to  its  authority ;  therefore, 

Resolved,  That  his  case  be  referred  to  the  Presbytery  to  which  he 
belonged,  with  instructions  to  deal  tenderly  with  his  scruples,  and  if  in 
the  judgment  of  said  Presbytery  he  can  be  restored  in  accordance  with 
the  spirit  of  the  action  of  1867,  that  Presbytery  have  authority  to 
restore  him  without  further  acknowledgment  than  that  stated  above  in 
the  hearing  of  this  body.— 1869,  p.  641,  O.  S. 

[Note.— For  other  causes  of  complaint  see  below.  See  also  in  the  index  under 
"Complaints."] 

28.    Complainants  satisfied  by  conference  and  leave  to  withdraw. 

The  Judicial  Committee  reported  the  complaint  of  the  Second  Presby- 
tery of  Philadelphia  against  the  Synod  of  Philadelphia,  and  also  the 
complaint  of  Messi's.  Robert  Cathcart,  George  Duffield  and  E.  W.  Gil- 
bert against  the  Synod  of  Philadelphia,  as  in  order,  and  reported  also  an 
order  to  be  pursued  in  prosecuting  these  complaints. 

Resolved,  That  these  complaints  be  referred  to  a  select  Committee,  to 
endeavor  to  effect  a  compromise,  if  practicable,  between  the  parties  con- 
cerned. 

Dr.  Spring,  Dr.  Hoge,  Mr.  Ludlow,  Mr.  Jessup  and  Mr.  Wilkinson 
were  appointed  this  Committee. 

The  Assembly  united  in  prayer  for  the  divine  direction  and  blessing 
upon  this  Committee  and  the  parties  concerned  in  these  complaints. 

The  Judicial  Committee  reported  on  the  petition  and  remonstrance  of 
the  Synod  of  Philadelphia  against  the  last  General  Assembly's  proceed- 
ings in  relation  to  the  Second  Presbytery  of  Philadelphia.  This 
paper  was  referred  to  the  same  Committee  of  Compromise. 

The  Judicial  Committee  further  reported  the  complaint  and  petition  of 
E.  W.  Gilbert  in  behalf  of  himself  and  the  Hanover  Street  Church  of 
Wilmington,  Del.,  against  the  Synod  of  Philadelphia,  as  in  order  and 
reported  an  order  of  proceeding  to  be  followed  in  case  the  complaint  is 
taken  up.  This  complaint  also  was  referred  to  the  same  Committee  of 
Compromise. 

The  Judicial  Committee  further  reported  on  a  paper  purporting  to  be 
a  complaint  of  the  Synod  of  Cincinnati,  remonstrating  against  the 
division  of  Presbyteries  on  the  principle  of  elective  affinity.  This  paper 
was  also  committed  to  the  same  Committee  of  Compromise. — 1833,  p. 
396. 

The  Committee  subsequently  reported  that  after  an  interview  with 
members  of  the  Presbytery  and  of  the  Synod,  as  a  result  of  a  free  con- 
ference with  both  parties,  they  were  enabled  to  recommend  to  the  Assem- 
bly the  following: 

Resolved,  That  the  complainants  in  all  these  cases  have  leave  to  with- 
draw their  complaints,  and  that  the  consideration  of  all  the  other  papers 
relating  to  the  Second  Presbytery  of  Philadelphia  be  indefinitely  post- 
poned,—1833,  p.  399. 


714  BOOK    OF    DISCIPLINE,    SECT,    84. 

LXXXIV.    Written  notice  of  Complaint,  with  the  reasons  therefor, 

shall  be  given,  within  ten  days  after  the  action  was  taken,  to  the  Clerk, 

or,  in  case  of  his  death,  absence,  or  disability,  to  the  Moderator,  of  the 

judicatory  complained  of,  who  shall  lodge  it,  with  the  records  and  all  the 

papers  pertaining  to  the  case,  with  the  Clerk  of  the  superior  judicatory, 

before  the  close  of  the  second  day  of  its  regular  meeting    next  ensuing 

the  date  of  the  reception  of  said  notice. 

[Note. — The  ten  days  within  which  notice  must  be  given,  it  will  be  noted,  run  from 
the  time  when  the  action  was  taken,  and  not  from  the  risingof  the  judicatory,  as  was 
the  provision  of  the  former  Book  of  Discipline.] 

1.    Reasons  as  well  as  notice  must  be  given. 

Overture  No.  3,  from  the  Synod  of  Cincinnati,  as  follows:  Does  the 
language  of  the  Book  of  Discipline  (Old),  Chap,  vii,  Sec.  iv,  imply  that 
when  notice  of  complaint  is  given  to  a  judicatory  of  the  Church,  reasons 
for  such  complaint  must  be  given,  as  in  the  case  of  appeal  ? 

A  majority  of  the  Committee  recommend  that  the  question  propounded 
in  the  overture  be  answered  in  the  affirmative.  The  minority  are  of  the 
opinion  that  it  should  be  answered  in  the  negative. 

It  was  moved  that  the  Assembly  sustain  the  an.swer  of  the  majority  in 
the  affirmative.  Adopted. — 1855,  p.  271,  O.  S. ;  confirmed  by  Sec. 
Ixxxiv. 

2.    Notice  and  reasons  must  be  given  within  ten  days  after  the 
action  is  taken. 

a.  A  complaint  of  Rev.  John  Pym  Carter  against  the  Synod  of  Balti- 
more: 

The  certificate  of  the  Moderator  of  the  Synod  of  Baltimore  shows  that 
Mr.  Carter  did  complain  to  Synod  of  its  decision,  but  that  the  grounds 
of  complaint  were  lodged  by  him  on  the  3d  of  November,  1880,  the 
Synod  having  adjourned  October  21. 

The  Book  of  Discipline  (Old),  Chap,  vii,  Sec.  iv.  Sub-sec.  iv,  requires 
notice  of  complaint  to  be  given  within  ten  days  after  the  rising  of  the  judi- 
catory, as  in  the  case  of  an  appeal  (Book  of  Discipline  [OldJ,  Chap,  vii, 
Sec.  iii,  Sub-sec.  v,  which  requires  an  appellant  to  lay  the  reasons  of  his 
appeal  in  writing  before  the  judicatory  appealed  from  within  ten  days 
after  its  rising). 

The  General  Assembly  (Moore's  Digest,  1873,  p.  605,  1)  directed 
that  "  when  notice  of  complaint  is  given  to  a  judicatory  of  the  Church, 
reasons  for  such  complaint  must  be  given  as  in  case  of  appeal." 

Mr.  Carter's  reasons  were  not  given  until  the  thirteenth  day  after  the 
adjournment  of  the  Synod.  He  not  having  complied  with  the  require- 
ments of  the  Book  of  Discipline,  your  Committee  recommend  that  the 
complaint  be  dismissed.      Adopted. — 1881,  p.  587. 

b.  Complaint  of  the  Rev.  Samuel  M.  Gould  against  the  Presbytery  of 
Philadelphia  North.  There  is  no  evidence  that  notice  and  reasons  of 
complaint  were  given  by  the  complainant,  as  required  by  the  Book  of 
Discipline  (Old),  Chap,  vii,  Sec.  iv,  Sub-sec.  iv,  and  no  sufficient  reason 
for  passing  over  the  Synod.  We  recommend  that  the  complainant  have 
leave  to  withdraw  his  complaint.     Adopted. — 1881,  p.  585. 

3.    Complaint  dismissed  when  no  notice  has  been  given. 
A  complaint  of  Fisk  Harmon  against  the  Synod   of  Iowa  North  in 


OF   COMPLAINTS.  715 

approving  the  decision  of  the  Presbytery  of  Fort  Dodge,  in  declining, 
for  reason,  to  restore  him  to  the  ministry  from  which  he  had  been 
deposed  by  the  Presbytery  of  Des  Moines  the  year  before.  The  Com- 
mittee recommend  that  the  complaint  be  dismissed,  and  the  papers  be 
returned  to  the  complainant,  because  it  does  not  appear  that  he  gave  any 
notice  at  any  time  to  the  Synod  of  his  intentions  to  complain.  Adopted. 
—1875,  p.  511. 

Also  case  of  J.  C.  Bose.— 1893,  p.  132. 

4.  Complaint  against  the  action  of  a  judicatory  can  lawfully  be 
signed  only  by  those  who  signed  it  or  gave  notice  of  their  intent 
within  the  constitutional  limit  of  time. 

Resolved,  That  it  is  unnecessary  at  this  time  for  the  General  Assembly 
to  take  any  action  looking  to  the  reversal  of  the  action  of  the  Synod  of 
New  York  complained  of  by  John  J.  McCook  and  others,  inasmuch  as 
the  Synod  has  dismissed  the  complaint  of  Rev.  Francis  Brown,  D.D., 
and  others,  on  which  the  complaint  to  the  General  Assembly  was 
founded.  But  it  is  expedient  that  the  General  Assembly  put  upon 
record  an  explicit  ruling  that  a  complaint  against  the  action  of  a  judica- 
tory cannot  lawfully  and  constitutionally  be  signed  by  persons  other  than 
those  only  who  have  signed  the  same  or  given  notice  thereof  within  the 
ten  days'  constitutional  limit  of  time.  And  Synod  should  have  stricken 
from  the  complaint  the  113  names,  and  let  it  stand  as  the  complaint  of 
him  only  who  signed  in  time  the  notice  thereof. — 1894,  pp.  127,  128. 

[Note. — In  the  case  of  the  complaint  of  John  J.  McCook  et  al.  vs.  the  Synod  of  New 
York,  see  Minutes,  1894,  p.  127,  it  appeared  that  the  Synod  allowed  113  persons,  in  ad- 
dition to  the  complainant,  Francis  Brown,  to  appear  before  the  Synod  as  com- 
plainants and  that  none  of  said  113  had  given  notice  of  intent  to  complain  within  the 
constitutional  limit.] 

5.    Complaint  and  appeal  dismissed  as  not  lodged  in  time,  and 
no  one  appearing  to  prosecute. 

A  complaint  and  appeal  to  the  General  Assembly  against  the  decision 
of  the  Synod  of  Catawba,  in  session  at  Charlotte,  N.  C,  November  2, 
1887,  signed  by  seven  persons.  This  complaint  and  appeal  pertains  to 
the  action  of  the  Synod  in  sending  back  to  the  Presbytery  of  Yadkin 
the  case  of  Rev.  E.  H.  Garland  for  a  rehearing.  The  Stated  Clerk  of 
the  Synod  filed  this  complaint  as  having  been  received  by  him  on  the 
14th  day  of  November,  1887,  whereas  the  action  complained  of  was 
taken  November  2,  1887,  twelve  days  before  the  complaint  was  filed  with 
the  Stated  Clerk,  which  was  two  days  after  the  expiration  of  the  time 
allowed  for  filing  a  complaint  or  appeal  (see  Book  of  Discipline,  Sees. 
Ixxxiv  and  xcvi).  For  this  reason,  and  because  no  complainant  or 
appellant  has  appeared  before  the  Committee,  we  recommend  that  the 
complaint  and  appeal  be  dismissed  as  not  in  order.  The  report  was 
adopted.— 1888,  p.  77. 

[Note. — See  Sec.  xcvi.] 

6.    Dismissed  because  no  notice  of  complaint  given. 

a.  The  complaint  of  J.  C.  Bose  against  the  Synod  of  India.  The 
Committee  recommend  no  action,  the  case  being  found  not  in  order,  for 
the  reason  that  no  notice  of  complaint  was  given  to  Synod.  Adopted. 
—1893,  p.  132. 

b.  Complaint  of  the  Presbytery  of  La  Crosse,  against  the  Presbytery 
of  Mattoon  and  the  Synod  of  Illinois,  in  the  case  of  Rev.  J.  H.  Lish. 


716  BOOK    OF    DISCIPLINE,    SECT.    84-88. 

Not  in  order,  for  the  reason  that  due  notice  has  not  been  given  to  the 
Synod  of  Illinois.— 1894,  p.  127. 

[Note. — See  also  undei-  Book  of  Discipline,  Sec.  Ixxxiii,  p.  697.] 

7.    Evidence  must  be  furnished  that  notice  was  given. 

a.  Dismissed  for  want  of  evidence  that  notice  of  the  complaint  was 
given  to  the  superior  judicatory. — 1834,  p.  434;  1863,  p.  23,  O.  S. ; 
1875,  p.  511;  1881,  p.  585. 

b.  Leave  given  to  show  that  notice  has  been  given  as  required  (1834, 
p.  454)  and  the  complaint  entertained. — 1836,  p.  274. 

[Note. — Where  a  mistake  had  been  made,  see  Book  of  Discipline,  Sec.  xcvi.] 

8.    Right  to  complain  lost  by  failure  to  observe  the  rules. 

The  report  of  the  Judicial  Committee  No.  3,  viz.,  the  complaint  of 
Messrs.  Tate,  Mclver  and  others,  against  the  Presbytery  of  Fayetteville, 
in  the  case  aforesaid,  was  taken  up  and  adopted,  and  is  as  follows,  viz. : 

A  complaint  of  the  Rev.  Robert  Tate,  Colin  ]\lclver  and  others,  was 
put  into  the  hands  of  the  Committee,  in  which  they  complain  of  a 
decision  of  the  Presbytery  of  Fayetteville,  by  which  they  refused  to 
reconsider  certain  decisions  made  at  a  former  meeting  of  the  Presbytery 
touching  the  case  of  the  Rev.  Archibald  McQueen.  "The  Committee  are 
unanimously  of  the  opinion  that  the  General  Assembly  cannot  entertain 
this  complaint,  inasmuch  as  the  complainants  did  not  avail  themselves  of 
their  right  to  complain  of  the  aforesaid  decisions  within  the  time  and  in 
the  manner  specified  in  our  Book  of  Discipline.  The  Committee  believe 
that  it  was  never  intended  that  those  who  thus  waived  their  right  should 
have  the  right,  at  a  subsequent  meeting  of  the  judicatory,  on  a  mere 
motion  to  reconsider,  to  bring  the  whole  previous  action  by  complaint 
before  the  higher  judicatory. — 1846,  p.  202,  O.  S. ;  see  also  next  below. 

9.    A  judicial  case  once  adjudicated  may  not  be  revived  on  memorial. 

The  complaint  of  the  Rev.  James  P.  Fisher  against  the  action  of  the 
Synod  of  Albany,  in  the  case  of  the  Rev.  George  H.  Thatcher.  It 
appears  that  the  Presbytery  of  Albany  allowed  Mr.  Thatcher  to  demit 
the  office  of  the  Gospel  ministry,  of  which  action  complaint  was  made 
by  Mr.  Fisher  to  the  Synod  in  1856.  This  complaint  was  sustained,  but 
no  copy  of  it  appears  on  record,  nor  are  the  minutes  of  the  Presbytery, 
out  of  which  the  complaint  grew,  before  us.  The  Synod,  in  sustaining 
the  complaint,  did  not  make  any  order  to  the  Presbytery  as  to  what  dis- 
position they  should  make  of  Mr.  Thatcher;  but  no  protest  was  entered 
against  this  action,  nor  was  any  complaint  taken  to  this  body  at  that 
time.  At  the  meeting  of  the  Synod  in  1857,  a  memorial  was  presented 
from  the  Presbytery  of  Albany,  asking  Synod  to  define  their  action  in 
the  case,  which  memorial  was  laid  on  the  table.  The  complaint  now 
before  us  purports  to  lie  against  this  latter  action,  but  it  is  entitled  a 
"  complaint  of  the  action  of  the  Synod  in  the  case  of  the  Rev.  George 
H.  Thatcher,"  and  undoubtedly  all  the  reasons  of  complaint  are  aimed 
against  that  action.  The  Judicial  Committee  recommend  that  the  case 
be  dismissed  for  the  following  reasons,  viz. : 

1.  The  complainant  having  failed  at  the  proper  time  to  make  his  com- 
plaint of  the  action  of  the  Synod  in  the  case  of  Mr.  Thatcher,  has 
thereby  forfeited  his  right  to  complain. 

2.  Were  the  Assembly  to  allow  a  judicial  case,  when  once  adjudicated, 


OF   COMPLAINTS.  717 

to  be  revived  on  a  simple  memorial,  it  would  give  rise  to  endless  litigation, 
insomuch  that  no  judicial  case  could  ever  be  known  to  be  finally  settled. 
3.  Even  if  the  Assembly  were  disposed  to  entertain  the  complaint,  no 
intelligent  or  just  decision  could  be  had  in  the  case,  in  the  absence  of  the 
complaint  which  the  Synod  sustained,  and  of  the  records  of  the  Presby- 
tery in  the  original  case. — 1858,  p.  297,  0.  S. 

LXXXV.    Whenever  a  Complaint,  in   cases  non-judicial,  is  entered 

against  a  decision  of  a  judicatory,  signed  by  at  least  one-third  of  the 

members  recorded  as  present  when  the  action  was  taken,  the  execution 

of  such  decision  shall  be  stayed,  until  the  final  issue  of  the  case  by  the 

superior  judicatory. 

[Note. — See  under  Book  of  Discipline,  Sec.  Ixxxviii,  below,  in  case  of  the  dissolu- 
tion of  a  pastoral  relation.] 

LXXXVI.  The  complainant  shall  lodge  his  Complaint,  and  the 
reasons  therefor,  with  the  Clerk  of  the  superior  judicatory  before  the 
close  of  the  second  day  of  its  meeting  next  ensuing  the  date  of  the 
notice  thereof. 

[Note. — See  Book  of  Discipline,  Sec.  xcvii.    The  same  rule  applies  to  appeals.] 

LXXXVII.  If  the  higher  judicatory  finds  that  the  Complaint  is  in 
order,  and  that  sufficient  reasons  for  proceeding  to  trial  have  been 
assigned,  the  next  step  shall  be  to  read  the  record  of  the  action  com- 
plained of,  and  so  much  of  the  record  of  the  lower  judicatory  as  may  be 
pertinent;  then  the  parties  shall  be  heard,  and,  after  that,  the  judicatory 
shall  proceed  to  consider  and  determine  the  case,  as  provided  for  in  cases 
of  original  process.  In  cases  of  Complaint  involving  a  judicial  decision, 
proceedings  in  an  appellate  judicatory  shall  be  had  in  the  order  and  as 
provided  in  Sec.  xcix,  Chap,  iv,  entitled  "  Of  Appeals." 

LXXXVIII.  The  effect  of  a  Complaint,  if  sustained,  may  be  the 
reversal,  in  whole  or  in  part,  of  the  action  of  the  lower  judicatory;  and 
may  also,  in  cases  non-judicial,  be  the  infliction  of  censure  upon  the 
judicatory  complained  of.  When  a  Complaint  is  sustained,  the  lower 
judicatory  shall  be  directed  how  to  dispose  of  the  matter. 

1.    The  judicatory  issuing  a  complaint  may  not   decline  to  adjudicate 

the  merits  of  the  case,  and  must  observe  the   alternatives  of  the 

Book.    It  may  not  assume  original  jurisdiction. 

On  the  complaint  of  Mr.  William  H.  Beecher  and  others  against  the 

Synod   of   Genesee,  in  the   case  of  the  appeal  of   Dr.  Frank  from   the 

decision  of  the  Presbytery  of  Genesee,  the  General  Assembly  sustain  the 

complaint  and  reverse  the  judgment  of   the  Synod   on   the  following 

grounds,  viz. : 

1.  That  the  merits  of  the  case  seem  to  be  expressly  declined  by  the 
Synod  as  the  subject-matter  of  adjudication. 

2.  That  the  Synod  appear  not  to  have  adhered  to  the  alternatives  pre- 
scribed by  the  Constitution  (see  Book  of  Discipline  [Old] ,  Chap,  vii, 
Sec.  iii,  Sub -sec.  x). 

3.  That  the  Synod  seem  to  have  forgotten  the  nature  and  the  limits  of 


718  BOOK    OF    DISCIPLINE,    SECT.    88-92. 

their  appellate,  as  distinguished  from  the  original  jurisdiction  in  the 
case;  in  that  they  censure  at  their  bar  the  appellant  in  a  way  competent, 
in  any  circumstances,  only  to  the  Session  of  the  church  to  which  the 
appellant  was  primarily  amenable. 

4.  That  they  seem  to  have  forgotten  also,  in  restoring  the  appellant, 
that  some  expression  of  repentance  ought  to  have  been  exacted,  espe- 
cially if  their  reprimand  could,  from  any  tribunal,  have  been  deserved. 
The  Assembly,  therefore,  rule  that  the  Synod  of  Genesee  should  review 
their  proceedings  in  this  case;  and,  regarding  alike  the  rules  of  the 
Constitution  and  the  merits  of  the  case,  that  they  proceed  to  issue  the 
same  with  equity  and  wisdom. 

In  the  matter  of  defining  in  what  calumny  consists,  as  connected  with 
the  case,  the  Assembly  feel  it  not  necessary  to  express  any  opinion  farther 
than  to  recommend  the  principles  of  our  Constitutional  discipline. — 
1840,  p.  11,  N.  S. 

2.    Reversal  places  matters  in  statu  quo. 

[In  the  complaint  of  T.  B.  Clark  and  others  against  the  decision  of 
the  Synod  of  Cincinnati :] 

The  parties  having  been  heard,  the  Synod  withdrew,  and  the  roll  was 
called  for  the  opinions  of  the  members.  The  question  was  then  put,  "  Is 
the  complaint  well  founded  ?"  and  it  was  answered  in  the  affirmative. 

And  it  was 

Resolved,  That  the  complaint  be  sustained,  and  the  decision  of  the 
Synod  of  Cincinnati  be  reversed,  and  matters  placed  in  the  same  situa- 
tion in  which  they  were  before  the  Synod  entered  up  its  judgment  in  the 
case.— 1841,  p.  450,  O.  S. 

3.    Does  a  complaint  suspend  the  dissolution  of  a 
pastoral  relation? 

An  overture  from  the  Presbytery  of  Erie,  viz. : 

Does  the  dissolution  of  pastoral  relations  take  effect  immediately, 
although  notice  has  been  given  of  a  complaint  to  a  higher  court  ? 

Answer :  A  complaint  alone  does  not  suspend  or  arrest  the  action 
complained  of.     Adopted. — 1881,  p.  586. 

[Note. — See  Book  of  Discipline,  Sec.  Ixxxv,  p.  717,  which  was  adopted  in  1884,  and 
by  which  the  law  was  changed.] 

4.    Censure  of  the  lower  judicatories. 

The  Committee  appointed  to  prepare  a  minute  to  be  adopted  by  the 
Assembly,  in  relation  to  the  appeal  and  complaint  of  the  Rev.  Josiah 
B,  Andrews,  against  a  decision  of  the  Synod  of  New  Jersey,  affirming 
a  decision  of  the  Presbytery  of  Jersey,  by  which  Mr.  Andrews  was 
admonished,  reported,  and  their  report  being  read,  was  adopted,  and  is 
as  follows,  viz. : 

The  General  Assembly,  after  maturely  and  prayerfully  considering  the 
appeal  and  complaint  of  the  Rev.  Josiah  B.  Andrews,  from  a  sentence 
of  tlie  Synod  of  New  Jersey,  adopted  the  following  minute,  viz. : 

While  in  the  opinion  of  this  Assembly,  the  Presbytery  of  Jersey  in 
originating,  conducting  and  issuing  this  prosecution,  do  not  appear  to 
have  exercised  that  cautious  regard  to  the  provisions  of  the  Constitution, 
in  cases  of  process,  which  are  so  efficient  in  matters  of  discipline,  and 
while  they  deem  this  applicable  to  the  proceedings  of  the  Presbytery  in 
relation  to  both  the  parties, 


OF   COMPLAINTS.  719 

Resolved,  1.  That  the  sentence  of  the  Presbytery  and  Synod,  so  far  as 
it  censures  the  Rev.  Josiah  B.  Andrews,  for  an  imprudence  of  conduct 
and  a  want  of  tenderness  toward  the  reputation  of  certain  members  of 
the  church  in  Perth  Amboy,  be  affirmed  and  it  hereby  is  affirmed. 

2.  That  the  sentence  of  the  Presbytery  and  Synod,  censuring  the  Rev. 
Josiah  B.  Andrews  for  '•  a  very  reprehensible  degree  of  equivocation," 
be  reversed,  and  it  hereby  is  reversed. — 1824,  p.  106. 

[Note. — See  also  under  Book  of  Discipline,  Sec.  Isxii,  No.  3,  d,  p.  687,  censure  of 
tte  Synod  of  Cincinnati  on  review  of  records.] 

5.    Complaint  sustained,  and  the  errors  of  the  inferior 
judicatories  detailed. 

The  Committee  appointed  to  bring  in  a  minute  in  reference  to  the  com- 
plaint of  the  Rev.  Thomas  H.  Skinner,  D.  D.,  and  others  against  the 
Synod  of  Cincinnati,  respectfully  report  the  following,  viz.: 

The  complaint  of  the  Rev.  Thomas  H.  Skinner,  D.D.,  and  others 
against  the  Synod  of  Cincinnati,  in  the  matter  of  Rev.  William  C. 
McCuue,  was  found  to  be  in  order ;  and,  after  being  heard,  the  vote  on 
the  same  was  taken. 

The  complaint  was  declared  to  be  sustained,  and  the  action  of  the 
Synod  reversed. 

In  this  decision  the  Assembly  affirm  their  judgment  that  the  original 
charges  brought  against  the  Rev.  William  C.  McCune  before  the  Presby- 
tery of  Cincinnati  in  this  case  were  proved  by  sufficient  evidence  under 
several  of  the  specifications  subjoined  to  the  same.  The  Presbytery 
therefore  erred  in  not  sustaining  these  charges,  and  in  not  reprimanding 
Mr.  McCune  for  his  unsound  statements  and  his  disloyal  action  in  the 
premises.  The  Presbytery  also  erred  in  dismissing  Mr.  McCune  under 
these  circumstances  to  another  denomination  as  in  good  standing.  The 
Synod  of  Cincinnati  erred  in  refusing  to  sustain  the  complaint  made 
against  the  Presbytery  of  Cincinnati  for  its  action  in  this  case.  Adopted. 
—1878,  p.  103. 

[Note. — See  also  under  Book  of  Discipline,  Sec.  xcix,  4.] 

LXXXIX.  The  parties  to  a  Complaint,  in  cases  non-judicial,  shall  be 
known,  respectively,  as  Complainant  and  Respondent — the  latter  being 
the  judicatory  complained  of,  which  should  always  be  represented  by  one 
or  more  of  its  number  appointed  for  that  purpose,  who  may  be  assisted 
by  counsel. 

XC.  Neither  the  complainant  nor  the  members  of  the  judicatory 
complained  of  shall  sit,  deliberate,  or  vote  in  the  case. 

[Note. — See  under  Book  of  Discipline,  Sec.  xcviii.] 

XCI.  Either  of  the  parties  to  a  Complaint  may  appeal  to  the  next 
superior  judicatory,  except  as  limited  by  chap,  xi,  sec.  iv,  *  of  the 
Form  of  Government. 

XCII.  The  judicatory  against  which  a  Complaint  is  made  shall  send 
up  its  records,  and  all  the  papers  relating  to  the  matter  of  the  Complaint, 
and  filed  with  the  record;  and,  for  failure  to  do  this,  it  shall  be  censured 

*  i.  e.,  "  Which  do  not  affect  the  doctrine  or  Constitution  of  the  Church,"  in  which 
cases  the  decision  of  the  Synod  is  final.    See  p.  244. 


720  BOOK    OF   DISCIPLINE,    SECT.    92-94. 

by  the  superior  judicatory,  which  shall  have  power  to  make  such  orders, 
pending  the  production  of  the  records  and  papers,  and  the  detenninatiou 
of  the  Complaint,  as  may  be  necessary  to  preserve  the  rights  of  all  the 
parties. 

1.    In  the  absence  of  the  respondent  and  of  the  papers  in  the  case 
decision  suspended  until  the  record  is  produced. 

The  Judicial  Commission  appointed  to  hear  and  issue  the  complaint  of 
John  J.  McCook,  William  Waith,  John  Machliu,  M.  L.  Miller  and 
James  Gardner  against  the  action  of  the  tS}Tiod  of  New  York  on  October 
21,  1892,  in  finding  in  order  a  complaint  of  the  Rev.  Francis  Brown, 
D.D.,  against  the  action  of  the  Presbytery  of  New  York,  on  November 
4,  1891,  in  sustaining  the  ruling  of  the  Moderator  as  to  the  status  of  the 
Prosecuting  Committee,  to  which  complaint  the  names  of  113  persons 
had  been  added  after  the  ten  days'  limit  fixed  by  the  Book  of  Discipline 
had  expired,  met  on  May  27,  at  8  P.M. 

The  record  containing  the  action  was  read,  and  one  of  the  complain- 
ants, Mr.  John  J.  McCook,  was  heard. 

In  the  absence  of  any  appointed  representative  from  the  Synod  of  New 
York,  the  Rev.  Francis  Brown,  D.D,,  and  Ruling  Elder  Alfred  B. 
Smith,  members  of  that  body,  were  invited  to  address  the  Commission 
concerning  the  action  of  the  Synod  in  the  case.  A  letter  was  read  from 
the  Stated  Clerk  of  the  Synod,  stating  that  the  original  complaint,  from 
some  cause  which  does  not  seem  to  be  any  fault  of  his,  had  passed  out  of 
his  reach. 

The  complaint  was  found  to  be  in  order,  and  it  was  entertained.  The 
following  action  was  then  taken : 

The  Finding :  The  Judicial  Commission  finds  that  the  Synod  of  New 
York  has  failed  to  appear  before  the  court  by  any  appointed  representa- 
tive ;  they  further  find  that  the  Synod  of  Ne^v  York,  against  which  this 
complaint  is  made,  has  failed  to  send  up  all  the  papers  in  the  case,  as 
provided  for  in  Sec.  xcii  of  the  Book  of  Discipline.  The  Commission 
recommends  that  the  decision  complained  of  be  suspended  until  the 
record  is  produced  on  which  the  issue  can  be  thoroughly  tried;  and  that 
the  Synod  of  New  York  be  directed  to  send  up  all  the  papers  relating  to 
this  complaint  with  the  record,  to  the  next  General  Assembly,  and  that 
the  Synod  appoint  one  or  more  of  its  members  to  represent  it  at  said 
General  Assembly.— 1893,  pp.  152,  153. 

[Note.— See  this  Digest,  p.  715,  for  the  final  action  in  this  case.] 

XCIII.  If  a  case  should  be  carried  to  an  appellate  judicatory  by  both 
Appeal  and  Complaint,  the  same  shall  be  consolidated  for  trial,  if  deemed 
proper  by  the  appellate  judicatory.  If  the  Appeal  be  abandoned,  the 
case  shall  be  heard  only  on  the  Complaint. 

[Note.— See  Book  of  Discipline,  Sec.  Ixxxiii,  p.  697.] 
IV.    OF  APPEALS. 

XCIV.  An  Appeal  is  the  removal  of  a  judicial  case,  by  a  written 
representation,  from  an  inferior  to  a  superior  judicatory;  and  may  be 


OF   APPEALS.  721 

taken,  by  either  of  the  original  parties,  from  the  final  judgment  of  the 

lower  judicatory.     These  parties  shall  be  called  Appellant  and  Appellee. 

[Note. — Prior  to  the  adoption  of  the  Constitution  of  1821,  no  distinction  was  made 
between  an  appeal  and  a  complaint.  The  common  form  used  was  "  We  appeal  and 
complain."  Under  this  broad  title  any  decision  whatever  was  carried  by  any  parties 
from  the  lower  judicatories  to  the  higher.  The  Constitution  of  1821  defined  "an 
appeal"  to  be  "  the  removal  of  a  cau.se  already  decided,  from  an  inferior  to  a  superior 
judicatory  by  a  party  aggrieved."  Under  the  term  "cause"  all  cases  of  whatever 
character  which  had  been  the  subject  of  a  decision  by  an  inferior  judicatory  were 
included.  Hence  under  this  section  "Of  Appeals"  will  be  found  many  decisions  of 
cases  which,  under  the  present  Constitution,  would  be  acted  on  only  as  complaints. 
They  appear  here  because  of  the  questions  decided.] 

1.    The  death  of  the  appellee  bars  the  prosecution  of  an  appeal. 

The  records  of  the  Synod  of  New  York  were  approved,  except  that, 
on  p.  277,  it  appears  that  the  Synod  decided  that  the  death  of  the  Rev. 
Mr.  Griffith  should  be  no  bar  in  the  way  of  the  prosecution  of  an  appeal 
by  his  prosecutor  from  the  decision  of  the  Presbytery  of  Bedford, 
acquitting  Mr.  Griffith.— 1833,  p.  400. 

[Note. — The  right  to  appeal  or  complain  is  not  affected  by  the  approval  of  the  min- 
utes of  the  judicatory  complained  of.  See  Book  of  Discipline,  Sec.  Ixxii,  Nos.  4  and 
5,  p.  687.] 

2.    Appeals  limited  to  judicial  cases. 
The  complaint  of  A.  D.  Metcalf,  etc.,  against  the  Synod  of  Virginia, 
for  deciding  that  appeals  may  lie  in  cases  not  judicial,  was  taken   up. 
The  complaint  was  sustained. — 1839,  p.  160,  O.  S. 

3.    Original  parties  only  may  appeal.    Others  may  complain. 

a.  The  Judicial  Committee  reported  a  paper,  signed  by  Dr.  Cathcart 
and  others,  members  of  the  Presbytery  of  Carlisle,  purporting  to  be  an 
appeal  or  complaint  relative  to  a  decision  of  the  Synod  of  Philadelphia. 
The  Committee  gave  it  as  their  opinion  that  the  subject  could  not  be 
taken  up  on  the  ground  of  an  appeal,  because  these  persons  were  not  one 
of  the  original  parties,  but  that  it  might  be  taken  up  in  the  character  of 
a  complaint. — 1823,  p.  69. 

b.  Judicial  Case  No.  4,  the  complaint  and  appeal  of  the  Presbytery 
of  Passaic  against  the  Synod  of  New  Jersey.     It  Avas 

Resolved,  That  the  Assembly  cannot  entertain  this  case  as  one  of 
appeal,  inasmuch  as  it  has  not  been  made  by  one  of  the  original  parties. 

The  case  was  then  continued  as  a  complaint. — 1861,  p.  344,  O.  S. 

C.  In  the  case  of  the  appeal  of  Thomas  H.  Skinner  et  al.,  from  the 
Presbytery  of  Cincinnati,  the  Committee  recommend  that,  inasmuch  as 
the  so-called  appellants  were  not  an  original  party,  they  are  not  entitled 
to  an  appeal  (Book  of  Discipline  [Old],  Chap,  vii.  Sec.  iii.  Sub-see. 
xvii),  and  that,  therefore,  the  case  be  dismissed.  Adopted. — 1877,  p. 
575. 

d.  In  the  appeal  of  George  Fishbach  vs.  The  Synod  of  Illinois  South, 
the  case  was  dismissed,  inter  alia,  "  because  the  appellant  is  not  a  party 
aggrieved."— 1874,  p.  62. 

4.    Decisions  as  to  original  parties, 
a.   The  person  prosecuted  and  the  prosecutor. 

[In  the  case  of  Mr.  Barnes]  Mr.  Barnes  was  heard  in  support  of  his 
appeal.     Dr.  Junkin,  the  original  prosecutor,  was  heard  in  support  of 
the  charges  until  he  finished.     The  Synod  was  heard  by  their  Committee 
in  explanation  of  the  grounds  of  their  decision. — 1836,  p.  260,  etc. 
46 


722  BOOK    OF    DISCIPLINE,    SECT.    94-95, 

The  appeal  of  W.  J.  Frazer  against  the  Synod  of  Illinois,  The 
sentence  appealed  from,  the  appellant's  reasons  for  appealing  and  the 
records  of  the  inferior  court,  were  I'ead.  Mr.  Frazer,  the  appellant,  and 
Mr,  James  Stafford,  his  prosecutor,  who  were  the  original  parties,  were 
heard.— 1840,  p,  288,  O,  S, 

"b.    The  person  claiming  to  be  aggrieved  and  the  judicatory  appealed  from. 

The  parties  in  the  case  were  then  called,  and  R.  J.  Breckinridge  was 
heard  on  behalf  of  Robert  S,  Finley. 

A  question  arose  when  he  concluded,  respecting  the  original  parties, 
whether  the  Presbytery  of  Elizabethtown  or  the  Synod  of  New  Jersey 
should  be  regarded  as  the  other  party,  upon  which  the  Moderator  decided 
that  the  action  of  the  Assembly  in  allowing  James  Hoge  and  Nathaniel 
Hewit  to  take  the  place  of  absent  members  of  the  Committee  appointed 
by  the  Synod  of  New  Jersey,  did  virtually  recognize  the  Synod  as  the 
party  to  be  heard  at  this  stage  of  the  proceedings. — 1858,  p.  291,  O,  S. 

C.      The  Prosecuting  Committee  and  the  appellee. 

In  the  case  of  the  Presbyterian  Church  in  the  United  States  of  Amer- 
ica against  the  Rev,  Charles  A,  Briggs,  D.D,,  being  an  appeal  to  the 
General  Assembly  from  a  decision  and  final  judgment  of  the  Presbytery 
of  New  York,  rendered  January  9,  1893,  the  Judicial  Committee  beg 
leave  respectfully  to  report  .that  they  have  examined  the  papers  pertaining 
to  this  case,  and  find: 

1.  That  the  appellant  in  this  case  is  the  Presbyterian  Church  in  the 
United  States  of  America,  repi'esented  by  its  Prosecuting  Committee, 
appointed  by  the  Presbytery  of  New  York,  and,  as  such  appellant,  has 
a  right  of  appeal  to  this  Assembly  as  an  original  party,  and  said  Prose- 
cuting Committee  is  entitled  to  conduct  the  prosecution,  in  all  its  stages, 
in  whatever  judicatory,  until  the  final  issue  be  reached, — 1893,  p.  104, 
[Note. — See  Book  of  Discipline,  Sees,  x,  xi,  p.  636.] 

d.      The  appellant  and  the  appellee. 

The  Judicial  Committee,  in  the  matter  of  Judicial  Case  No.  1,  begs 
leave  to  report: 

In  the  case  of  the  Presbyterian  Church  in  the  United  States  of  Amer- 
ica against  Rev.  Henry  Preserved  Smith,  D.  D. ,  being  the  appeal  to  the 
General  Assembly  from  the  decision,  action  and  judgment  of  the  Synod 
of  Ohio,  rendered  October  13,  1893,  we  have  examined  the  papers  and 
conferred  with  the  parties. 

We  find  that  the  appellant  is  Rev.  Henry  Preserved  Smith,  D.D., 
and  as  such  appellant  he  has  the  right  to  appeal  to  the  General  Assem- 
bly, the  case  being  one  of  that  nature  in  which  the  appeal  may  be  taken 
to  the  highest  court  of  the  Church,  and  we  find  that  the  Committee  to 
conduct  the  prosecution  appointed  by  the  Presbytery  of  Cincinnati,  in 
which  Presbytery  the  case  arose,  has  the  right  to  conduct  the  prosecu- 
tion, and  hence  to  appear  for  the  Presbyterian  Church,  the  appellee  in 
this  court.— 1894,  p.  90. 

[Note. — See  under  Book  of  Discipline,  Sec.  xi,  p.  637.] 

5.    Members  of  the  judicatory  trying  a  case  are  not  parties  in 
the  case  and  may  not  appeal. 

a.  The  Judicial  Committee  also  reported  on  the  appeal  of  Dr.  Joshua 
L.  Wilson  and  others,  against  a  decision  of  the  Synod  of  Cincinnati,  in 


OF   APPEALS.  723 

the  case  of  Dr.  Beecher,  that  they  have  examined  the  same,  and  are  of 
opinion  that  Dr.  Wilson  and  others  were  not  a  party  in  the  case,   and 
consequently  cannot  constitutionally  ajipeal ;  and  recommend  that  they 
have  leave  to  withdraw  their  appeal.     This  report  was  adopted  — 1834 
p.  432. 

b.  An  appeal  of  the  Presbytery  of  Omaha  against  the  decision  of  the 
Synod  of  Iowa,  in  the  case  of  Dr.  G,  C.  Morrill.  This  case  originated 
in  the  Session  of  the  Second  Church  of  Omaha,  in  which  common  fame 
was  the  accuser  against  Dr.  Gilbert  C.  Morrill.  After  trial  and  judg- 
ment before  the  Session,  it  was  carried,  by  appeal  of  the  accused,  to  the 
Presbytery  of  Omaha,  from  whose  judgment  it  was  again  carried,  by 
appeal  of  the  accused,  to  the  Synod  of  Iowa.  The  Synod  remanded  the 
case  to  the  Session  for  a  new  trial,  of  which  decision  the  Presbytery 
seeks  a  review  by  appeal  to  this  Assembly. 

In  the  judgment  of  the  Judicial  Committee,  the  Presbytery  of  Omaha 
is  not  one  of  the  original  parties  to  this  case,  and  is  therefore  not  compe- 
tent to  bring  it  before  the  Assembly  by  appeal  (Book  of  Discipline 
[Old],  Chap,  vii.  Sec.  iii.  Sub-sees,  i  and  xvii).  And  they  therefore 
recommend  that  the  appellants  have  leave  to  withdraw  their  papers. 
Adopted. —1870,  p.  27. 

6.    An  appeal  may  be  made  to  the  next  superior  judicatory  by 
either  of  the  parties  to  a  complaint. 

[Note. — See  Book  of  Discipline,  Sec.  xci.] 

7.    No  constitutional  provision  for  a  second  appeal. 

An  appeal  and  complaint  from  Rev.  E.  Bailey  Smith  against  the  action 
of  the  Synod  of  New  Jersey.  It  appearing  that  Mr.  Smith  had  apj)ealed 
from  this  same  action  to  a  foi-mer  Assembly,  the  Committee  are  unable 
to  perceive  how  this  second  appeal  can  be  entertained.  The  Book  of 
Discipline  (Old)  makes  no  provision  for  any  such  second  appeal.  Be- 
sides, even  if  such  an  appeal  were  allowable,  the  reasons  for  it  in  this 
case  were  not  lodged  with  the  Assembly  before  the  close  of  the  second 
day  of  the  session  (as  required  by  the  Book  of  Discipline),  and  no  new 
reasons  are  now  assigned  for  it.  It  is,  therefore,  recommended  that  the 
appeal  be  dismissed.     Adopted. — 1876,  p.  28. 

[Note. — See  Book  of  Discipline,  Sec.  xcvi.j 

XCV.  The  grounds  of  Appeal  may  be  such  as  these :  Irregularity  in 
the  proceedings  of  the  inferior  judicatory;  refusal  to  entertain  an  Appeal 
or  Complaint;  refusal  of  reasonable  indulgence  to  a  party  on  trial; 
receiving  improper,  or  declining  to  receive  important,  testimony;  hasten- 
ing to  a  decision  before  the  testimony  is  fully  taken;  manifestation  of 
prejudice  in  the  conduct  of  the  case ;  and  mistake  or  injustice  in  the 
decision. 

[Note. — In  a  majority  of  the  cases  cited  below,  it  will  be  seen  at  once  that  under 
Sec.  xciv,  they  would  be  received  only  as  complaints,  not  being  judicial  cases,  or 
brought  by  "  either  of  the  parties  to  a  complaint."  They  are  cited  here,  however,  be- 
cause they  contain  valuable  precedents — decisions  which  are  not  affected  by  the  form 
in  which  they  were  brought. 

In  cases  of  complaint  involving  a  judicial  decision,  proceedings  in  an  appellate 
judicatory  shall  be  had  in  the  order  and  as  provided  in  Sees,  xcix  and  Ixxxvii.J 


724  BOOK    OF    DISCIPLINE,    SECT.    95. 

1.    Appeals  have  been  entertained  and  issued  for  refusing  to  permit 

a  call. 

a.  Appeal  of  Rev.  Henry  R.  Wilson  vs.  the  Synod  of  Philadelphia. 
Sustained. — 1814,  p.  548. 

b.  Appeal  of  Presbytery  of  Hudson  vs.  the  Synod  of  New  York  and 
New  Jersey.     The  appeal  was  sustained. — 1817,  p.  644, 

C.  Appeal  of  Rev.  Mr.  Edgar  vs.  the  Synod  of  Erie.  Dismissed  on 
the  ground  that  Presbyteries  have  discretionary  power  in  such  cases.  — 

1875,  p.  510. 

[Note. — See  under  Form  of  Government,  Chap,  xv,  Sec.  ix,  p.  569.] 

2.    Appeal  against  an  installation  in  the  face  of  a  protest. 

The  Commission  to  whom  was  referred  Judicial  Case  No.  1,  being  an 
appeal  by  the  minority  of  the  church  and  congregation  of  Westfield  from 
the  judgment  of  the  Synod  of  New  Jersey,  report: 

The  appellants" complained  to  the  Synod  of  the  action  of  the  Presbytery 
of  Elizabeth  in  installing  the  Rev.  Alexander  McKelvey  as  pastor  of  said 
church  and  congregation,  in  disregard  of  the  protest  of  the  minority. 

The  Synod,  at  its  annual  meeting,  held  in  Orange,  October,  1875, 
tried  the  appeal,  with  the  following  result  of  votes:  to  sustain  the  appeal, 
39;  not  to  sustain,  39;  to  sustain  in  part,  4.  The  Moderator  ruled  that 
the  votes  to  sustain  in  part  should  not  be  counted,  thus  i-endering  the 
vote  of  Synod  a  tie  of  39  to  39.  He  then  gave  a  casting  vote  not  to 
sustain  the  appeal.  The  Synod  then,  for  reasons  stated,  recommended 
that  the  Presbytery  of  Elizabeth  use  its  influence  to  secure  the  dissolution 
of  the  pastoral  relation  existing  between  Mr.  McKelvey  and  the  church 
and  congregation  of  Westfield.  Your  Commission  decides  that  the 
appeal  from  the  judgment  of  the  Synod  should  be  and  is  hereby  sus- 
tained. The  four  votes  to  sustain  in  part  should  have  been  counted  with 
those  to  sustain,  and  the  Synod  is  directed  to  correct  its  record  in  this 
regard. 

In  view  of  the  fact  that  a  very  large  and  influential  minority  of  tlie 
congregation  of  Westfield  have,  from  the  beginning,  been  opposed  to  the 
pastorate  of  Mr.  McKelvey,  and  since  it  seems  certain  that  harmony 
will  not  be  restored  under  his  pastorate,  and  since  it  is  in  evidence  that 
many  of  the  members  of  the  Synod  who  voted  not  to  sustain  the  appeal 
are  of  opinion  that  this  pastoral  relation  should  be  dissolved,  and  in 
consideration  of  the  fact  that  many  of  the  acts  of  the  Presbytery  in  the 
case  have  been  hasty  and  irregular,  the  Synod  of  New  Jersey  is  required 
and  directed  to  enjoin  the  Presbytery  of  Elizabeth  to  dissolve,  at  as 
early  a  day  as  practicable,  the  pastoral  relation  of  the  Rev.  Alexander 
McKelvey  to  the  church  and  congregation  of  Westfield.     Adopted. — 

1876,  pp.  63,  64;  1877,  p.  508. 

3.    Appeal  against  a  refusal  to  obey  the  superior  judicatory. 

An  appeal  from,  and  complaint  against,  a  vote  of  the  Synod  of  Phila- 
delphia, in  the  case  of  Mr.  Hindman. 

The  Committee  appointed  to  draught  a  minute  respecting  the  appeal 
from  the  decision  of  the  Synod  of  Philadelphia,  whereby  they  refused 
to  revise  a  minute  of  their  preceding  sessions,  in  the  case  of  Mr.  Hind- 
man,  and  refused  to  take  into  consideration  the  conduct  of  the  Presby- 
tery of  Lewes  in  the  affair  of  his  licensure,  produced  a  draught  to  that 


OF   APPEALS.  725 

purpose,  which,  after  some  amendment,  was  approved,  and  is  as  follows, 
viz. : 

The  Assembly  having  had  the  whole  affair  laid  before  them,  and  fully- 
heard  the  parties,  after  mature  deliberation,  judged,  that  in  the  case  of 
Mr.  Hindman,  there  appeared  to  have  been  such  a  want  of  attention  to 
the  rules  of  this  body,  and  neglect  of  order,  as  to  afford  just  ground  of 
uneasiness  to  the  appellants,  and  to  deserve  the  disapprobation  of  the 
Assembly.  But  inasmuch  as  acts  which  have  been  performed  in  an 
informal  manner  must  often,  when  done,  be  sustained,  the  Assembly  do 
hereby  sustain  the  licensure  and  ordination  of  Mr.  Hindman,  while  at 
the  same  time  they  enjoin  it,  in  the  most  pointed  manner,  on  the  Synod 
of  Philadelphia,  to  give  particular  attention  that  no  Presbytery  under 
their  care  depart,  in  any  respect,  from  that  rule  of  the  former  S}'Tiod  of 
New  York  and  Pliiladelphia.— 1792,  p.  56. 

4.    Appeal  for  refusing  to  receive  an  applicant. 
A  complaint  and  appeal  of  the   Rev.  Thomas  Ledlie   Birch,  against 
certain  proceedings  of  the  Presbytery  of  Ohio,  in  the  case  of  Mr.  Birch, 
particularly  for  refusing  to  receive  him  as  a  member  of  their  body.     The 
appeal  was  not  sustained — 1801,  pp.  213,  218. 
[Note. — See  Form  of  Government,  Chap,  x,  Sec.  viii,  No.  3,  p.  202.] 

5.    Against  an  order  or  decision  of  a  judicatory. 

a.  An  appeal  from  the  Session  of  the  Third  Presbyterian  Church  of 
Philadelphia  from  the  decision  of  the  Synod  of  Philadelphia,  aflirming 
a  decision  of  the  Presbytery  of  Philadelphia,  in  which  decision 
the  Presbytery  required  said  Session  within  twenty  days  from 
the  date  of  their  decision,  or  after  the  final  determination  of  the  case,  to 
convene  the  congregation  for  the  purpose  of  electing  a  pastor,  was 
determined  in  the  affirmative. — 1814,  p.  559. 

b.  The  Second  Presbytery  of  Philadelphia  appealed  against  and  com- 
plained of  the  act  of  the  Synod  of  Philadelphia,  ordering  it  to  be  merged 
in  the  Presbytery  of  Philadelphia.  Both  appeal  and  complaint  were 
sustained  and  the  act  of  the  Synod  pro  tanto  declaimed  void. — 1834,  p. 
432. 

C.  The  Assembly  took  up  the  appeal  and  complaint  of  the  Second 
Presbytery  of  Philadelphia  in  relation  to  the  decision  of  the  Synod  of 
Philadelphia  dissolving  them  as  a  Presbytery. 

The  final  vote  was  taken,  first  on  the  appeal,  which  was  sustained,  and 
then  on  the  complaint,  which  was  also  sustained.  — 1836,  pp.  273-276. 

6.    An  appeal  will  not  lie  against  a  judicatory  for  obeying  the 
order  of  its  superior. 

Appeal  of  Rev.  Mr.  Hummer  against  the  Presbytery  of  Highland. 
The  last  General  Assembly  passed  the  following  order,  viz. :  That  the 
General  Assembly  would  take  action  and  give  relief  in  the  case  of  Rev. 
Michael  Hummer,  who,  having  been  deposed  by  the  Presbytery  of  Iowa, 
had  been  restored  by  the  Presbytery  of  Highland  against  the  remon- 
strance of  the  Presbytery  of  Iowa,  just  as  if  he  was  an  independent 
minister. 

In  answer,  the  Assembly  declares  that  it  is  irregular  and  unconstitu- 
tional for  any  Presbytery  to  receive  and  restore  a  member  of  another 
Presbytery  who  had  been  deposed,  and  therefore  the  action  of  the  Pres- 
bytery of  Highland,  in  restoring  Mr.  Hummer,  was  improper;  and  the 


726  BOOK    OF    DISCIPLINE,    SECT.    95. 

Presbytery  of  Highland  is  directed  to  reconsider  its  action,  and  proceed 
according  to  the  requirements  of  the  Constitution. 

The  report  was  adopted. 

The  Presbytery  of  Highland  adopted  the  following  minute : 

Whereas,  We  believe  that  our  action  in  the  reception  of  Brother 
Hummer  was  unconstitutional ;  and  whereas,  we  have  no  choice,  in  vievf 
of  the  direct  injunction  of  the  General  Assembly;  therefore, 

Resolved,  That  we  do  now  proceed  to  reconsider  the  action  of  this 
Presbytery,  by  which  Mr.  Hummer  was  received  into  this  body. 

Resolved,  That  this  action  of  Presbytery  be  understood  as  putting  the 
case  into  the  position  it  occupied  previous  to  his  reception. 

Resolved,  That  Presbytery  earnestly  advise  Mr.  Hummer  to  appeal 
once  more  to  the  Presbytery  of  Iowa  to  take  up  his  case,  in  order  that, 
in  the  event  of  their  refusal  to  do  him  justice,  he  may  appeal  to  the 
Synod,  and  thence,  if  necessary,  to  the  General  Assembly,  which  resolu- 
tion was  adopted. 

Against  this  proceeding  Mr.  Hummer  appeals. 

But  it  appears  that  the  Presbytery  of  Highland  did  nothing  more  than 
they  were  required  to  do  by  the  General  Assembly ;  that  is  to  say,  they 
reconsidered  and  set  aside  the  action  which  the  Assembly  had  declared 
"  irregular,"  "  unconstitutional,"  and  "  improper."  In  the  judgment 
of  the  Committee,  an  appeal  does  not  lie  in  such  a  case,  and  they  recom- 
mend that  it  be  dismissed,  and  Mr.  Hummer  have  leave  to  withdraw  his 
papers. 

The  report  was  accepted  and  adopted,  and  the  case  dismissed. — 1863, 
p.  35,  O.  S. 

[Note. — See,  also,  in  this  Digest,  p.  206.] 

7.    An  appeal  dismissed  because  no  evidence  is  presented  to 
sustain  the  allegation. 

Appeal  and  complaint  of  certain  persons  claiming  to  be  ruling  elders 
of  the  churcli  at  Little  Falls  vs.  the  Synod  of  Albany. 

That  they  have  examined  the  records  and  papers  in  said  case ;  and 
although  the  appeal  has  been  taken  in  proper  foiTn,  and  after  due  notice, 
yet,  as  there  has  been  presented  no  evidence  to  sustain  the  allegations  set 
forth  as  grounds  of  reversal,  and  as  the  allegations  cannot  therefore  be 
tried  by  the  Assembly,  the  Committee  recommend  that  the  said  appeal 
and  complaint  be  dismissed.     Adopted. — 1861,  p.  312,  O.  S. 

Also  case  of  William  McElwee  vs.  Synod  of  Toledo. — 1873,  p.  509. 

8,  Appeal  will  not  lie  against  a  refusal  to  adopt  a  paper;  or  to 
determine  a  constitutional  question  in  thesi, 

The  Judicial  Committee  having  had  under  consideration  No.  1,  the 
appeal  and  complaint  of  the  Rev.  Robert  J.  Breckinridge,  D.D.,  and 
others,  against  a  decision  of  the  Synod  of  Philadelphia,  on  the  quorum 
question;  and  No.  2,  the  appeal  and  complaint  of  the  Rev.  R.  J.  Breck- 
inridge, CD.,  and  others,  against  a  decision  of  the  Synod  of  Philadel- 
phia, on  the  question  of  the  imposition  of  hands  in  ordination,  report, 
that  in  their  opinion  the  Form  of  Government  and  Discipline  of  the 
Presbyterian  Church  do  not  authorize  the  appellants  and  complainants 
to  bring  before  the  General  Assembly,  either  an  appeal  or  complaint  in 
the  cases  referred  to.     The  report  was  adopted. — 1844,  p.  366,  O.  S. 

[Note.— See  Book  of  Discipline,  Sec.  Ixxxiii,  p.  698.] 


OF   APPEALS.  727 

9.    Nor  where  the  judicatory  acts  within  the  limits  of  its  power 
and  authority. 

The  Special  Committee,  appointed  to  prepare  a  minute  expressive  of 
the  sense  of  the  Assembly  in  passing  the  vote  in  the  case  of  the  appeal 
of  Silas  Miller  from  the  decision  of  the  Synod  of  Illinois,  recommended 
the  adoption  of  the  following  minute: 

The  Assembly,  having  heard  the  appeal  of  Silas  Miller  from  the 
decision  of  the  Synod  of  Illinois,  the  sentence  appealed  from  and  the 
reasons  assigned  therefor,  the  whole  record  of  the  proceedings  of  the 
Synod  in  the  case,  including  all  the  testimony  and  the  reasons  of  their 
decision;  and  having  heard  the  original  parties  by  their  counsel,  namely, 
the  appellant,  by  his  counsel,  Rev.  George  I.  King,  D.D.,  and  the 
Session  of  the  church  of  Tuscola,  by  the  Rev.  Edwin  Black;  and 
having  also  heard  the  Rev.  Livingston  M.  Glover,  D.D. ,  and  others, 
members  of  the  said  Synod,  in  explanation  of  the  grounds  of  their 
decision,  and  having  carefully  considered  said  appeal  and  the  reasons 
assigned  therefor  by  the  appellant,  are  of  the  opinion  that  there  is  no 
valid  ground  for  the  appeal,  in  that  it  does  not  appear  that  the  Synod 
exceeded  its  power  and  authority  in  the  premises,  or  that  it  did  any  of 
the  matters  or  things  specified  in  Chap,  vii.  Sec.  iii,  paragraph  3,  of  the 
Book  of  Discipline  (Old),  as  being  proper  grounds  of  appeal;  and 
therefore  the  Assembly  do  now  order  the  appeal  of  said  Silas  Miller  to 
be  dismissed,  and  the  decision  of  the  Synod  of  Illinois  to  be  confirmed. 
—1867,  p.  516,  K  S. 

[Note. — See  also  under  Book  of  Discipline,  Sec.  Ixxxiii,  "  Of  Complaints,"  p.  697.} 

10.    Nor  where  the  action  was  regular  and  equitable. 

Case  of  M.  A.  Rockefeller,  H.  N.  Waples  and  M.  E.  Starick  vs.  the 
Sjmod  of  Harrisburg. 

These  persons  complain  and  appeal,  because  the  Synod  decided  their 
case  without  hearing  both  sides  fully,  since  their  representative  was 
absent  on  the  last  day  of  the  hearing ;  and  because  of  injustice,  in  that 
the  Synod  did  not  regard  the  embarrassments  of  their  position,  and  the 
irregularity  of  the  action  of  the  Session  and  the  Presbytery,  from  which 
they  appealed. 

The  Committee  learn  from  the  records  of  the  Synod,  to  which  these 
appellants  refer,  as  their  only  testimony,  that  a  full  hearing  was  granted, 
their  representative  being  heard  as  long  as  he  desired  to  speak,  and  in 
his  absence,  after  having  addressed  the  Synod,  another  representative  was 
permitted  to  serve  in  his  place ;  and  all  the  provisions  of  the  Book  were 
granted  the  appellants.  Moreover,  the  decision  of  the  Synod,  from 
which  the  appeal  was  taken,  contained  an  injunction  upon  the  Presbytery, 
to  enjoin  the  Session  to  invite  these  members  of  the  Church  to  return  to 
their  duties  and  privileges  in  the  Church,  with  the  assurance  that,  if  they 
would  do  so,  the  action  against  them  should  be  annulled.  The  Com- 
mittee, therefore,  fail  to  find  ground  for  their  complaint,  for  either  of  the 
reasons  they  specify,  and  recommend  that  the  case  be  dismissed. 
Adopted.— 1873,  p.  509. 

11.    Nor  when  the  appeal  is  indefinite  and  general. 

An  appeal  of  E.  Bailey  Smith  from  the  decision  of  the  Synod  of  New 
York,  sustaining  the  decision  of  the  Presbytery  of  Westchester  deposing 
him  from  the  Gospel  ministry.     Your  Committee  report  that,  having 


728  BOOK    OF    DISCIPLINE,    SECT.    95-96. 

considered  the  appeal  of  E.  Bailey  Smith,  they  find  the  same  to  be 
indefinite  and  general  in  its  character,  presenting  no  specific  statement  of 
facts  in  support  of  the  reasons  assigned  in  the  appeal,  as  cause  of  com- 
plaint against  the  act  of  the  Synod.  They,  therefore,  recommend  that 
the  appeal  of  E.  Bailey  Smith  be  dismissed.     Adopted.  — 1875,  p.  511. 

12.    Where  no  question  of  doctrine  or  law  is  assigned  the  appeal 
not  entertained. 

[Note. — See  Form  of  Government,  Chap,  xi,  Sec.  iv ;  also  Chap,  xii,  Sec.  iv.] 

a.  An  appeal  of  J.  H.  Rogers  from  an  action  of  the  Synod  of 
Illinois. 

Statement  of  the  Case. — Mr.  Rogers  was  suspended  from  church  privi- 
leges by  the  Session  of  Prospect  church,  and,  being  dissatisfied  with  his 
sentence,  appealed  to  the  Presbytery  of  Peoria.  The  Presbytery  declined 
to  pass  judgment  upon  the  guilt  or  innocence  of  Mr.  Rogers  on  the 
charges  preferred,  but  decided  that  other  conduct  of  Mr.  Rogers,  during 
the  progress  of  his  trial,  justified  his  suspension.  Mr.  Rogers  appealed 
to  the  Synod  of  Illinois  from  the  decision  of  the  Presbytery  of  Peoria 
on  the  grounds: 

1.  That  they  should  have  pronounced  him  guilty  or  innocent  of  the 
charges  preferred. 

2.  That  the  Presbytery  should  not  have  sustained  the  Session's  sentence 
which  was  not  according  to  the  indictment,  but  in  condemnation  of  con- 
duct and  spirit  indulged  in  during  the  pi'ogress  of  the  trial. 

The  Synod  sustained  the  appeal  of  Mr.  Rogers  in  both  specifications 
as  a  whole,  and  remanded  the  case  to  the  Presbytery,  with  instructions 
to  find  a  definite  judgment  according  to  the  evidence,  and  in  a  form 
prescribed  by  the  law  of  the  Church. 

Your  Committee  is  not  able  to  discover,  in  the  action  of  Synod  in  favor 
of  the  appellant,  or  in  the  reasons  assigned  by  the  appellant,  any  ques- 
tion of  doctrine  or  law,  and,  not  regarding  it  within  our  province  to  pass 
judgment  upon  the  merits  of  the  case,  we  recommend: 

That  the  appeal  be  not  entertained.     Adopted. — 1885,  p.  642. 

b.  An  appeal  of  Rev.  W.  W.  Campbell  from  an  action  of  the  Synod 
of  Baltimore. 

Statement  of  the  Case. — At  the  joint  request  of  Mr.  Campbell  and  the 
Grove  church,  under  the  care  of  the  Presbytery  of  Baltimore,  the  pas- 
toral relation  existing  between  Mr.  Campbell  and  the  Grove  church 
was  dissolved.  The  Synod  of  Baltimore  sustained  the  action  of  the 
Presbytery. 

Your  Committee  is  of  the  opinion  that  the  case  does  not  come  under 
the  rule  determining  the  character  of  cases  to  be  judged  by  the  General 
Assembly,  but  should  be  left  to  the  discretion  and  judgment  of  the  lower 
courts. 

We  therefore  recommend  that  the  appeal  of  Rev.  Mr.  Campbell  be 
not  entertained.     Adopted. — 1885,  p.  643. 

C.  An  appeal  of  Rev.  Samuel  Storrs  Howe  from  an  action  of  the 
Synod  of  Iowa. 

Statement  of  the  Case.  — Mr.  Howe  complains  that  the  Synod  of  Iowa 
refused  his  application  for  aid  for  a  mission  chapel  and  academy. 

This  case  is  so  evidently  out  of  the  province  of  the  Assembly,  and  so 
manifestly  a  case  to  be  decided  by  the  discretion  of  the  lower  courts,  and 
of  the  Boards  from  which  aid  is  asked,  that 


OF    APPEALS.  729 

Tlie  Committee  recommends  that  the  appeal  of  Rev.  Mr.  Howe  be  not 
entertained.     Adopted. — 1885,  p.  643. 

d.  The  complaint  of  Oakland  church,  against  the  Synod  of  Ten- 
nessee.— 1888,  p.  77. 

e.  The  complaint  of  Rev.  J.  W.  Cummings  and  Rev.  S.  C.  Faris  to 
the  Synod  of  Ohio,  against  the  Presbytery  of  Wooster,  for  changing  the 
terms  of  a  call  without  the  consent  of  parties. 

The  Committee  report  that  final  jurisdiction  in  the  case  belongs  to  the 
Synod.     Adopted.— 1886,  p.  73. 

f.  The  complaint  of  certain  members  of  the  former  Central  church, 
Jacksonville,  111.,  to  the  Synod  of  Illinois,  against  the  action  of  the 
Presbytery  of  Springfield  in  uniting  the  First  and  Central  churches  of 
Jacksonville. 

The  Committee  report  that  the  Synod  is  the  court  of  last  resort  in  such 
cases.     Adopted. — 1886,  p.  73. 

g.  The  report  of  the  Judicial  Committee,  in  the  case  of  Rev.  N.  West 
against  the  Synod  of  Minnesota,  was  read.  Mr.  West  was  heard  on  the 
question  of  the  constitutionality  of  the  appeal.  The  report  was  adopted. 
—1888,  p.  124. 

[Note. — See  this  Digest,  p.  704.] 

h.  Complaint  of  Rev.  William  M.  Campbell  against  the  Synod  of 
Baltimore. 

In  the  judgment  of  your  Committee,  this  complaint  does  not  involve 
questions  of  doctrine  or  Constitution,  and  the  judgment  of  Synod  being 
final  in  all  other  cases,  your  Committee  recommend  that  it  be  dismissed. 
Adopted.— 1891,  p.  144. 

i.  Appeal  of  A.  G.  McAuley  vs.  the  Synod  of  Pennsylvania.  "  This 
appeal  involves  no  question  of  Constitution  or  doctrine, ' '  the  Committee 
recommend  that  it  be  dismissed.     Adopted. — 1896,  p.  128. 

XCVI.  Written  notice  of  Appeal,  with  s])ecifications  of  the  errors 
alleged,  shall  be  given,  within  ten  days  after  the  judgment  has  been  ren- 
dered, to  the  Clerk,  or,  in  case  of  his  death,  absence,  or  disability,  to  the 
Moderator,  of  the  judicatory  appealed  from,  who  shall  lodge  it,  with  the 
records  and  all  the  papers  pertaining  to  tlie  case,  with  the  Clerk  of  the 
superior  judicatory,  before  the  close  of  the  second  day  of  its  regular  meet- 
ing next  ensuing  the  date  of  his  reception  of  said  notice. 

1.    Notice  of  appeal,  with  reasons  in  writing,  must  be  given  within 
ten  days  after  judgment. 

a.  An  appeal  of  Mr.  Benjamin  Bell,  from  a  decision  of  the  Presby- 
tery of  Geneva,  and  also  an  appeal  of  Mr.  Bell  from  the  decision  of  the 
Synod  of  Geneva,  were  laid  before  the  Assembly  by  the  Judicial  Com- 
mittee. These  appeals  were  both  dismissed,  on  account  of  the  judica- 
tories, from  whose  decisions  they  had  been  taken,  not  having  received 
due  notice  from  Mr.  Bell  that  he  designed  to  prosecute  them  before  this 
Assembly. — 1821,  p.  25. 

b.  The  appeal  of  Mr.  Charles  Yale  from  a  sentence  of  the  Presbytery 
of  Bath,  deposing  him  from  the  Gospel  ministry,  was  taken  up  and 
dismissed,  because  it  appeared  that  Mr.  Yale  gave  notice  to  said  Presby- 
tery that  he  should  appeal  to  the  Synod  of  Geneva,  several  days  before 


730  BOOK    OF    DISCIPLINE,    SECT.     96-97. 

he  signified  his  desire  to  the  Moderator  of  Presbytery  to  appeal  to  the 
General  Assembly.— 1826,  p.  187. 

C.  Resolved,  That  the  appeal  [of  certain  pew  owners  of  the  First 
Presbyterian  Church  in  Troy]  be  dismissed,  on  the  ground  that  the 
Synod  has  not  had  the  constitutional  notice  of  the  reasons  of  the  appeal. 
—1828,  p.  242. 

d.  Appeal  of  George  Fishbach  dismissed  because  he  did  not  file  his 
reasons  witliiu  ten  days  after  Synod. — 1874,  p.  62. 

[Note. — Under  the  old  Book  of  Discipline,  notice  of  appeal,  with  reasons,  was  given 
within  ten  days  after  the  rising  of  the  judicatory.  See  also  under  I^ook  of  Discipline, 
Sec.  Ixxxiv,  "Of  Complaints,"  p.  714. 

2.    Evidence  required  that  notice  has  been  given. 

a.  The  Judicial  Committee  recommend  that  said  appeal  be  dismissed 
on  the  ground  that  the  only  paper  which  appears  to  be  intended  as  an 
appeal  is  without  date  or  signature,  or  evidence  that  it  was  ever  before 
the  Synod  of  Genesee,  or  lodged  with  the  Moderator  of  said  Synod.  — 
Appeal  of  Bergen  church. — 1830,  p.  292. 

b.  The  complaint  of  John  Cochran  against  the  Synod  of  Philadelphia. 
The  complainant  liad  leave  to  withdraw  his  papers  on  the  ground  that 
the  Committee  have  no  evidence  that  notice  of  said  complaint  was  given 
to  the  Synod.— 1834,  p.  434. 

C.  Protest  and  appeal  of  Rev.  J.  W.  Martin  against  certain  action  of 
the  Presbytery  of  Philadelphia  North,  with  regard  to  the  Hermou 
church,  Frankford.  The  Committee  recommend  that  the  protest  and 
appeal  be  dismissed,  for  the  reason  that  it  does  not  appear  that  any  notice 
of  the  same  has  been  given  to  the  Synod  appealed  from.  Adopted. — 
1880,  p.  68. 

d.  The  records  of  the  Synod  of  Utica  were  approved,  with  the  follow- 
ing exceptions: 

1.  That  the  Synod  issued  an  appeal  from  the  inferior  judicatory,  when 
it  appeared  before  them  that  an  appellant  had  not  given  notice  in  writing 
that  he  should  appeal,  with  his  reasons  assigned  for  appealing,  as 
required  by  the  Book  of  Discipline  (Old),  before  the  rising  of  the 
judicatory  appealed  from,  or  within  ten  days  thereafter. 

2.  That  the  Synod  violated  the  principles  of  the  Constitution  in  quali- 
fying the  members  of  the  inferior  judicatory  to  ascertain  whether  an 
appeal  had  been  given,  when  the  Book  of  Discipline  requires  that  the 
appeal  shall  be  lodged  in  the  hands  of  the  Moderator;  and  further,  that 
the  inferior  judicatory  shall  send  authentic  copies  of  all  the  records,  and 
of  all  the  testimony  relating  to  the  matter  of  appeal,  up  to  the  Synod, 
whose  duty  it  is  to  issue  the  appeal  when  found  in  order,  and  in  accord- 
ance with  the  Book  of  Discipline. — 1840,  p.  12,  N.  S. 

3.    When  a  new  trial  is  granted  by  the  superior  judicatory,  notice 
must  be  given  by  the  appellant  of  his  intent  to  prosecute. 

This  appeal  of  Mr.  Craighead  from  a  decision  of  the  Synod  of  Ken- 
tucky was  taken  up,  and,  being  read,  it  appeared  on  inquiry  that  the 
Synod  of  Kentucky  was  not  ready  for  trial,  because  Mr.  Craighead  had 
failed  to  give  them  notice  that  he  intended  to  avail  himself  of  the  privi- 
lege granted  by  the  last  Assembly,  by  prosecuting  his  appeal ;  therefore, 

Resolved,  That  the  further  consideration  of  this  appeal  be  postponed, 
and  that  Mr.  Craighead  be  informed,  that  if  he  Avishes  to  prosecute  his 


OF   APPEALS.  *  731 

appeal  before  the  next  General  Assembly,  he  must  give  notice  of  his 
intention  to  the  Synod  of  Kentucky. — 1823,  p.  92. 

4.    Failure  of  the  judicatory  to  receive  notice  does  not 
bar  the  appellant. 

This  Assembly  are  of  opinion  that  Mr.  Lowrey  complied  with  the  rule 

of  the  Book  of  Discipline,  respecting  the  notice  given,  in  the  case  of  his 

appeal ;  but  as  this  notice  appears  not  to  have  been  received  by  the  Synod, 

they  were  not  censurable  for  not  sending  up  the  records. — 1824,  p.  115. 

[Note. — In  this  case  the  Assembly  satisfied  itself  that  the  notice  was  sent  within 
the  ten  days  after  the  rising  of  the  judicatory.] 

5.    Leave  to  show  that  notice  has  been  given  to  the  judicatory 

appealed  from. 

On  motion  of  E.  P.  Humphrey,  it  was 

Resolved,  That  the  case  be  referred  to  the  next  General  Assembly,  with 
leave  to  appellants  to  show  them  that  they  gave  the  Synod  notice  for  an 
appeal. — Case  of  Davidson,  Koons,  et  al. — 1859,  p.  540,  O.  S.. 

6.    On  evidence  of  notice  the  case  reinstated. 

No  reasons  accompany  the  complaint,  and  there  is  no  evidence  that 
any  notice  of  complaint  was  given  to  the  Synod.  Complaint  dismissed 
and  leave  given  to  withdraw  papers. — 1865,  p.  542,  O.  S. 

The  next  year  the  complainant  above  came  before  the  Assembly  by 
overture  or  memorial,  when  action  was  taken  as  follows,  viz. : 

Also  Overture  No.  21,  relating  to  an  appeal  of  the  Rev.  L.  R.  Lock- 
wood,  presented  by  his  counsel,  Rev.  James  Remington. 

This  appeal  against  the  Synod  of  Iowa,  for  not  sustaining  his  appeal 
from  the  Presbytery  of  Dubuque,  was  dismissed  by  the  last  Assembly, 
on  the  ground  that  no  reason  accompanied  the  complaint,  and  there  was 
no  evidence  that  any  notice  of  complaint  was  given  to  the  Synod.  Mr. 
Lockwood  now  memorializes  this  Assembly,  and  alleges  that  the  required 
notice  of  appeal  was  given  to  the  Synod,  and  that  he  Avas  then,  and  still 
is,  prevented  from  attending  the  Assembly  during  its  last  and  present 
sessions,  and  he  asks  that  his  appeal  may  be  reinstated,  and  referred  to 
the  next  Assembly  for  trial. 

The  Committee  recommend  that  his  request  be  granted.  He  further 
asks  that  the  Assembly  direct  the  Presbytery  of  Dubuque  to  grant  him 
a  new  trial  on  the  ground  of  new  testimony. 

The  Committee  recommend  that  this  application  be  referred  to  the 
Presbytery  of  Dubuque,  to  the  end  that  if  the  new  testimony  be  found 
of  sufficient  importance  to  justify,  that  Presbytery  may  afford  Mr.  Lock- 
wood  the  relief  he  asks.  But  if,  in  their  judgment,  a  new  trial  ought 
not  to  be  granted,  that  then  the  appeal  shall  stand  for  trial  on  the  record 
as  now  existing,  before  the  next  General  Assembly. 

The  report  was  adopted. — 1866,  p.  72,  O.  S. 

XCVII.  The  appellant  shall  appear  in  person  or  by  counsel  before  the 
judicatory  appealed  to,  on  or  before  the  close  of  the  second  day  of  its 
regular  meeting  next  ensuing  the  date  of  Ihe  filing  of  his  notice  of 
Appeal,  and  shall  lodge  his  Appeal  and  specifications  of  the  errors 
alleged,  with  the  Clerk  of  the  superior  judicatory,  within  the  time 
above  specified.     If  he  fail  to  show  to  the  satisfaction  of  the  judicatory 


732  '  BOOK    OF    DISCIPLINE,    SECT.    97. 

that  he  was  unavoidably  prevented  from  so  doing,  he  shall  be  considered 
as  having  abandoned  his  Appeal,  and  the  judgment  shall  stand. 

[Note. — The  first  clause  applies  equally  to  complaints.    See  Sec.  Ixxxvi,  p.  717.] 

1.    Personal  attendance  of  the  appellant  is  not  necessary. 

Personal  attendance  on  the  superior  judicatory  is  not  essential  to  the 
regular  prosecution  of  an  appeal. — 1822,  p.  53. 

2.    Where  neither  the  appellant  nor  any  one  in  his  behalf  appears 
the  appeal  is  dismissed. 

a.  The  complaint  of  Rev.  Henry  Davis  against  a  decision  of  the 
Synod  of  Utica,  was  taken  up,  and  dismissed  on  the  ground  that  the 
complainant  has  not  appeared  to  prosecute  his  complaint,  nor  any  other 
person  in  his  behalf. — 1834,  p.  454. 

b.  The  complaints  of  Rev.  G.  Duffield  and  W.  R.  de  Witt  were 
dismissed  on  the  ground  that  neither  the  complainants  themselves,  nor 
any  person  on  their  behalf,  are  present  to  prosecute  those  complaints. — 
1835,  p.  490;  1864,  p.  313,  O.  S.  ;  1865,  p.  535,  O.  S. 

C.  The  Committee  reports  two  appeals  of  the  Rev.  John  W.  Ellis, 
D.D.,  from  decisions  of  the  Synod  of  the  Pacific. 

The  Committee  finds  that  the  papers  in  these  cases  are  not  sufficiently 
full  and  explicit  to  warrant  a  judicial  procedure  in  this  body.  And  as 
the  appellant  is  not  present,  in  person  or  by  counsel,  and  there  is  doubt 
whether  the  facts  are  such  as  to  authorize  an  appeal  to  the  General 
Assembly  on  constitutional  grounds,  it  is  recommended  that  the  appeals 
be  not  entertained,  and  that  the  papers  be  returned  to  the  appellant. 
Adopted.— 1892,  p.  214. 

d.  An  appeal  by  H.  H.  Hammond,  E.  H.  Kerr  and  L.  W.  O'  Brien 
against  the  action  of  the  Synod  of  Ohio  in  dismissing  the  appeal  taken 
by  said  parties  from  the  action  of  the  Presbylery  of  Dayton  in  the 
matter  of  said  Hammond,  Kerr  and  O' Brien '^^5.  Rev.  W.  F.  McCauley, 
a  minister  in  said  Presbytery.  Your  Committee  recommends  that  the 
appeal  to  the  General  Assembly  be  dismissed  because  not  in  order,  the 
appellants  not  being  present,  either  in  person  or  by  counsel,  to  prosecute 
their  appeal,  as  required  by  Sec.  xcvii  of  the  Book  of  Discipline. 
Adopted.— 1894,  p.  128. 

e.  Complaint  of  Rev.  Donald  Fletcher  against  the  Synod  of  Iowa 
North  for  its  action  taken  October  7,  1879,  in  the  matter  of  his  com- 
plaint against  the  Presbytery  of  Waterloo.  The  Committee  recommend 
that  this  complaint  be  dismissed,  on  the  ground  of  the  failure  of  the 
complainant  to  appear,  either  in  person  or  by  counsel,  to  prosecute  it. 
Adopted.— 1880,  p.  68. 

f.  Appeal  of  E.  C.  Battel le  vs.  Synod  of  Nebraska — inter  alia — "  That 
no  one  appears  to  prosecute  the  case." — 1896,  p.  84. 

3.    In  the  absence  of  the  appellant  the  judicatory  assigns  counsel. 

a.  The  Judicial  Committee  brought  before  the  Assembly  an  appeal  of 
Mr.  Newton  Hawes  from  a  decision  of  the  Synod  of  Genesee,  affirming  his 
suspension  from  the  ordinances  of  the  Church,  which  suspension  had 
been  determined  by  the  church  of  Warsaw.  Mr.  Hawes  not  being  pres- 
ent. Dr.  Jaueway  and  Mr.  Phillips  were  appointed  to  defend  and  support 
his  appeal. — 1823,  p.  72. 

b.  The  Assembly  took  up  the  complaint  again.st  the  Synod  of  Virginia 


OF   APPEALS.  733 

by  the  Rev.  Samuel  Houston  and  Rev,  Samuel  B.  Wilson,  reported 
by  the  Judicial  Committee.  The  complainants  did  not  appear,  but  a 
written  communication,  containing  the  reasons  of  their  complaint,  was  laid 
before  the  Assembly.  At  the  request  of  the  compJaiuants,  Mr.  Weed 
was  appointed  to  manage  their  cause  in  their  absence. — 1827,  p.  210. 

4.    In  the  failure  of  complainant  to  appear  and  prosecute,  the 
complaint  dismissed  and  defendant  sustained. 

The  Judicia]  Committee  report  the  complaint  of  E.  N.  Sawyer  and 
others  against  the  decision  of  the  Synod  of  Chicago,  in  the  case  of  O.  M. 
Hoagland,  as  being  fallen  from  by  the  failure  of  the  complainants  to 
appear  and  prosecute  their  complaint.  They,  therefore,  recommend  that 
the  complaint  be  dismissed,  and  that  Mr.  Hoagland  be  considered  as 
entitled  to  all  his  former  rights  and  privileges  in  the  church  of  Hope- 
well.—1858,  p.  276,  O.  S. 

5.    Case  continued  on  satisfactory  reasons  g^iven. 

a.  The  Judicial  Committee  reported  an  appeal  by  Mr.  James  Taylor, 
from  a  decision  of  the  Synod  of  Pittsburgh,  and  that  the  communication  of 
Mr.  Taylor  gave  information  that  by  reason  of  ill-health  he  was  unable 
to  attend  to  prosecute  his  appeal  before  the  present  Assembly. 

Resolved,  That  Mr.  Taylor  have  leave  to  prosecute  his  appeal  before 
the  next  General  Assembly. — 1827,  p.  211. 

b.  A  complaint  of  William  M.  Lively  against  a  decision  of  the  Synod 
of  New  York.  Mr,  Lively  being  unable,  through  sickness  in  his  family, 
to  attend  at  this  time  and  prosecute  his  complaint,  the  Committee  recom- 
mend that,  agreeably  to  his  request,  his  complaint  be  referred  to  the  next 
General  Assembly.     This  report  was  adopted. — 1851,  p.  19,  O.  S. 

C.  An  appeal  of  Rev.  M.  Davis,  from  a  decision  of  the  Synod  of 
Memphis,  deposing  him  from  the  office  of  the  holy  ministry.  The 
appellant  being  unable,  by  reason  of  ill  health,  to  attend  the  sessions  of 
the  present  Assembly,  and  desiring,  in  consequence,  the  continuance  of 
his  cause  until  the  next  General  Assembly.  The  report  was  adopted.  — 
1851,  p.  19,  O.  S. 

6.    Dismissed  as  not  lodged  in  time. 

a.  The  Committee  report  that  the  complaint  of  George  P.  Strong  and 
others,  against  the  Presbytery  of  St.  Louis,  was  not  put  into  the  hands 
of  the  Clerk  of  the  Assembly  until  the  third  day  of  its  business,  it  is 
therefore  barred  by  the  rule. 

It  was  dismissed. — 1863,  p.  23,  O.  S. 

b.  Also  complaint  of  Dr.  Alfred  Nevin,  against  the  Synod  of  Phila- 
delphia. The  complaint  did  not  come  into  the  hands  of  the  Moderator 
of  this  Assembly  until  Monday,  the  fourth  day  of  the  sessions.  It  is 
therefore  barred  by  the  rule. 

Dismissed.— 1863,  p.  24,  O.  S. 

C.  The  Judicial  Committee  reported  an  appeal  and  complaint  of  Rev, 
Dr.  John  W.  Martin,  against  the  action  of  the  Presbytery  of  Allegheny 
City,  for  alleged  irregularity  in  dissolving  a  pastoral  relation.  Also  an 
appeal  and  complaint  of  Dr.  Martin,  against  the  Synod  of  Allegheny, 
in  reference  to  its  approval  of  the  minutes  of  the  Presbytery  alleged  to 
be  defective.  Also  an  appeal  from  the  Synod  of  Southern  Iowa,  in  the 
case  of  Robert  Fulton,  with  the  statement,  in  each  of  these  cases,  that 
the  papers  were  not  placed  in  the  hands  of  the  Assembly  within  the 


734  BOOK    OF    DISCIPLINE,   SECT.   97. 

constitutional  time ;  and,  therefore,  they  recommended,  that  the  appellants 
have  leave  to  withdraw  the  papers. 

The  report  was  adopted. — 1870,  p.  106. 

d.  The  Permanent  Clerk  reported  that  a  complaint  had  been,  put  into 
his  hands  this  morning,  the  ninth  day  of  the  session,  from  Mr.  James 
Dickinson,  a  ruling  elder  in  the  church  of  Ripley,  in  the  Presbytery  of 
Buffalo. 

Resolved,  That  inasmuch  as  this  complaint  was  not  presented  within 
the  constitutional  time,  the  Assembly  do  not  receive  it. — 1834,  p.  429; 
see  also  1837,  p.  480. 

e.  A  complaint  of  Erwin  Wheeler  and  A,  Hallstraft,  against  the 
Presbytery  of  Des  Moines,  in  the  case  of  the  Rev.  Fisk  Harmon.  The 
papers  in  this  case  were  not  presented  until  the  fourth  day  of  the  sessions 
of  the  Assembly,  and  they  are  also  imperfect.  The  Committee  recom- 
mend that  the  parties  have  leave  to  withdraw  their  papers.  The  recom- 
mendation was  adopted. — 1872,  p.  51. 

f.  Case  of  Robert  Byers  vs.  the  Synod  of  Illinois  South. 

The  papers  in  this  case  did  not  come  into  the  hands  of  the  Committee 
until  the  fourth  day  of  the  session,  and  after  parties  interested  in  it  had 
left,  having  been  told  that  no  such  papers  had  come  before  us  witliin  the 
time  prescribed  by  the  book,  and  we  report  no  action  in  the  case. 
Adopted.— 1873,  p.  509. 

[Note. — See  also  under  "  Complaints,"  Sec.  Ixxxiv,  p.  715.] 

7.    Right  to  appeal  lost  by  default  of  the  appellant. 

a.  An  appeal  of  John  F.  Severance  from,  and  complaint  of,  a  decision 
of  the  Synod  of  Cleveland  at  their  last  meeting,  at  St.  Clairsville,  O. 
As  the  matter  involved  was  adjudicated  more  than  two  yeax's  ago,  and 
the  complainant  suffered  his  right  of  appeal  to  be  lost  by  default,  and 
cannot  now  reclaim  it,  and  as  he  also  failed  to  appear  and  prosecute  his 
case,  as  required  by  Chap,  vii,  Sec.  iii,  Art.  xi,  of  the  Book  of  Disci- 
pline (Old),  for  which  failure  he  has  made  no  apology  and  given  no 
reasons,  the  Committee  recommended  that  the  case  be  dismissed.  Ap- 
proved.—1879,  p.  589. 

b.  Whereas,  in  Judicial  Case  No.  4,  as  reported  by  the  Judicial 
Committee  of  1878,  and  referred,  by  consent  of  parties,  to  this  Assem- 
bly, being  an  appeal  of  Mrs.  Anna  B.  Harris  from  a  decision  of  the 
Synod  of  Missouri,  no  steps  have  been  taken  by  the  appellant  to  prose- 
cute the  appeal  before  this  Assembly  ;  therefore. 

Resolved,  That  the  case  be  dismissed. — 1879,  p.  618. 

8.    The  appellant  must  furnish  the  necessary  documents. 

a.  The  Judicial  Committee  reported  that  they  had  had  under  their 
consideration  papers  marked  "Benjamin  Bell's  Appeal,"  which  purports 
to  be  an  appeal  from  a  decision  of  the  Synod  of  Geneva;  but  there  has 
been  laid  before  the  Committee  no  copy  of  the  decision  appealed  from, 
no  appeal,  nor  reasons  of  the  appeal,  nor  indeed  anything  but  Mr.  Bell's 
plea,  intended  by  him  to  be  laid  before  the  Assembly ;  wherefore  the 
Committee  requested  to  be  discharged  from  further  consideration  of  this 
case. 

The  request  of  the  Committee  was  granted,  and  they  were  accordingly 
discharged. — 1822,  p.  45. 

b.  The  Judicial  Committee  reported  that  they  had  before  them  an 


OF    APPEALS.  735 

appeal  of  Mr.  Benjamin  Bell,  and  requested  that  they  be  discharged 
from  any  further  consideration  of  this  appeal,  inasmuch  as  Mr.  Bell  has 
presented  no  documents  but  his  plea,  and  no  notice  of  this  appeal  is  to 
be  found  on  the  records  of  the  Synod  of  Geneva;  and  their  request  was 
granted.— 1823,  p.  87. 

9.    Deferred  in  the  absence  of  necessary  documents. 

Mr.  Bourne's  petition  states  a  decision  to  have  passed  against  him  in 
the  Lexington  Presbytery,  which  by  a  supplementary  paper,  he  says, 
was  on  the  27th  of  December  last,  and  contained  a  sentence  of  deposi- 
tion, from  which,  on  the  next  day,  he  gave  notice  to  the  Presbytery  that 
he  claimed  an  appeal  to  the  General  Assembly.  By  his  affidavit,  taken 
before  an  alderman  of  this  city,  he  further  declares,  that  he,  by  the 
permission  of  the  Presbytery,  transcribed  the  minutes  of  their  proceed- 
ings; that  he  afterward  Avrote  in  form  what  he  denominates  an  appeal 
(meaning,  it  is  presumed,  his  causes  of  appeal),  and  transmitted  it  to 
the  Clerk  of  the  Presbytery  with  a  demand  of  the  copy  of  the  records, 
and  of  that  paper;  but  that  he  had  received  a  letter  from  the  Clerk 
refusing  to  remove  them  from  the  post-office.  By  his  petition,  he  asks 
to  prosecute  his  cause  before  the  Assembly,  without  having  first 
brought  his  case  before  the  Synod  of  Virginia;  and  that  if  such 
hearing  cannot  be  granted  him  at  present,  that  the  Assembly  will  assign 
him  a  day.     AVhereupon, 

Resolved,  1.  That  inasmuch  as  the  records  of  the  Lexington  Presby- 
tery, the  names  of  the  parties  to  the  suit,  the  charges  made  before  them 
in  writing  against  Mr.  Bourne,  the  depositions  of  the  witnesses,  and  other 
written  documents,  are  not  before  the  Assembly ;  and  as  every  principle 
of  equity  forbids  a  process  in  the  absence  of  documents  so  essential  to 
its  being  rightly  conducted — prayer  for  a  hearing  at  this  time  cannot  be 
granted.— 1816,  p.  626. 

[Note. — The  appeal  was  taken  up  and  issued. — 1817,  pp.  644,  646.] 

10.    Where  the  appeal  was  in  the  house  in  season,  the  rule  is 
virtually  complied  with. 

The  Chairman  of  the  Judicial  Committee  stated  to  the  Assembly  that  an 
appeal  had  been  put  into  his  hands  from  Duncan  Hamilton  and  his  wife, 
from  a  decision  of  the  Synod  of  Pittsburgh,'  wdiich  appeal  had  not  been 
reported  to  the  Clerk  of  the  house,  and  asked  the  direction  of  the 
Assembly  in  the  case.  On  inquiry,  it  appeared  this  appeal  was  in  the 
house  in  season;  and  the  persons  to  whom  it  was  entrusted  were  not 
aware  of  the  constitutional  rule  requiring  that  it  be  lodged  with  the 
Clerk. 

Resolved,  That,  in  the  opinion  of  the  Assembly,  the  rule  has  virtually 
been  complied  with. — 1830,  p.  302. 

11.   The  rule  interpreted  liberally  where  due  diligence  has  been  used. 

That,  in  examining  the  papers  and  records  in  the  matter  so  referred, 
your  Committee  find  as  follows: 

1.  That  although,  in  bringing  the  case  before  the  General  Assembly, 
there  are  some  mistakes  and  omissions  in  the  required  forms  of  procedure, 
such  has  been  the  good  faith  and  diligence  of  the  complainant  and  such 
would  be  the  manifest  and  irretrievable  injury  he  must  experience  if  his 
complaint  be  dismissed,  that  your  Committee  believe  that,  according  to 
the  spirit  of  our  Book  of  Discipline  (Old),  the  complaint  is  properly 


736  BOOK    OF    DISCIPLINE,    SECT.    97. 

before  this  body.  That,  in  proof  of  the  good  faith  and  diligence  of  the 
complainant,  it  appears,  that  he  was  advised,  by  one  of  the  oldest  mem- 
bers of  the  Synod,  to  lodge  his  complaint  in  the  hands  of  the  Stated 
Clerk;  that,  according  to  the  certifying  of  the  Stated  Clerk,  the  com- 
plaint was  directed  to  him  within  the  time  prescribed  by  the  Book  of 
Discipline ;  and  that  the  Stated  Clerk  of  the  Synod,  when  receiving  the 
notice,  believing  it  to  be  properly  directed,  neither  informed  the  Modera- 
tor of  it,  nor  advised  Mr.  Todd  of  any  mistake  in  its  direction;  but 
informed  other  members  of  the  Synod  of  the  complaint,  and  finally  put 
all  the  documents  into  the  hands  of  the  commission  to  this  Assembly,  to 
place  them  in  due  form  before  it.  Your  Committee  are  also  assured,  that 
Mr.  Todd  wrote  to  the  Stated  Clerk,  two  or  three  days  previous  to  the 
opening  of  the  Assembly,  earnestly  requesting  that  the  papers  might  not 
fail  of  coming  before  the  Assembly;  and,  also,  that  he  expressed  the 
desire  that,  if  his  presence  were  necessary,  he  might  be  notified  of  it  by 
telegram.— 1863,  p.  278,  N.  S. 

12.  In  the  absence  of  records  throug-h  the  non-attendance  of  the 

conimissioner,  the  appeal  received  and  referred. 

The  appeal  of  Rev.  C.  J.  Abbott  against  the  action  of  the  Synod  of 
Missouri.      The  Committee  reported  as  follows: 

The  Committee  are  verbally  informed,  that  this  case  originated  in  the 
Presbytery  of  St.  Louis,  upon  charges  preferred  by  common  fame 
against  the  appellant.  The  charges  were  sustained  in  the  Presbytery, 
and  on  appeal  to  the  Synod  were  also  sustained  by  the  Synod  of  INIissouri. 

The  Committee  were  also  verbally  informed,  that  an  appeal  was  taken 
from  the  action  of  the  Synod,  which  in  due  course  ought  to  have  been 
presented  to  the  last  Assembly ;  that  the  record  was  forwarded  to  the 
city  of  Philadelphia,  but  in  consequence  of  the  absence  from  that  body 
of  the  commissioner  to  whose  care  the  record  was  committed,  it  failed  to 
be  presented ;  and  the  appellant  now  asks  that  his  appeal  may  be  entered, 
and  that  it  be  referred  to  the  next  General  Assembly  for  trial.  Adopted. 
—1862,  p.  608,  O.  S. 

13.  Where  the  appeal  failed  to  be  lodged  in  due   time  through 

mistake  of  the  appellant,  it  was  entered  and  referred. 

The  appeal  of  Rev.  John  Turbitt  from  the  decision  of  the  Synod  of 
Illinois,  by  which  the  action  of  the  Presbytery  of  Peoria,  in  deposing 
the  apj^ellant,  was  affirmed. 

The  Committee  reported  as  follows: 

This  appeal  appears  to  have  been  regularly  taken,  but  was  not  lodged 
with  the  Clerk  of  this  Assembly  before  the  close  of  the  second  day's 
sessions  (see  Discipline  [Ohl],  Chap,  vii.  Sec.  iii.  Sub-sec.  vii).  The 
Committee  have  reason  to  believe  that  the  appellant  was  under  the 
impression  that  the  present  meeting  of  this  Assembly  was  to  be  at  Day- 
ton, in  this  State,  and  by  forwarding  his  papers  to  that  place  they  were 
delayed,  so  that  they  were  not  received  here  until  after  the  end  of  the 
fourth  day's  sessions.  Under  these  circumstances,  the  Committee 
recommend  that  the  appeal  be  docketed.  And  as  it  satisfactorily 
appears  to  the  Committee  that  the  appellant  has  been  providentially  hin- 
dered from  attendance  at  this  session,  they  further  recommend  that  the 
case  be  deferred  to  the  next  Assembly  for  trial. 

The  report  and  recommendation  were  adopted. — 1862,  p.  611,  O.  S. 


OF    APPEALS.  737 

14.    Where  the  case  is  continued  at  the  request  of  the  appellant,  the 
sentence  remains  in  full  force  until  the  case  is  issued. 

The  Judicial  Committee  reported  that  a  paper  had  been  put  into  their 
hands,  purporting  to  be  a  request  from  Mr.  C.  H.  Baldwin,  to  the 
Moderator  of  the  Assembly,  that  his  appeal  from  a  decision  of  the  Synod 
of  Genesee  be  continued  to  the  next  General  Assembly,  and  otfering 
reasons  for  his  failure  to  appear  and  prosecute  it.  It  appears  from  the 
Book  of  Discipline  (Old),  Chap,  vii,  Sec.  iii.  Art.  xi,  that  his  case  is 
regularly  before  us  for  reference  to  the  next  General  Assembly,  if  his 
excuse  for  now  failing  to  appear  shall  be  deemed  sufficient. 

The  Committee  recommend  that  the  Assembly,  in  view  of  the  reasons 
offered,  and  out  of  a  desire  to  grant  the  appellant  every  reasonable 
indulgence,  continue  his  case  agreeably  to  his  request,  it  being  under- 
stood that  the  sentence  of  the  Presbytery  remain  in  full  force  against  him 
till  the  case  be  finally  issued,  in  accordance  with  the  provisions  of  our 
Book  of  Discipline  (Old),  Chap,  vii.  Sec.  iii.  Art.  xv. 

The  report  was  adopted.— 1858,  p.  580,  N.  S. 

15.    Dismissed  in  absence  of  appellant  with  privilege  of  renewal. 

a.  The  appeal  of  Dr.  James  Snodgrass  against  a  decision  of  the  Synod 
of  Pittsburgh  was  called  up,  and  the  appeal  was  dismissed  on  the  ground 
that  the  appellant  has  not  appeared,  either  in  person  or  by  proxy,  to 
prosecute  said  appeal. 

The  Assembly,  however,  give  to  Dr.  Snodgrass  the  privilege  of  prose- 
cuting his  appeal  before  the  next  General  Assembly,  if  he  can  then  show 
sufficient  cause  for  its  further  prosecution. — 1832,  p.  376. 

b.  In  regard  to  a  future  prosecution  of  his  appeal,  the  appellant  must 
present  his  case,  with  reasons  for  previous  failure,  before  the  next  Gen- 
eral Assembly,  whose  province  it  will  then  be  to  decide  upon  the  whole 
subject.— 1850,  p.  468,  O.  S. 

[Note. — Case  of  A.  G.  Fraser.] 

16.  Where  an  appeal  has  been  dismissed  by  error,  the  Assembly  grant 
a  restoration  when  satisfied  of  the  error. 

The  consideration  of  the  report  of  the  Committee  to  which  had  been 
referred  the  Rev.  T.  B.  Craighead's  letter  was  resumed,  and  the  report 
was  adopted,  and  is  as  follows,  viz. : 

In  the  year  1811,  an  appeal  from  a  decision  of  the  Synod  of  Ken- 
tucky, by  T.  B.  Craighead,  accompanied  by  a  letter  from  the  same,  was 
laid  before  the  General  Assembly.  But  Mr.  Craighead  not  appearing  ic 
person  to  prosecute  his  appeal,  permission  was  given  by  the  Assembly, 
on  the  last  day  of  their  sessions,  to  the  members  of  the  Synod  of  Ken- 
tucky, who  were  present,  to  enter  a  protest  against  the  prosecution  of 
the  aforesaid  appeal,  at  any  future  time.  This  was  supposed  to  be 
required  by  a  standing  rule  of  the  Assembly.  The  appeal  of  Mr. 
Craighead  was  therefore  not  heard,  and  the  sentence  of  the  Synod  of 
Kentucky  was  rendered  final. 

It  moreover  appears,  that  the  General  Assembly  of  the  year  aforesaid, 
having  adopted  the  protest  of  the  members  of  the  Synod  of  Kentucky  as 
their  own  act,  did  declare  that  Mr.  Craighead  had  been  deposed,  whereas 
the  decision  of  the  Synod  was  suspension ;  and,  although  the  Synod  did 
direct  the  Presbytery  to  which  Mr.  Craighead  belonged  to  depose  him, 
if  he  did  not,  at  their  next  stated  meeting,  retract  his  errors,  yet  this 
47 


738  BOOK    OF    DISCIPLINE,    SECT.    97-98. 

sentence  could  not  have  been  constitutionally  inflicted,  because  Mr. 
Craighead  appealed  from  the  decision  of  Synod,  the  effect  of  which  was 
to  arrest  all  further  proceedings  in  the  case,  until  the  appeal  should  be 
tried;  therefore  the  sentence  of  the  Assembly  declaring  Mr.  Craighead 
deposed  does  not  accord  with  the  sentence  of  the  Synod,  which  was 
suspension. 

From  the  above  history  of  facts,  your  Committee,  while  they  entirely 
dissent  from  many  of  the  opinions  contained  in  Mr.  Craighead's  letter, 
and  consider  its  publication  before  it  was  presented  to  the  Assembly 
indecorous  and  improper,  are  of  opinion,  that  he  has  just  ground  of  com- 
plaint in  regard  to  the  proceedings  of  the  General  Assembly  of  1811  in  his 
case,  and  that  the  construction  put  on  the  standing  rule  of  the  Assem- 
bly was  not  correct ;  for  personal  attendance  on  the  superior  judicatory  is 
not  essential  to  the  regular  prosecution  of  an  appeal.  Moreover,  the 
sentence  of  the  Assembly,  being  founded  in  error,  ought  to  be  consid- 
ered null  and  void,  and  Mr.  Craighead  ought  to  be  considered  as  placed 
in  the  same  situation  as  before  the  decision  took  place,  and  as  possessing 
the  right  to  prosecute  his  appeal  before  this  judicatory. 

Ordered  that  the  Stated  Clerk  forward  to  Mr.  Craighead  a  copy  of 
the  foregoing  minute. — 1822,  p.  52. 

17.    The  original  rule  as  to  abandonment  of  an  appeal. 

On  motion  Resolved,  That  in  case  of  an  appeal  or  complaint  entered 
in  an  inferior  judicatory  to  a  superior,  if  the  appellant  or  appellants  do 
not  appear  at  the  first  meeting  of  the  superior  judicatory,  protest  may  be 
admitted,  at  the  instance  of  the  respondents,  at  the  last  session  of  such 
meeting,  that  the  appeal  is  fallen  from,  and  the  sentence  so  appealed 
from  shall  be  considered  as  final. — 1791,  p.  39;  see  1791,  p.  45. 

Examples  of  the  operation  of  the  rule. 

a.  The  Committee  to  which  was  referred  the  letter  and  appeal  of  the 
Rev.  Thomas  B.  Craighead  reported  that,  after  having  carefully 
attended  to  the  duty  assigned  them,  they  did  not  discover  any  sufficient 
reason  why  he  has  not  come  forward  to  prosecute  his  appeal  before  the 
Assembly,  nor  why  his  case  should  not  now  be  brought  to  issue ;  and 
therefore  recommend  that  the  representation  from  the  Synod  of  Kentucky 
be  permitted,  if  so  disposed,  to  enter  their  protest  in  proper  time  against 
a  future  prosecution  of  liis  appeal,  and  thus  give  effect  to  a  standing 
order  of  the  General  Assembly,  that  the  sentence  of  the  Synod  be  con- 
sidered as  final. 

Resolved,  That  the  foregoing  report  be  accepted,  and  that  Mr.  Craig- 
head be  furnished  with  an  attested  copy  of  this  decision  in  his  case. 

The  members  of  the  Synod  of  Kentucky  brought  forAvard  their  protest, 
which  being  read,  was  accepted,  and  is  as  follows  : 

The  Rev.  Thomas  B.  Craighead  having  appealed  to  the  General 
Assembly  from  a  decision  of  the  Synod  of  Kentucky,  made  in  the  month 
of  October  last,  by  which  decision  the  said  Synod  directed  the  Presbytery 
of  Transylvania  to  depose  the  said  Thomas  B.  Craighead  from  the  Gos- 
pel ministry,  which  was  done  accordingly,  and  whereas  the  said  Mr. 
Craighead  has  not  prosecuted  his  appeal  to  the  General  Assembly,  and 
the  subscribers,  members  of  the  Synod  of  Kentucky,  have  waited  till 
the  last  day  of  the  sessions  of  the  Assembly,  to  afford  opportunity  for 
the  prosecution  of  said  appeal;  we  do,  therefore,  now  protest  in  our  own 


OF    APPEALS.  739 

name,  and  on  behalf  or  the  Synod  of  Kentucky,  against  the  future  prose- 
cution of  said  appeal,  and  declare  the  sentence  of  the  Synod  final,  agree- 
ably to  a  standing  order  of  the  General  Assembly.  Adopted. — 1811, 
p.  481. 

b.  From  the  records  of  the  Synod  of  Kentucky,  it  appeared  that 
Guernsey  G.  Brown  had  appealed  from  a  decision  of  that  body  in  his 
case  to  the  General  Assembly.  As  Mr.  Brown  has  not  appeared  to  pros- 
ecute his  appeal,  and  the  commissioners  from  the  Synod  of  Kentucky 
required  that  his  absence  may,  according  to  a  rule  of  the  Assembly  on 
the  subject,  preclude  him  from  a  future  hearing ;  therefore. 

Resolved,  That  Guernsey  G.  Brown  be  considered  as  precluded  from 
prosecuting  his  appeal. — 1821,  p.  30. 

C.  The  appeal  of  Benedict  Hobbs  from  a  decision  of  the  Synod  of 
Kentucky  was  taken  up,  and  the  appellant  not  being  present  to  prosecute 
his  appeal,  it  was  dismissed,  and  the  sentence  of  the  inferior  court 
affirmed.— 1834,  p.  452. 

d.  The  appeal  of  Chloe  G.  Giles,  from  a  decision  of  the  Synod 
of  Utica,  was  taken  up,  and  the  appellant  not  being  present  to  prosecute 
her  appeal,  it  was  dismissed,  and  the  sentence  of  the  inferior  court 
affirmed.— 1834,  p.  452. 

e.  An  appeal  of  Mr.  Thomas  Davis  from  a  decision  of  the  Synod  of 
Memphis.  The  Committee  recommended  the  following  action  in  this 
case,  viz. : 

Whereas,  Mr.  Thomas  Davis  has  failed  to  appear  before  this  Assembly 
to  prosecute  his  appeal  from  the  Synod  of  Memphis ;  therefore. 

Resolved,  In  accordance  with  the  rule  of  the  Book  of  Discipline 
(Old),  in  this  case  provided,  that  liis  appeal  be  dismissed  from  the 
further  attention  of  this  body.— 1852,  p.  212,  O.  S. 

XCVIII.  Neither  the  appellant,  nor  the  members  of  the  judicatory 
appealed  from,  shall  sit,  deliberate,  or  vote  in  the  case. 

1.    The  Moderator,  being  a  member  of  the  judicatory  appealed 
from,  will  not  sit. 

a.  Resolved,  That  no  minister  belonging  to  the  Synod  of  Philadelphia, 
nor  elder  who  was  a  member  of  the  judicature  when  the  vote  appealed 
from  took  place,  shall  vote  in  the  decision  thereof  by  this  Assembly. 

The  Moderator,  being  a  member  of  the  Synod  of  Philadelphia,  with- 
drew, and  Dr.  McKnight  took  the  chair. — 1792,  p.  56. 

b.  The  appeal  of  Mr.  Pope  Bushnell  was  resumed.  The  Moderator 
being  a  member  of  the  Synod  appealed  from,  Mr,  Jennings,  the  last 
Moderator  present,  took  the  chair. — 1826,  p.  184. 

C.  Judicial  Case  No.  1  was  taken  up.  The  Moderator  being  a  party 
in  the  case,  vacated  the  chair,  and  on  motion,  Dr.  Krebs  was  requested 
to  act  as  Moderator  during  the  trial  of  the  case. — 1866,  p.  48,  O.  S. 

d.  The  Moderator,  on  the  ground  of  his  being  a  member  of  the  Synod 
complained  of,  voluntarily  relinquished  the  chair,  while  this  case  should 
be  pending. —1852,  p.  164,  K  S. 

2.    An  interested  party  should  not  sit  on  a  trial. 

The  records  of  the  Synod  of  Genesee  were  approved,  with  the  follow- 
ing exception:  Of  a  decision  of  the  Moderator,  recorded  on  p.  151,  that 
a  member  of  a  Synod,  who  might  be  interested  in  a  case  under  trial, 


740  BOOK    OF    DISCIPLINE,   SECT.    98-99. 

cannot  be  challenged;  which  decision  is  unconstitutional,  and  ought  to 
be  reversed  by  that  Synod.  —1846,  p.  20,  N.  S. 

3.  Members  of  the  judicatory  appealed  from  may  not  vote. 

a.  The  Synod  of  Mississippi  acted  unconstitutionally  in  permitting 
the  Presbytery  of  Louisiana  to  vote  on  the  adoption  of  the  report  of 
the  Judicial  Committee  on  the  complaint  of  Rev.  Mr.  Smylie. — 1850, 
p.  481,  O.  S. 

b.  The  action  of  the  Synod  of  Harrisburg  in  the  complaint  of  Ebene- 
zer  Erskine  declared  irregular  and  unconstitutional,  inter  alia,  "  3. 
Because  the  Presbytery  of  Carhsle  was  allowed  to  vote  in  the  case, 
contrary  to  the  Book  of  Discipline  (Old),  Chap,  vii.  Sec.  iv,  Sub -sec. 
vii."— 1874,  p.  74. 

C.  The  Judicial  Commission  presented  its  finding  in  the  judicial  ca.se 
of  Lee  vs.  the  Synod  of  Missouri,  and  the  same  was  ordered  to  be  entered 
on  the  record.     The  report  is  as  follows: 

The  Judicial  Commission,  to  which  was  referred  the  appeal  of  the 
Rev.  William  J.  Lee,  D.D.,  by  his  counsel,  Hon.  Selden  P.  Spencer, 
from  the  action  of  the  Synod  of  Missouri,  in  refusing  to  entertain  the 
appeal  from  the  judgment  of  the  Presbytery  of  St.  Louis,  beg  leave  to 
report : 

That  without  entering  upon  the  merits  of  the  case  as  determined  by 
the  Synod,  we  sustain  the  appeal  upon  grounds  of  irregularities  in  the 
mode  of  procedure ;  first,  in  that  the  members  of  the  Presbytery  of  St. 
Louis  were  permitted  to  vote  on  the  question  of  an  appeal  from  their 
own  judgment,  and,  second,  in  that  no  reason  is  assigned  for  refusing  to 
entertain  the  appeal;  and  the  case  is  hereby  remanded  to  the  Synod  of 
Missouri,  with  an  injunction  that  the  question  of  entertaining  the  appeal 
from  the  judgment  of  the  Presbytery  of  St.  Louis  be  reconsidered  and 
acted  upon  in  a  regular  and  constitutional  manner, — 1897,  p.  95. 

[Note. — Applies  also  to  "  Complaints,"  Sec.  xc,  p.  719.] 

4.  Members  of  a  judicatory   appealed  from  may  speak  on 

postponement. 

Appeal  and  complaint  of  R.  S.  Finley,  etc.,  against  the  Synod  of 
New  Jersey. 

A  motion  Avas  made  by  James  Hoge  to  postpone  the  trial  of  this  cause  to 
the  next  General  Assembly. 

This  motion  was  discussed  at  length,  the  Moderator  deciding,  in  the 
course  of  the  discussion,  that  the  members  of  the  Synod  of  New  Jersey 
might  speak  on  such  a  motion. — 1858,  p.  291,  O.  S. 

5.    An  elder  belonging  to  the  judicatory  appealed  from,  though  not 

a  member  of  the  judicatory  when  the  case  was  issued,  may  not 

sit. 

A  question  was  raised  by  Mr.  Cunningham,  an  elder  from  the  Synod 

of  Philadelphia,  who  was  not  a  member  of  Synod  at  the  meeting  at 

which  the  case  of  Mr.  Barnes  was  tried  and  issued,  whether  he  has  a 

right  to  vote  in  this  case  in  the  Assembly.     After  some  discussion,  the 

Moderator  decided  that   Mr.  Cunningham,  and  any  other  members  of 

the  Assembly  from  that  Synod  similarly  situated,  have  a  right  to  vote  in 

the  Assembly.    From  this  decision  of  the  Moderator  an  appeal  was  taken, 

when,  by  a  vote  of  the  Assembly,  the  decision  of  the  Moderator  was 

not  sustained,   and  it   was  decided   that  Mr.   Cunningham,  and   others 


OF    APPEALS.  741 

similarly  situated,  have  no  right  to  vote  on  the  ease  in  the  Assembly. — 
1836,  reprint,  p.  524. 

6.    Ministers  who  have  been  dismissed  to  other  bodies  before  the 
action  complained  of  are  not  excluded. 

A  motion  was  made  that  Dr.  Skinner  and  Mr.  Dashiell,  who,  at  the 
time  the  trial  was  commenced  in  the  Second  Presbytery  of  Philadelphia, 
were  either  not  dismissed  from  that  body,  or  had  not  yet  connected  them- 
selves with  any  other,  though  they  did  not  meet  with  the  Presbytery,  and 
before  the  meeting  of  Synod  were  members  of  other  Presbyteries, 
should  not  sit  in  judgment  in  the  case  of  Mr.  Barnes.  This  motion  was 
decided  in  the  negative. — 1836,  reprint,  p.  524. 

7.    A  case  is  remanded  where  members  of  the  judicatory  appealed 
from  act  in  their  own  case. 

Cases  of  Mr.  Jefferson  Ramsey  and  Rev.  Andrew  B.  Cross  vs.  the  Synod 
of  Baltimore. 

The  persons  named  appeal  from  a  decision  of  the  Synod,  by  which  a 
complaint  of  Mr.  Ramsey  against  the  Presbytery  of  New  Castle,  and 
one  of  Mr.  Cross  against  the  Presbytery  of  Baltimore,  were  dismissed  as 
having  no  ground,  on  report  of  the  Judicial  Committee  of  the  Synod. 

Your  Committee  learn  from  the  records  of  the  Synod  that  one  clergy- 
man and  one  layman  respectively  from  each  of  these  Presbyteries  were 
members  of  the  Judicial  Committee;  that  the  Moderator  of  the  Synod 
was  a  member  of  the  Presbytery  of  New  Castle,  and  the  Moderator,  pro 
tern.,  who  was  in  the  chair  at  the  time  of  the  action  complained  of,  was  a 
member  of  the  Presbytery  of  Baltimore ;  that  the  case  was  not  stated  in 
any  form  to  the  Synod,  but  when  the  Judicial  Committee  reported,  in 
each  case,  that  there  was  no  ground  of  complaint,  their  report  was  adopted 
under  the  call  for  the  previous  question.  From  all  these  facts,  the  Com- 
mittee are  of  opinion  that  the  cases  should  be  readjudiciated  by  the  Synod 
of  Baltimore,  and  so  recommend  to  the  Assembly.  Adopted. — 1873, 
p.  508. 

XCIX.  When  due  notice  of  an  Appeal  has  been  given,  and  the 
Appeal  and  the  specifications  of  the  errors  alleged  have  been  filed  in  due 
time,  the  Appeal  shall  be  considered  in  order.  The  judgment,  the  notice 
of  Appeal,  the  Appeal,  and  the  specifications  of  the  errors  alleged,  shall  be 
read ;  and  the  judicatory  may  then  determine,  after  hearing  ,the  parties, 
whether  the  Appeal  shall  be  entertained.  If  it  be  entertained,  the  fol- 
lowing order  shall  be  observed : 

( 1 )  The  record  in  the  case,  from  the  beginning,  shall  be  read,  except 
what  may  be  omitted  by  consent. 

(2)  The  parties  shall  be  heard,  the  appellant  opening  and  closing. 

(3)  Opportunity  shall  be  given  to  the  members  of  the  judicatory 
appealed  from  to  be  heard. 

(4)  Opportunity  shall  be  given  to  the  members  of  the  superior  judica- 
tory to  be  heard. 

(5)  The  vote  shall  then  be  separately  taken^  without  debate,  on  each 
specification  of  error  alleged,  the  question  being  taken  in  the  form: 
"  Shall  the  specification  of    error  be  sustained  ?"      If  no  one  of  the 


742  BOOK    OF    DISCIPLINE,    SECT.    99. 

specifications  be  sustained,  and  no  error  be  found  by  the  judicatory  in 
the  record,  the  judgment  of  the  inferior  judicatory  shall  be  afiirmed. 
If  one  or  more  errors  be  found,  the  judicatory  shall  determine,  whether 
the  judgment  of  the  inferior  judicatory  shall  be  reversed  or  modified, 
or  the  case  remanded  for  a  new  trial;  and  the  judgment, 
accompanied  by  a  recital  of  the  error  or  errors  found,  shall  be  entered 
on  the  record.  If  the  judicatory  deem  it  wise,  an  explanatory  minute 
may  be  adopted  which  shall  be  a  part  of  the  record  of  the  case. 

[Note. — Sec.  Ixxxvii  provides  that  "in  cases  of  complaint  involving  a  judicial 
decision,  proceedings  in  an  appellate  judicatory  shall  be  had  in  the  order  and  as 
provided  in  Sec.  xcix,  Chap,  iv,  entitled  "Of  Appeals." 

For  decisions  as  to  due  n(.)tice  of  appeal,  and  the  tiling  of  the  appeal  and  specifica- 
tions in  due  time,  see  under  Sec.  xcvi,  p.  729;  also  under  Sec.  Ixxxiv,  "  OfComplaints," 
p.  714. 

Under  the  former  Book  it  was  held  by  many  that  when  an  appeal  or  complaint  was 
"found  to  be  in  order"  it  must  necessarily  be  tried.  The  Assembly  of  1874,  p.  74, 
decided  "that  the  action  of  the  Synod  of  Harrisburg  in  dismissing  without  trial  the 
comi^laint  of  tlie  Rev.  Ebenezer  Erskine  against  the  Presbytery  of  Carlisle,  is  hereby 
declared  irregular  and  unconstitutional,  for  the  following  reasons:  1.  Because  the 
Synod  dismissed  the  case  without  trial,  after  having  admitted  that  the  papers  were  in 
order." 

On  the  other  hand,  appeals  and  complaints  found  to  be  in  order  have  been  dis- 
missed for  reasons  assigned,  e.  <?.,  case  of  Mr.  Smylie,  1847,  0.  S.,  p.  385  ;  below,  Sec. 
xcix,  3,  1874,  p.  62;  because  the  decision  of  another  case  covered  the  one  presented. 

1878,  p.  117.  The  complaint  of  the  Rev.  Drs.  N.  West  and  Thomas  H.  Skinner 
against  the  Synod  of  Cincinnati  :  The  papers  are  found  in  order,  and  an  order  of  trial 
adopted.  But,  p.  118,  leave  was  given  the  complainants  to  withdraw  their  com- 
plaints, "the  ground  of  said  complaint  having  been  virtually  covered  by  the  report 
of  the  Committee  on  the  Records  of  the  Synod  of  Cincinnati."     See  this  Digest,  p.  707. 

1881,  p.  586.  Complaint  of  the  Rev.  Arthur  Crosby  vs.  the  Synod  of  Long  Island. 
The  Committee  (.Judicial)  find  the  papers  in  order,  but  recommend  that  the  complaint 
be  dismissed,  for  rea.sons  assigned.    See  this  Digest,  pp.  702-703. 

Under  the  present  rule  the  judicatory,  after  hearing  the  parties,  maj'  determine 
whether  the  appeal  shall  be  entertained. — M.] 

XCIX.    When  due  notice  of    an  Appeal   has  been  given,    and  the 

Appeal  and  the  specifications  of  the  errors  alleged  have  been  filed  in  due 

time,   the   Appeal  shall  be    considered  in   order.     The  judgment,    the 

notice   of    Appeal,    the  Appeal,    and    the  specifications  of    the  errors 

alleged,  shall   be   read ;  and  the  judicatory  may  then   determine,  after 

hearing  the  parties,  whether  the  Appeal  shall  be  entertained. 

[Note. — For  convenience,  the  principal  parts  of  Sec.  xcix  are  printed  separately. 
The  entire  Section  is  given  above  on  p.  741.] 

I.    INITIATION  OF  PROCEEDINGS. 

1.    The  appeal  or  complaint  is  transmitted  to  the  Judicial  Committee. 

All  complaints  and  appeals  shall  be  transmitted  by  the  Stated  Clerk  to 
the  Judicial  Committee. — Standing  Order  No.  7,  1897,  p.  263. 

2.  The  Judicial  Committee  and  its  duties. 
In  all  cases  before  a  judicatory,  where  there  is  an  accuser  or  prosecu- 
tor, it  is  expedient  that  there  be  a  Committee  of  the  judicatory  appointed 
(provided  the  number  of  members  be  suflScient  to  admit  it  without 
inconvenience),  who  shall  be  called  the  "  Judicial  Committee,"  and 
whose  duty  it  shall  be  to  digest  and  arrange  all  the  papers,  and  to 
prescribe,  under  the  direction  of  the  judicatoiy,  the  whole  order  of  pro- 
ceedings. The  members  of  this  Committee  shall  be  entitled,  notwith- 
standing their  performance  of  this  duty,  to  sit  and  vote  in  the  cause  as 


OF    APPEALS.  743 

members  of   the  judicatory. — Rules   for  Judicatories,  No.   41,  p.   269^ 
this  Digest. 

3.  In  the  absence  of  records,  the  decision  of  the  appeal  should  be 
suspended.  Parol  evidence  will  not  supply  the  place  of  the 
records. 

In  the  case  of  Samuel  Lowrey  (see  1823,  p.  92)  it  appeared  on 
inquiry  that  neither  the  records  of  the  Synod  of  Ohio  nor  the  records  of 
the  Presbytery  of  Miami  were  brought  to  the  Assembly ;  but  as  the 
delegates  belonging  to  the  Synod  admitted  it  to  be  a  fact,  as  stated  in  Mr. 
Lowrey' s  appeal,  that  the  Presbytery  of  Miami  did  appoint  a  special 
session,  composed  of  elders  belonging  to  different  congregations,  for  the 
purpose  of  trying  Mr.  Lowrey,  and  that  the  decision  of  such  a  special 
session  was  affirmed  by  the  Synod  of  Ohio ;  therefore. 

Resolved,  That  the  appeal  of  Mr.  Lowrey  be  sustained,  and  it  hereby 
is  sustained.— 1823,  p.  92. 

Against  this  decision  the  Synod  of  Ohio  memorialized  the  Assembly, 
and  the  Assembly  inter  alia  declare : 

This  Assembly  are  of  opinion  that  the  correct  mode  of  proceeding  for 
the  last  General  Assembly,  would  have  been,  to  have  suspended  a 
decision  on  the  appeal,  until  the  records  of  the  inferior  judicatories  should 
have  been  present,  because  the  rules  in  our  Form  of  Government 
prescribe,  that  before  a  judgment  is  given,  all  the  proceedings  of  the 
inferior  judicatories  in  the  case  should  be  read  and  it  is  a  sound 
maxim,  generally  admitted  in  courts  of  justice,  that  the  best 
evidence  which  the  case  admits  of  should  be  required,  which,  in  all  trials, 
is  undoubtedly  the  record  of  the  judicatory.  But  while  they  entertain 
this  opinion  of  the  mode  of  proceeding,  they  believe  that  the  decision  of 
the  last  General  Assembly  was  substantially  correct,  and  was  not  differ- 
ent from  what  it  would  have  been  if  they  had  had  all  the  proceedings  of 
the  inferior  judicatories  before  them ;  for  the  fact  on  which  they  founded 
their  judgment  has  been  fully  confirmed  to  this  Assembly,  by  the  records 
which  have  been  read  in  the  discussion  of  the  case. — 1824,  p.  115, 
[Note. — See  under  Book  of  Discipline,  Sec.  xcii,  p.  719.] 

4.    The  appeal  (or  complaint)  found  in  order. 

a.  The  Judicial  Committee  presented  its  report  in  the  case  of  The 
Presbyterian  Church  in  the  U.  S.  A.  vs.  Rev.  Charles  A.  Briggs,  which 
was  accepted,  as  follows: 

The  Judicial  Committee  respectfully  reports  that  it  has  carefully  con- 
sidered the  documents  submitted  to  it  in  this  case,  and  adopted  the  follow- 
ing resolutions: 

1.  That,  in  the  opinion  of  this  Committee,  the  appeal  taken  by  the 
Presbyterian  Church  in  the  United  States  of  America,  an  original  party 
represented  by  the  "  Committee  of  Prosecution,"  appointed  under 
Section  xi  of  the  Book  of  Discipline,  has  been  taken  from  the  final  judg- 
ment of  the  Presbytery  in  dismissing  the  case ;  and  that  the  said  Com- 
mittee had  the  right  to  take  this  appeal  representing  the  said  original 
party. 

2.  That  it  finds  that  the  notice  of  the  appeal  has  been  given,  and  that 
the  appeal,  specifications  of  error,  and  record  have  been  filed  in  accord- 
ance with  Sections  xcvi  and  xcvii  of  the  Book  of  Discipline,  and  the 
appeal  is  in  order. 


744  BOOK    OF    DISCIPLINE,    SECT.    99. 

3.  That  in  the  judgment  of  the  Committee,  the  appeal  should  be 
entertained,  and  a  time  set  apart  for  the  hearing  of  the  case. 

In  view  of  these  considerations,  the  Committee  reports  that  the  appeal 
is  in  order,  and  that  the  General  Assembly  should  proceed  in  accordance 
Avith  the  provisions  of  Section  xcix  of  the  Book  of  Discipline,  by  caus- 
ing the  judgment  appealed  from,  the  notice  of  appeal,  the  appeal,  and 
the  specifications  of  the  errors  alleged,  to  be  read;  then  to  hear  the  appel- 
lant by  the  Committee  of  Prosecution;  then  the  defendant  in  person,  or  by 
his  counsel;  then  the  appellant  by  the  Committee  of  Prosecution  in 
reply,  upon  the  question  "  whether  the  appeal  shall  be  entertained  ?" — 
1892,  p.  90. 

So  much  of  this  report  as  relates  to  the  appeal  being  found  to  be  in 
ordei*,  was  adopted. — 1892,  p.  118. 

b.  The  Judicial  Committee  presented  a  report  in  the  case  of  the  Pres- 
byterian Church  in  the  U.  8,  A.  vs.  the  Rev.  Charles  A.  Briggs,  D.D., 
being  Judicial  Case  No.  1 .     It  was 

Resolved,  That  the  General  Assembly  finds  that  due  notice  of  appeal 
in  this  case  has  been  given,  and  that  the  appeal  and  the  specifications  of 
the  errors  alleged  have  been  filed  in  due  time,  and  that  the  appeal  is  in 
order  in  accordance  with  the  provisions  of  the  Book  of  Discipline. 
Adopted.— 1893,  p.  70. 

C.  The  Judicial  Committee,  in  the  matter  of  Judicial  Case  No.  1, 
begs  leave  to  report: 

In  the  case  of  the  Presbyterian  Church  in  the  United  States  of 
America  against  Rev.  Henry  Preserved  Smith,  D.D,,  being  the  appeal 
to  the  General  Assembly  from  the  decision,  action  and  judgment  of  the 
Synod  of  Ohio,  rendered  October  13,  1893,  we  have  examined  the  papers 
and  conferred  with  the  parties. 

AVe  find  that  the  appellant  is  Rev.  Henry  Preserved  Smith,  D.D., 
and  as  such  appellant  he  ha,s  the  right  to  appeal  to  the  General  Assembly, 
the  case  being  one  of  that  nature  in  which  the  appeal  may  be  taken  to 
the  highest  court  of  the  Church,  and  we  find  that  the  Committee  to  con- 
duct the  prosecution  appointed  by  the  Presbytery  of  Cincinnati,  in  which 
Presbytery  the  case  arose,  has  the  right  to  conduct  the  prosecution,  and 
hence  to  appear  for  the  Presbyterian  Church,  the  appellee  in  this  court. 

The  notice  of  appeal  has  been  timely  and  duly  given,  and  the  appeal 
and  specifications  of  error  alleged  and  the  record  in  the  case  filed,  all  in 
accordance  with  the  provisions  in  the  Book  of  Discipline,  and  said 
appeal  is  found  to  be  in  order. 

In  our  conference  with  both  parties  it  has  been  agreed  by  both  parties 
resj^ectively,  that  the  reading  of  the  record  in  the  case  be  omitted  and 
waived,  except  such  parts  thereof  as  either  party  may  deem  necessary  to 
read  in  person,  and  also  that  their  respective  arguments  on  the  entertain- 
ment of  the  appeal  be  omitted.  The  Committee,  therefore,  recommends 
that  the  appeal  be  entertained.  Any  discussion  on  the  question  whether 
the  appeal  should  be  entertained  will  require  the  opening  of  the  whole 
case,  which  would  require  somewhat  of  a  repetition  of  the  trial  proper. 
The  parties  having  agreed  to  Avaive,  being  heard  on  that  question  before 
the  Assembly,  it  is  understood  that  the  parties  shall  be  at  liberty  to 
argue  the  whole  case  on  the  merits  of  the  question  of  sustaining  the 
appeal,  which  would  include,  naturally,  any  questions,  not  purely  formal 
or  technical,  which  would  arise  on  the  question  of  entertaining  the 
appeal.       This  Avaiver  by  the  parties  of  their  right  to  be  heard  orally 


OF    APPEALS.  745 

before  the  Assembly  on  that  first  question,  is  all  to  this  end,  that  by  the 
Assembly  deciding  at  once  to  entertain  the  appeal,  time  may  be  saved, 
a  double  presentation  of  the  same  statement  of  the  merits  avoided,  and 
no  party  be  prejudiced  or  lose  any  right,  by  going  at  once  to  the  merits 
of  the  main  questions  involved.  The  recommendation  which  we  make 
as  to  time  to  be  allowed  to  the  parties  is  made  after  full  consultation  with 
the  parties.  The  Committee,  therefoi'e,  recommend  the  adoption  of  the 
following: 

Resolved,  1 .  That  the  General  Assembly  finds  that  due  notice  of  the 
appeal  in  the  case  has  been  given,  and  that  the  appeal  and  specification 
of  the  errors  alleged  have  been  filed  in  due  time,  and  that  the  appeal  is 
in  order  in  accordance  with  the  Book  of  Discipline. 

Resolved,  2.  That  after  the  judgment,  notice  of  appeal,  appeal  and 
specifications  of  errors  have  been  read,  the  Assembly  shall  by  its  vote 
determine  whether  the  appeal  shall  be  entertained. 

Resolved,  3.  That  the  General  Assembly  having  first  decided  to  enter- 
tain the  appeal,  the  appellant  shall  have  three  hours  to  present  his  case, 
that  the  appellee  be  allowed  four  hours  to  present  the  case  of  the  appel- 
lee, that  the  appellant  have  one  hour  to  close,  that  one  hour  be  given  to 
the  Synod  of  Ohio,  the  judicatory  appealed  from,  due  regard  being  had 
to  the  hearing  of  both  sides  alternately,  that  the  roll  be  called  to  give  the 
members  of  the  Assembly  an  opportunity  to  be  heard,  not  longer  than 
three  minutes  each,  no  speaker  to  speak  more  than  once  unless  the 
Assembly  shall  otherwise  order,  and  that  thereafter  the  vote  shall  be 
taken  upon  each  specification  of  error  alleged,  the  form  of  the  question 
being:  Shall  this  specification  of  error  be  sustained  ?  Adopted. — 1894, 
pp.  90,  91. 

5.    The  judgment,  notice  of  appeal,  etc.,  read. 

Case  of  Charles  A.   Briggs,  D.  D. : 

The  judgment,  the  notice  of  appeal,  the  appeal,  and  the  specifications 
of  the  errors  alleged  were  read,  as  directed  in  the  Book  of  Discipline, 
Sec.  xcix,  by  the  Stated  Clerk. — 1892,  p.  118. 

[Note.— See  also  case  of  Dr.  C.  A.  Briggs,  1893,  p.  70 ;  of  Dr.  H.  P.  Smith,  1894. 
p.  91 ;  of  Burt  Estes  Howard ;  J.  C.  Salisbury  ;  and  William  P.  Craig,  1896,  p.  48 ;  and 
of  David  R.  Breed,  D.D.,  1896,  p.  84.] 

6.    The  appeal  entertained. 

Case  of  Dr.  Charles  A.  Briggs: 

The  Assembly  determined,  after  hearing  the  judgment,  the  notice  of 
appeal,  the  appeal,  and  the  specifications  of  the  errors  alleged,  that  the 
appeal  shaU  be  entertained. — 1892,  p.  119;  1893,  p.  95. 

[Note— See  also  cases  of  Dr.  H.  P.  Smith,  1894,  p.  91 ;  of  Burt  Estes  Howard  ;  J.  C. 
Salisbury ;  and  W.  P.  Craig,  1896,  p.  48  ;  and  of  David  R.  Breed,  D.D.,  1896,  p.  84.] 

n.    READING   THE    RECORD. 

If  it  be  entertained,  the  following  order  shall  be  observed : 
XCIX.    (1)  The  record  in   the    case,    from  the  beginning,  shall  be 
read,  except  what  may  be  omitted  by  consent. 

1.    Reading  of  the  documents  by  consent  dispensed  with. 

a.  The  Assembly  entered  on  the  consideration  of  the  two  appeals  of 
the   Rev.  Robert  B.  Dobbins,  from  the  decision  of  the  Synod  of  Ken- 


746  BOOK    OF    DISCIPLINE,    SECT.    99   (1). 

tucky,  in  the  cases  of  the  Rev.  William  L.  Maccalla,  and  the  Session  of 
the  Church  of  Augusta.  The  Rev.  Dr.  E.  S.  Ely  appeared  in  behalf 
of  Mr,  Dobbins.  The  parties  were  heard  until  they  declared  themselves 
satisfied  (the  facts  having  been  admitted  ])y  them,  and  the  reading  of  the 
documents  by  consent  dispensed  with).  The  roll  was  then  called,  that 
the  members  of  the  Assembly  might  express  their  opinions  on  the  sul)- 
ject ;  after  which  Drs.  Wylie,  M'  Dowell  and  Lei  and  were  appointed  a 
Committee  to  prepare  a  minute  on  the  subject.  — 1824,  p.  120. 

b.  On  the  questions  of  the  reading  of  the  record  of  the  case,  and  as 
to  what  constituted  said  record,  it  was 

Resolved,  That  the  record  as  certified  by  the  Stated  Clerk  of  the  Pres- 
bytery of  New  York  be  read,  or  agreed  to  be  considered  as  read  by  the 
appellant  and  the  appellee,  and  that  the  parties  be  heard  afterwards 
upon  their  objections  to  the  record  or  any  part  of  the  same,  as  certified, 
without  any  waiver  of  their  rights  as  to  the  said  record  being  made,  by 
their  having  consented  to  the  record  as  certified,  being  read,  or  considered 
as  read.     It  was  also 

Resolved,  That  it  is  the  judgment  of  the  General  Assembly  that  we 
cannot  here  correct  the  records  of  the  Presbytery  of  New  York  in  this 
case,  and  that  having  heard  objections  and  contra-objectious  to  these 
records,  we  refer  the  parties  to  the  Presbytery  of  New  York  as  the  only 
body  having  the  right  and  power  to  hear  objections  and  make  corrections; 
and  that  we  accept  the  written  records  in  this  case ;  and  that  the  ofiicial 
stenographic  report  be  considered  part  of  the  record. 

The  Hon.  Jason  W.  Strevell  gave  notice  that  in  due  time  he  would 
enter  his  protest  against  the  above  decision. 

The  appellant  and  appellee  consented  to  waive  the  reading  of  the 
record  of  the  case,  and  agreed  to  submit  said  consent  in  writing  to-mor- 
row morning.— 1892,  pp.  119-120. 

[Note.— Case  of  Charles  A.  Briggs,  D.D.,  1892.] 

C.  The  Judicial  Committee  presented  a  report  recommending  the 
following  order  m  the  determination  of  the  appeal,  which  has  been 
entertained  by  the  General  Assembly,  in  Judicial  Case  No,  1,  The 
report  was  adopted,  and  is  as  follows: 

Resolved,  1,  That  inasmuch  as  the  reading  of  the  record  in  the  case 
has  been,  by  consent  of  parties,  omitted,  except  such  parts  thereof  as 
they  may  deem  necessary  in  presenting  their  respective  arguments,  the 
parties  shall  at  once  be  heard,  the  appellant  opening  and  closing  the 
case,  four  hours  and  a  half  being  allowed  to  the  appellant  and  seven 
hours  to  the  appellee. 

Resolved,  2.  That  the  members  of  the  judicatory  appealed  from, 
namely,  the  Presbytery  of  New  York,  shall  then  be  heard,  two  hours 
being  allowed  for  this  purpose,  and  ten  minutes  being  granted  to  each 
speaker,  it  being  understood,  however,  that  any  member  shall  have  the 
privilege  of  yielding  his  time  to  another  member. 

Resolved,  3.  That  the  members  of  the  General  Assembly  shall  then  be 
heard  for  two  hours,  speakers  to  be  limited  to  ten  minutes,  according  to 
the  standing  rule. 

[Note. — This  third  resolution  declared  unconstitutional.    Seep.  750.] 

Resolved,  4.   That  thereafter  the  vote  shall  be  taken  upon  each  specifi- 


OF   APPEALS.  747 

cation  of   error  alleged,  the  form  of  the  question  being,    "  Shall  this 
specification  of  error  be  sustained  ?" — 1893,  p.  132. 

[Note. — Case  of  Charles  A.  Briggs,  D.D.,  1893.  See,  also,  cases  of  Burt  Estes  How- 
ard and  of  J.  C.  Salisbury  et  al,  1896,  pp.  132,  133.  Complaint  of  William  P.  Craig, 
1896,  p.  152 ;  complaint  of  David  R.  Breed,  D.D.,  1896,  pp.  90,  91.] 

2.    Certified  copies  distributed  by  consent. 

a.  Appeal  of  the  Rev.  Isaac  M.  See  from  a  decision  of  the  Synod  of 
New  Jersey.     This  is  in  order. 

The  papers  are  present  in  pamphlet  form,  certified  by  the  Stated  Clerk 
of  the  Synod  to  be  correct,  and  accepted  by  the  appellant.  A  copy  of 
this  pamphlet  will  be  furnished  to  each  member  of  the  Assembly,  and 
the  Committee  recommend  that  this  distribution  be  in  place  of  reading 
the  records.     Adopted.— 1878,  p.  22. 

b.  Appeal  of  the  Rev.  John  Miller  from  a  decision  of  the  Synod  of 
New  Jersey.  The  whole  proceedings  of  the  Synod  in  the  case  are  in 
print,  certified  by  the  Stated  Clerk,  and  will  be  distributed  among  the 
members  of  the  Assembly. 

The  Committee  recommend  that  this  distribution  be  in  place  of  the 
reading  of  the  records,  all  parties  having  consented  thereto ;  that  the 
order  of  procedure  in  the  argument  be  as  laid  down  in  the  Book,  the 
appellant  having  the  right  to  close,  but  not  to  introduce  new  matter; 
and  that  the  time  allowed  for  argument  by  the  parties  do  not  exceed  four 
hours,  to  be  divided  equally.     Adopted. — 1878,  p.  28;  also  pp.  32,  53. 

3.    Matters  foreign  to  the  issue  may  by  consent  be  omitted  in  the 

reading. 

a.  Resolved,  That  in  reading  the  minutes  of  Lexington  Presbytery, 
the  names  of  the  voters  in  calling  the  yeas  and  nays  be  omitted,  unless 
called  for  by  one  or  other  of  the  parties  litigant;  and  that  the  proceed- 
ings of  Presbytery,  in  reference  to  other  matters  foreign  to  the  issue 
before  us,  be  also  omitted,  unless  called  for  specially  by  one  of  the 
parties.— 1848,  p.  30,  O.  S. 

b.  The  Assembly  then  proceeded  to  take  up  the  business,  according 
to  the  recommendation  of  the  Judicial  Committee.  After  the  usual 
admonition,  read  from  the  Book,  to  the  members  in  their  judicial  capac- 
ity, the  papers  were  read,  according  to  the  constitutional  order;  and 
after  all  the  papers  presented  by  the  Committee  had  been  read,  a  recess 
was  taken  for  half  an  hour. 

After  the  recess,  George  Howe  moved  that  the  whole  records  of  the 
Presbytery  in  relation  to  the  case  now  before  the  Assembly  be  read. 

This  motion  was  carried,  and  the  minutes  of  the  Presbytery  of  Eliza- 
bethtown  were  accordingly  read,  in  everything  pertaining  to  the  case, 
until  it  was  carried  by  appeal  to  Synod  of  New  Jersey ;  the  Moderator 
deciding  that  any  subsequent  record  should  not  be  read. — 1858,  p.  291, 
O.  S. 

4.    Documents  not  read  may  be  used  in  pleading. 

In  the  appeal  of  Alexander  Frazer,  against  the  Synod  of  Buffalo,  the 
course  required  in  the  Book  for  conducting  appeals  was  then  pursued ; 
and  at  the  third  stage  of  the  proceedings,  a  question  having  arisen  as  to 
the  reading  of  certain  printed  pamphlets  as  a  part  of  the  evidence,  it  was 

Resolved,  That  in  the  judgment  of  the  Assembly  it  is  not  necessary  to 
read  the  pamphlets  in  extenso,  but  counsel  can  make  such  use  of  them 
as  they  see  fit  in  the  course  of  their  argument. — 1859,  p.  542,  O.  S. 


748  BOOK    OF   DISCIPLINE,    SECT.    99  (2-3). 

5.  Reasons  assigned  by  an  appellant  must  be  recorded.  They  must 
be  couched  in  decent  and  respectful  language. 

Overture  from  certain  ministers  and  ruling  elders,  requesting  the 
Assembly  to  decide  whether  the  clause  in  the  Book  of  Discipline  (Old), 
Chap,  vii.  Sec.  iii,  Sub-sec.  viii,  "  and  which  are  on  record,"  requires 
that  these  reasons  are  to  be  spread  on  the  books  of  the  minutes  of  the 
court  appealed  from,  or  whether  they  may  be  considered  as  on  record 
when  simply  on  file.  And  if  said  clause  requires  the  reasons  to  be 
spread  on  the  minutes,  whether  the  judicatory  has  authority  to  require 
that  the  reasons  be  couched  in  decent  and  respectful  language,  and 
contain  no  offensive  reflections  or  insinuations  against  the  judicatory,  as 
in  the  case  of  dissent  and  protest. 

Recommended  that  this  Assembly  decide,  first,  that  the  reasons  must 
be  spread  on  the  minutes;  second,  that  the  question  respecting  the  lan- 
guage be  answered  affirmatively. 

The  recommendation  was  adopted. — 1862,  p.  596,  O.  S. 

III.    HEARING   THE   PARTIES. 
XCIX.    (2)  The  parties  shall  be  heard,   the  appellant  opening  and 
closing. 

1.    Case  remanded  for  new  trial  because  the  original  parties 
had  not  been  heard. 

Complaint  and  appeal  of  the  Presbytery  of  Passaic  against  the  Synod 
of  New  Jersey  [not  entertained  as  an  appeal  because  not  made  by  one 
of  the  original  parties.  See  Discipline  (Old),  Chap,  vii.  Sec.  iii,  Sub- 
sec,  xvii]  continued  as  a  complaint. 

Resolved,  That  the  case  be  returned  to  the  Synod  for  a  new  trial,  if 
a  new  trial  be  required. 

1.  Because  it  appears  from  the  record  of  the  Synod  that  the  original 
parties  in  the  case  were  never  heard  by  them,  the  original  parties,  in  the 
judgment  of  the  Assembly,  being  Mr.  William  B.  Guild  and  the  Com- 
mittee prosecuting  for  common  fame. — 1861,  p.  344,  0.  S. 

2.    Case  issued  and  complaint  sustained  where  no  person  appears 
on  behalf  of  the  respondent. 

The  Assembly  took  up  the  complaint  of  the  minority  of  the  Synod  of 
Kentucky,  against  a  decision  of  the  majority  of  said  Synod,  in  the  case 
of  Mr.  Benedict  H.  Hobbs. 

The  decision  complained  of,  the  complaint  and  the  proceedings  of  the 
several  judicatories  in  the  case  were  read.  The  complainants  were  then 
heard ;  no  persons  appeared  on  the  part  of  the  Synod. 

After  due  consideration,  the  following  resolution  was  adopted,  viz. : 

That  the  complaint  be,  and  it  is  hereby  sustained,  and  the  judgment 
of  the  Synod  is  reversed. — 1831,  p.  342. 

3.    Time  limit  for  hearing. 

The  parties  shall  be  heard,  the  appellants  opening  and  closing  the  case, 
four  and  a  half  hours  being  allowed  to  the  appellants,  and  seven  hours 
to  the  appellee. — 1893,  p.  132. 

4.  Case  of  Charles  A.  Briggs,  D.D.,  1892. 
George  W.  F.  Birch,  D.D.,  opened  on  behalf  of  the  aj^pellant,  and 
was  followed  by  the  appellee,  the  Rev.  Charles  A.  Briggs,  D.D.,  who 


OF    APPEALS.  749 

continued  his  argument  until  lie  had   finished. — 1892,  p.  119,  and  p. 
126. 

The  Rev.  Joseph  J.  Lampe  followed  on  behalf  of  the  appellants. 
After  he  had  concluded,  Elder  Johu  J.  McCook  took  the  floor :  and  the 
appellants  rested  their  case. — 1892,  p.  140. 

5.    Case  of  Charles  A.  Briggs,  D.D.,  1893. 

The  Assembly  proceeded  to  hear  the  parties.  The  Rev.  George  W. 
F.  Birch,  D.D. ,  Chairman  of  the  Committee  of  Prosecution,  opened  on 
behalf  of  the  appellants. — 1893,  p.  84. 

The  Rev.  Charles  A.  Briggs,  D.D.,  was  then  heard  in  response. — 
1893,  pp.  84,  93. 

Elder  John  J.  McCook  continued  his  argument  in  behalf  of  the  api)el- 
lants  until  he  had  concluded. — 1893,  p.  93. 

6.    Case  of  Henry  Preserved  Smith,  D.D.,  1894. 

The  Rev.  Henry  Preserved  Smith,  D.D.,  the  appellant,  addressed  the 
Assembly  in  his  own  behalf. — 1894,  pp.  91,  92. 

The  Rev.  William  McKibben,  D.  D. ,  Chairman  of  the  Committee  of 
Prosecution,  addressed  the  court  in  behalf  of  the  appellee. — 1894,  p.  92. 

The  appellant,  the  Rev.  Henry  P.  Smith,  D.D.,  addressed  the  court 
in  his  closing  argument. — 1894,  p.  93. 

[Note.— See  also  cases  of  Burt  Estes  Howard,  1896,  d.  132 ;  of  J.  C.  Salisbury  et  al., 
1896,  p.  133 ;  of  David  R.  Breed,  D.D.,  1896,  p.  85 ;  and  of  William  R.  Craig,  1896,  p.  152.] 

IV.    HEARING  MEMBERS  OP  THE  JUDICATORY  APPEALED  FROM. 
XCIX.    (3)  Opportunity  shall  be  given  to  the  members  of  the  judi- 
catory appealed  from  to  be  heard. 

1.   Interpretation  and  application  of  Section  xcix. 

a.  On  the  question  of  the  interpretation  and  application  of  Book  of 
Discipline,  Sec.  xcix,  3,  it  was 

Resolved,  That  the  members  of  the  Presbytery  of  New  York,  present, 
whether  they  are  commissioners  or  not,  be  heard. 

The  me  misers  of  the  judicatory  appealed  from  were  heard.  The  Mod- 
erator decided  that  such  of  the  members  of  the  Presbytery  of  New  York 
as  are  appellants  had  been  heard. — 1892,  p.  140. 

b.  It  was  Resolved,  That  in  the  action  taken  by  the  General  Assembly 
in  the  judicial  case  of  the  Rev.  Charles  A.  Briggs,  D.D.,  granting  a 
hearing  to  members  of  the  New  York  Presbytery,  whether  they  were 
commissioners  or  not,  this  General  Assembly  did  not  intend  to  decide  the 
constitutional  point  as  to  the  right  of  all  the  members  of  an  inferior 
judicatory  to  be  heard,  and  the  said  action  is  not  to  be  pleaded  as  a 
precedent  on  the  one  side  or  the  other  of  this  question  of  constitutional 
interpretation. — 1892,  p.  151. 

C.  The  Moderator  stated  that  Rule  xxix  of  the  Rules  for  Judicatories 
would  be  observed  so  far  as  possible,  and  the  floor  given  alternately  to 
the  speakers  on  opposite  sides  of  the  question. — 1893,  p.  94. 

d.  Resolved,  That  the  members  of  the  judicatory  appealed  from, 
namely,  the  Presbytery  of  New  York,  shall  then  be  heard,  two  hours 
being  allowed  for  this  purpose,  and  ten  minutes  being  granted  to  each 
speaker;  it  being  understood,  however,  that  any  member  shall  have  the 
privilege  of  yielding  his  time  to  another  member. — 1893,  p,  132, 

Note. — Case  of  Charles  A.  Briggs.  D.D.] 


750  BOOK    OF    DISCIPLINE,    SECT.    99   (4-5). 

e.  The  members  of  the  court  appealed  from,  viz.,  the  Synod  of  Ohio, 
were  heard. — 1894,  p,  93. 
[Note.— Case  of  Henry  P.  Smith,  D.D.] 

V.    HEARING  MEMBERS  OF  THE  SUPERIOR  JUDICATORY. 

XCIX.  (4)  Opportunity  shall  be  given  to  the  members  of  the  supe- 
rior judicatory  to  be  heard. 

1.    Limitation  of  time  of  speakers. 

a.  Resolved,  1.  That  after  the  parties  in  this  case  shall  have  been  heard 
the  speeches  of  the  members  of  the  judicatory  appealed  from  be  limited 
to  five  minutes  each. 

Resolved,  2.  That  the  same  time  limit  be  applied  to  the  speeches  of 
the  members  of  the  appellate  judicatory,  and  that  the  time  allowed  for 
the  speeches  of  members  of  the  Assembly  be  confined  to  the  period  of 
one  hour. 

Resolved,  3.  That  the  Assembly  proceed,  immediately  after  the  mem- 
bers of  the  appellate  judicatory  shall  have  been  heard,  to  vote  upon  the 
charges  and  specifications  now  pending  before  us. — 1892,  p.  139. 

[Note. — Case  of  Charles  A.  Briggs,  D.D.] 

b.  The  members  of  the  superior  judicatory  were  heard. — 1892,  p. 
140. 

2.    Constitutional  right  to  be  heard  cannot  be  destroyed,  though 
time  limit  may  be  set.    Speeches  by  roll-call. 

a.  On  the  question  as  to  the  time  to  be  allowed  members  of  the 
Assembly,  the  Moderator  decided  that  the  court  could  not  by  a  simple 
resolution  destroy  the  constitutional  right  of  any  commissioner  to  be 
heard  upon  a  judicial  case,  but  that  the  court  could  limit  the  time  for 
each  speaker.     It  was  then 

Resolved,  That  the  roll  of  the  members  of  the  court  be  called,  in 
order  that  ' '  opportunity  shall  be  given  to  the  members  of  the  superior 
judicatory  to  be  heard."     It  was  also 

Resolved,  That  the  time  of  each  member  be  limited  to  three  minutes. 
The  roll  was  then  duly  called,  until  it  was  concluded. — 1893,  p.  139. 

[Note. — Case  of  Dr.  Briggs.] 

b.  The  roll  of  the  court  was  called,  to  give  its  members  opportunity 
to  express  their  opinions.  The  calling  of  the  roll  was  continued  .... 
until  the  names  of  all  the  members  had  been  called. — 1894,  pp.  94-96. 

[Note.— Case  of  Dr.  H.  P.  Smith.] 

VI.    TAKING   THE   VOTE. 

XCIX.    (5)  The  vote  shall  then  be  separately  taken,  without  debate, 
on  each  specification  of  error  alleged,   the  question  being  taken  in  the 
form:  ''  Shall  the  specification  of  error  be  sustained  ?" 
1.    The  final  vote  must  be  taken. 

Inasmuch  as  the  Synod  of  Indiana  did  not  take  an  express  vote  on 
sustaining  the  appeal  of  Mr.  Harney,  and  the  sentence  on  record  is 
vague  and  inconsistent  with  itself,  that  the  whole  case  be  remitted  to  the 
said  Synod,  with  an  injunction  to  them  to  reconsider  the  case,  and  pass  a 
definite,  precise  and  just  sentence. — 1837,  p.  480. 


OF   APPEALS.  751 

2.    It  is  taken  separately  on  each  charge. 

The  business  left  unfinished  yesterday  was  resumed,  viz.,  the  trial  of 
Mr.  Bourne's  appeal  from  the  decision  of  the  Presbytery  of  Lexington, 
by  which  Mr.  Bourne  was  deposed  from  the  Gospel  ministry,  and  the 
following  resolution  was  adopted,  viz.  : 

Resolved,  That  the  appeal  of  Mr.  Bourne  be  dismissed,  and  that  the 
decision  of  the  Presbytery  of  Lexington,  declaring  him  deposed  from 
the  Gospel  ministry,  be  and  it  is  hereby  confirmed,  on  the  first,  second, 
third,  fifth  and  sixth  charges. 

The  vote  was  taken  separately  on  each  of  these  charges,  and  was 
declared  in  the  affirmative. — 1818,  p.  682. 

3.    The  final  vote  taken  and  the  appeal  sustained. 

a.  The  steps  prescribed  by  the  Book  of  Discipline,  Chap,  ix,  Sec. 
xcix,  Sub-sees.  1,  2,  3  and  4,  having  been  taken,  the  Assembly  pro- 
ceeded to  vote,  in  accordance  with  Sub-sec.  5,  upon  the  specifications  of 
error,  when  it  appeared : 

That  Specifications  1,  2,  3,  4,  5,  6,  7,  8  and  9  of  the  first  ground  of 
appeal  were  sustained; 

That  Specifications  1  and  2  of  the  second  ground  of  appeal  were 
sustained ; 

That  Specification  1  of  the  third  ground  of  appeal  was  sustained; 

That  Specifications  1  and  2  of  the  fourth  ground  of  appeal  were 
sustained ; 

That  Specifications  1,  2,  3  and  4  of  the  fifth  ground  of  appeal  were 
sustained;  and 

That  Specifications  1,  2,  3,  4,  5,  6  and  7  of  the  sixth  ground  of 
appeal  were  sustained. 

The  question  was  then  put,  "  Shall  the  appeal  be  sustained  ?"  Upon 
which  the  yeas  and  nays  were  ordered,  and  the  vote  was,  to  sustain  as  a 
whole,  307;  to  sustain  in  part,  124,  and  not  to  sustain,  87,  or,  to  sustain 
the  appeal,  431,  not  to  sustain,  87. — 1892,  pp.  140,  141. 

[Note. — Case  of  Dr.  Briggs.] 

b.  The  vote  was  then  taken  on  each  specification  of  error  alleged  in 
the  appeal  in  said  Judicial  Case  No.  1,  the  question  on  each  being, 
"  Shall  this  specification  of  error  be  sustained  ?" 

The  result  of  the  vote  was  as  follows: 

Under  the  first  ground  of  appeal,  viz.  Irregularity  in  the  proceedings 
of  said  Presbytery  of  New  York,  Specifications  1,  2,  3,  4,  5,  6,  7,  8, 
9,  10,  11  and  12  were  sustained. 

Under  the  second  ground  of  appeal,  viz. :  Receiving  improper  testi- 
mony. Specifications  1,  2  and  3  were  sustained. 

Under  the  third  ground  of  appeal,  viz. :  Declining  to  receive  impor- 
tant testimony.  Specifications  1  and  2  were  sustained. 

Under  the  fourth  ground  of  appeal,  viz. :  Manifestation  of  prejudice 
iu  the  conduct  of  the  case.  Specifications  1  and  5  were  not  sustained. 
Specifications  2,  3,  4  and  6  were  sustained. 

Under  the  fifth  ground  of  appeal,  viz. :  Mistake  or  injustice  in  the 
decision.  Specifications  1,  2,  3,  4,  5,  6,  7,  8,  9,  10  and  11  were  sus- 
tained. 

The  question  was  then  put,  "  Shall  the  appeal  be  sustained  ?"  upon 
which  the  yeas  and  nays  were  called,  and  ordered  to  be  recorded.     The 


752  BOOK    OF    DISCIPLINE,    SECT.    99  (5). 

vote  was.  to  sustain  as  a  whole,  295 ;  to  sustain  in  part,  84 ;  not  to  sus- 
tain, 116,  or,  to  sustain  the  appeal,  379;  not  to  sustain,  116. — 1893, 
p.  140. 

[Note. — Case  of  Dr.  Briggs.] 

C.  The  court  proceeded  to  vote  upon  the  sj^ecifications  of  err  or  alleged  by 
the  appellant,  the  (question  in  each  case  being:  "  Shall  the  specification 
of  error  be  sustained  ?" 

The  first  ground  of  appeal  was  read,  and  the  vote  was  taken  thereon, 
and  a  division  being  called  for,  the  result  was  announced  as  follows: 

To  sustain,  62 ;  not  to  sustain,  403.  So  the  first  s}>ecification  of  error 
was  not  sustained. 

Each  of  the  other  grounds  of  appeal  was  read,  the  vote  upon  each 
ground  being  taken  separately,  and  the  Moderator  announced  in  each 
case  that  the  specification  of  error  was  not  sustained. 

All  the  specifications  of  error  having  been  voted  upon  and  not  sus- 
tained, the  roll  was  then  called  upon  the  question,  ' '  Shall  the  appeal  be 
sustained  ?"  and  the  yeas  and  nays  were  ordered  to  be  recorded. — 1894, 
pp.  96,  97. 

[Note.— Case  of  Dr.  H.  P.  Smith.] 

VII.    CASE  SUBMITTED  TO  A  JUDICIAL  COMMISSION. 

1.    The  Judicial  Coniniittee  appointed  such  commission. 

The  Judicial  Committee  reported  on  Judicial  Cases  Nos.  5,  6  and  7, 
as  follows: 

Judicial  Case  No.  5. — The  Presbyterian  Church  in  the  United  States 
of  America  vs.  Rev.  Burt  Estes  Howard,  being  an  appeal  from  the 
Synod  of  California.  The  Committee  find  that  due  notice  of  appeal  has 
been  given,  that  the  specifications  of  the  errors  alleged  have  been  filed 
in  due  time,  and  that  the  appeal  should  be  entertained.  The  appellant 
and  appellee  consenting  thereto,  the  Committee,  in  view  of  such  consent 
already  given,  recommends  that  the  case  be  submitted  to  a  Judicial 
Commission  to  be  appointed  by  this  Assembly. 

Judicial  Case  No.  6.—  The  Presbyterian  Church  in  the  United  States 
of  America  vs.  Ruling  Eldere  J.  C.  Salisbury  et  al.,  being  an  appeal  from 
the  SjTiod  of  California.  The  Committee  makes  the  same  report,  find- 
ings and  recommendations  as  in  Case  No.  5,  wherein  the  appellant  is  the 
same  as  in  this  case,  and  the  appellee  is  Burt  Estes  Howard. 

Judicial  Case  No.  7. — The  complaint  of  the  Rev.  William  P.  Craig 
vs.  the  Synod  of  California.  The  Committee  makes  report  that  the  same 
is  in  order,  and  by  desire  and  consent  of  paities  recommends  that  the 
same  be  submitted,  along  with  Cases  Nos.  5  and  6,  to  the  Judicial  Com- 
mission to  be  appointed  to  try  the  said  causes.  The  recommendations 
were  adopted,  and  by  formal  resolution  the  Judicial  Committee  was 
appointed  the  Judicial  Commission  to  try  Judicial  Cases  Nos.  5,  6  and  7. 
—1896,  p.  48. 

2.    Report  of  the  Judicial  Commission. 

The  Judicial  Committee,  sitting  as  a  Judicial  Commission,  reported  on 
Judicial  Cases  Nos.  5  and  6,  submitting  three  questions  of  constitutional 
law,  viz.,  1,  2  and  3,  which  were  answered  in  the  affirmative,  and  are  as 
follows:— 1896,  p.  131. 

[Note. — See  Book  of  Discipline,  Sec.  cxix.] 


OF   APPEALS,  753 

3.    Findings  of  the  Judicial  Commission. 

a.  The  Judicial  Commission  then  submitted  the  findings  in  Judicial 
Cases  Nos.  5  and  6,  together  with  an  explanatory  minute,  both  of  which 
were  ordered  to  be  placed  upon  record,  and  are  as  follows: 

The  Presbyterian  Church  in  the  U.  S.  A. ,  by  Wilham  R.  Henderson, 
William  P.  Craig  and  E.  Edgar  Galbreath,  its  Prosecuting  Committee, 
appellant,  vs.  Rev.  Burt  Estes  Howax'd,  appellee. 

Judicial  Case  No.  6,  on  appeal  from  the  Synod  of  California. 

This  appeal  being  regularly  issued  and  coming  on  to  be  heard  on  the 
judgment,  the  notice  of  appeal  and  the  specifications  of  errors  alleged 
and  the  record  in  the  case  from  the  beginning  and  the  reading  of  so 
much  of  said  record  as  was  not  read,  having  been  omitted  by  consent, 
and  the  parties  hereto  having  been  heard  before  the  judicatory  in  argu- 
ment, and  opportunity  having  been  given  to  the  members  of  the  judica- 
tory appealed  from  to  be  heard,  they  having  been  heard,  and  opportunity 
having  been  given  to  the  members  of  this  judicatory  to  be  heard,  and 
they  having  been  heard  as  provided  by  the  Book  of  Discipline,  and  this 
Judicial  Commission  of  the  General  Assembly  sitting  as  a  judicatory  in 
such  case  on  appeal,  having  sustained  the  following  specifications  of 
error,  to  wit:  "  all  of  said  specifications  save  and  except  the  first  and 
second  specification  under  the  first  ground  of  appeal,"  to  wit:  "  irregu- 
larity in  the  proceedings,"  and  all  of  the  specifications  under  the  second 
ground  of  appeal,  to  wit:  "  manifestations  of  prejudice  in  the  conduct 
of  the  case, "  Avhich  were  not  sustained,  on  consideration  whereof  this 
judicatory  finds  said  appeal  should  be  and  is  hereby  sustained,  and  that 
said  Synod  of  California,  the  judicatory  appealed  from,  erred  in  not 
sustaining  on  the  law  and  the  evidence  the  charges  and  the  judgment  in 
this  case  in  the  Presbytery  of  Los  Angeles,  and  that  said  final  judgment 
of  the  Synod  of  California  is  erroneous,  and  should  be  and  is  hereby 
reversed,  and  said  Synod  is  directed  to  afiirm  the  judgment  of  the  Pres- 
bytery of  Los  Angeles,  and  this  case  is  remanded  to  the  Synod  of  Cali- 
fornia to  carry  this  judgment  into  execution,  and  it  is  forther  ordered 
that  the  Stated  Clerk  of  this  General  Assembly  transmit  a  certified  copy 
of  the  judgment  in  this  case  to  the  Stated  Clerk  of  the  Synod  of  Cali- 
fornia to  be  made  a  part  of  the  record  in  this  case. — 1896,  pp.  131,  132. 

b.  The  Presbyterian  Church  in  the  U.  S.  A.,  appellant,  vs.  Ruling 
Elders  J.  C.  Salisbury,  J.  K.  Hoffinan,  H.  G.  Wylie,  H.  N.  Avery 
and  H.  T.  Gordon,  constituting  the  Session  of  Westminster  Presbyterian 
church,  of  Los  Angeles,  appellee. 

Judicial  Case  No.  6,  on  appeal  from  the  Synod  of  California. — 1896, 
pp.  132,  133. 

[Note. — See  the  findings  under  Judicial  Case  No.  5,  above,  in  precisely  the  same 
words.] 

C.  Explanatory  Minute. — The  Judicial  Commission,  the  judicatory  in 
the  above  cases,  deems  it  wise  to  submit  the  following  explanatory  minute 
to  be  adopted  as  a  part  of  the  record  in  each  of  said  cases. 

These  cases  arise  out  of  the  action  of  the  Presbytery  of  Los  Angeles, 
Cal.,  in  dividing  the  First  Presbyterian  church  of  the  city  of  that  name. 

In  the  matter  of  a  power  of  a  Presbytery  under  the  Constitution  of 

our  Church  to  divide  a  congregation  and  the  effect  of  such  a  division 

on  the  ecclesiastical  body  known  as  the  congregation,   as  distinguished 

from  the  civil   corporation  known  as  the  Board  of  Trustees  holding  legal 

48 


754  BOOK    OF    DISCIPLINE,    SECT.    99   (5). 

title  to  the  property  for  the  use  of  the  congregation  which  is  the  eccle- 
siastical body: 

We  hold : 

The  Presbytery  has  the  sole  and  exclusive  power  to  divide  a  congrega- 
tion under  and  subject  to  the  provisions  of  the  Constitution,  and  its 
action  in  so  dividing  the  congregation,  the  ecclesiastical  body,  is  final 
unless  complaint  or  appeal  is  duly  taken  to  the  superior  judicatories. 

No  such  complaint  or  appeal  was  taken  from  the  action  of  the  Presby- 
tery of  Los  Angeles  in  dividing  the  First  church  of  the  city  of  that 
name,  which  included  the  assigning  of  the  pastor,  Rev.  Burt  Estes 
Howard,  to  the  Westminster  church  and  also  the  Session  of  said  First 
church  to  the  same  church.  The  division  of  the  ecclesiastical  body 
known  as  the  congregation  of  the  First  church  did  not  dissolve  the  civil 
corporation  holding  the  legal  title  to  the  property  for  the  use  of  said 
ecclesiastical  body,  nor  could  it  do  that  which  could  only  be  done  by  the 
civil  power  which  created  the  civil  corporation,  pursuant  to  the  manner 
prescribed  by  such  civil  power.  No  act  of  the  civil  corporation  or  civil 
power  could  or  did  affect  the  ecclesiastical  body  or  congregation.  Over 
it  they  had  no  power  or  jurisdiction,  and  could  neither  create,  divide 
nor  dissolve  it.  The  membership  of  the  ecclesiastical  body  or  congrega- 
tion was  created  by  and  as  such  is  exclusively  within  the  jurisdiction  of 
the  judicatories  of  the  Church,  under  its  Constitution,  and  all  lawful 
orders  or  decrees  affecting  said  ecclesiastical  organization  or  congregation 
made  by  any  of  the  said  judicatories  acting  as  such  under  the  Constitution 
should  be  implicitly  obeyed  by  each  and  every  member  of  said  ecclesias- 
tical body  or  congregation  and  every  pastor  and  Session,  so  long  as  the 
same  remain  in  full  force  and  effect  and  not  reversed.  Obedience  to 
lawful  authority  is  fundamental  and  essential  to  the  maintenance  and 
prosperity  of  our  beloved  Church.  Our  Constitution  pi'ovides  ample 
remedies  and  procedure  for  determining  the  lawfulness  of  all  authority 
exercised  thereunder,  and  until  the  same  is  set  aside  or  reversed  pursuant 
to  the  Constitution,  it  is  in  full  force  and  effect  and  merits  the  obedience 
of  all  subject  thereto.  Consistent  with  this  obedience,  and  without  miti- 
gating its  force,  but  rather  to  make  it  more  effective,  is  due  consideration 
in  the  exercise  of  the  largest  charity  consistent  with  righteousness  in  all 
cases  of  contumacy  of  conduct  which  involve  disobedience  to  the  orders 
and  decrees  of  the  various  judicatories  of  our  Church,  of  all  the  circum- 
stances controlling  all  of  the  parties  charged  with  the  disobedience  and 
all  of  the  interests  of  the  Church,  local  or  at  large,  affected  by  the  result 
of  the  case.  It  is  to  be  assumed  that  the  various  judicatories  of  our 
Church,  in  the  lawful  exercise  of  the  powers  vested  in  them  by  the 
Constitution,  whether  it  be  in  the  case  of  a  Presbytery  dividing  a  con- 
gregation or  otherwise,  will  not  act  arbitrarily,  but  with  the  fullest  con- 
sideration and  in  the  earnest  purpose  to  secure  under  the  guidance  of  the 
Holy  Spirit  the  peace  and  purity  of  our  beloved  Church.  The  parties 
thus  charged  with  contumacy,  if  found  guilty  by  the  court  of  original 
jurisdiction,  have  the  right  of  revaew  of  its  action  by  the  superior  judica- 
tories under  our  Constitution,  and  until  the  questions  have  been  finally 
adjudicated  they  may  sincerely  and  conscientiously  believe  that  their 
conduct  is  not  contumacious,  however  mistaken  they  may  be  as  to  its 
character. 

In  the  event  that  the  superior  judicatory  finds  them  guilty  of  the 
offence  and  affirms  the  judgment  of  the  lower  judicatory,  in  order  to 


OF    APPEALS.  755 

further  proceedings  therein  by  said  lower  judicatory,  the  parties  thus 
under  its  jurisdiction  should  in  all  proper  cases  be  fully  and  kindly 
advised  of  the  final  action  of  the  superior  judicatory,  its  purpose  and 
effect,  and  an  opportunity  oflTered  the  parties  thus  charged  to  reconsider 
their  conduct  in  order  to  render  obedience  to  the  final  decision  in  their 
case.  All  of  this  in  order  to  secure  and  maintain  the  peace  and  purity 
of  the  Church. 

In  view  of  this  we  submit  that  in  these  cases  the  Presbytery  of  Los 
Angeles  should  fully  and  kindly  advise  the  appellees  of  the  action  of  the 
General  Assembly  in  their  cases,  and  request  them  to  reconsider  the  posi- 
tion taken  by  them  with  reference  to  the  action  of  the  Presbytery  and 
the  subject  matter  of  their  cases,  which  position  and  conduct  is  declared 
by  them  to  be  the  result  of  their  sincere  belief  that  they  were  serving 
the  best  interests  of  the  church  in  their  care,  as  well  as  the  interests 
of  the  Church  in  the  Presbytery  of  Los  Angeles  and  the  Synod 
of  California,  and  Presbytery  is  further  recommended  that  in  the 
event  that  the  appellees  in  these  cases  express  their  purpose  to  now 
recognize  and  obey  the  action  of  the  Presbytery  in  their  cases  pursuant 
to  the  decision  of  the  General  Assembly,  the  sentence  be  removed,  and 
that  they  and  each  of  them  be  restored  to  the  full  exercise  and  enjoyment 
of  their  offices  in  the  church,  and  we  earnestly  express  the  hope  that 
these  appellees  will  so  express  themselves  and  obey  the  orders  of  the 
General  Assembly  and  the  Presbytery  pursuant  thereto,  and  that  in  so 
doing  the  churches  of  the  Presbytery  of  Los  Angeles  and  the  Synod  of 
California  will  have  rest,  and  be  edified  ;  and  walking  in  the  fear  of  the 
Lord,  and  the  comfort  of  the  Holy  Ghost,  be  multiplied,  (Acts  ix.  31.) 
By  order  of  the  Judicial  Commission, 

F.  C.  MoNFORT,  Chairman. 

The  Stated  Clerk  was  directed  to  transmit  certified  copies  of  the  action 
of  the  Commission  to  the  Synod  of  California. — 1896,  pp.  133-135. 

4.    Case  of  WiUiam  P.  Craig-,  Complainant,  vs.  the  Synod 
of  California. 

The  Commission  presented  the  findings  on  Judicial  Case  No.  7,  which 
were  ordered  to  be  placed  on  record,  and  are  as  follows: 

The  Judicial  Commission  appointed  by  the  General  Assembly  of  the 
Presbyterian  Church  in  the  United  States  of  America,  to  try  Judicial 
Case  No.  7,  reports  for  record  its  final  judgment  as  follows : 

Rev.  William  P.  Craig,  complainant,  vs.  The  Synod  of  California, 
defendant — No.  7. 

The  Judicial  Commission,  sitting  as  a  judicatory  in  the  above  case,  find 
said  complaint  in  order,  and  having  read  the  record  from  the  beginning, 
and  heard  the  parties,  and  the  members  of  the  judicatory  complained 
of,  and  the  members  of  the  judicatory,  finds  the  complaint  well  taken 
and  sustains  the  same ;  and  further  finds  in  so  sustaining  the  same,  that 
the  whole  and  each  of  the  ministerial  acts  and  functions  performed  by 
the  Rev.  Burt  Estes  Howard  during  the  time  covered  by,  and  embraced 
in,  the  action,  and  up  to  the  time  when  the  final  judgment  of  this  judi- 
catory, in  reversing  the  final  judgment  of  the  Synod  of  California,  in 
the  case  of  the  Presbyterian  Church  in  the  U.  S.  A.  against  the  said 
Howard,  is  duly  certified  to  and  received  by  the  Stated  Clerk  of  the 
Synod  of  California,    are  valid  and   remain   in  full  force   and  effect. 


756  BOOK    OF    DISCIPLINE,     SECT.    99    (5). 

and    unaffected   by  any  action  of    this   judicatory  in  this    case. — 1896, 
p.  152. 

[Note. — See  Book  of  Discipline,  Sec.  cxix.] 

5.    Complaint  of  David  R.  Breed  et  al,  vs.  the  Synod  of 
Pennsylvania. 

The  Judicial  Commission  presented  its  report  on  Judicial  Case  No.  2, 
as  follows : 

The  Judicial  Commission  appointed  by  the  General  Assembly  to  try 
the  complaint  of  David  R.  Breed  and  others,  members  of  the  Synod  of 
Pennsylvania,  against  the  action  of  said  Synod  and  the  finding  of  its 
Judicial  Commission  in  Judicial  Case  No.  1,  in  its  session  held  in  the 
Presbyterian  church  of  Butler,  Pa.,  October  17-21,  1895,  do  respect- 
fully report  as  follows: 

That  after  the  opening  of  the  Commission  by  prayer,  and  the  solemn 
charge  by  the  Moderator,  the  Commission,  of  which  a  quorum  was 
present,  proceeded  to  consider  the  case.  The  facts  briefly  are  as  follows: 
On  February  5,  1895,  the  Presbytery  of  Pittsburgh  dissolved  the 
pastoral  relation  between  Rev.  C.  J.  Forsythe  and  the  church  of  West 
Elizabeth  and  appointed  Rev.  Dunlop  Moore,  Moderator  of  Session. 
On  February  17,  1895,  the  elders  of  said  church  requested  Mr.  For- 
sythe to  act  as  Moderator  of  a  Sessional  meeting,  and  Session  called  a 
congregational  meeting  for  February  22  inter  alia  to  elect  additional 
elders.  At  this  meeting,  the  Rev.  S.  J.  S.  Moore,  not  the  appointed 
Moderator,  was  requested  to  moderate  the  congregational  meeting.  Two 
elders  were  elected.  Certain  members  of  the  church  complained  to  the 
Presbytery  of  Pittsburgh  with  reference  to  this  meeting,  alleging  certain 
irregularities  and  unjust  rulings,  which  specifications  were  sustained  by 
the  Presbytery  of  Pittsburgh  against  this  action  of  Presbytery.  By  its 
Judicial  Commission  twenty-five  persons,  members  of  Pittsburgh  Pres- 
bytery, complained  to  the  Synod  of  Pennsylvania,  alleging  in  several 
specifications  the  irregularity  of  the  action  and  the  injustice  of  the  find- 
ings and  procedure.  This  complaint  was  tried  by  Commission  of  Synod 
of  Pennsylvania,  at  its  meeting  in  Butler,  October  17-21,  1895,  and 
the  first  report  was  recommitted  to  have  points  of  law  and  Constitution 
considered.  The  Commission  again  reported,  sustaining  the  complaint,  but 
not  referring  any  questions  of  law  to  Synod  for  its  determination.  The 
case  before  Assembly's  Commission  is  the  complaint  against  this  action 
of  Synod,  to  which  reference  is  here  made  as  part  of  this  report. 

In  the  trial  before  the  Commission,  the  record  of  the  action  com- 
plained of,  and  so  much  of  the  record  of  the  lower  judicatory  as  was 
pertinent,  were  read,  and  the  parties  were  heard,  the  complainants  open- 
ing and  closing. 

Commission  referred  the  two  points  of  law   set  forth  in  the  complaint 
to  the  Assembly  for  adjudication  according  to  Chap,  xiii,  Sec.  cxix,  B 
D. ,  which  points  of  law  are  as  follows : 

[Note. — See  Book  of  Discipline,  Sec.  cxix.] 

The  Commission  having  received  this  Assembly's  adjudication  of  the 
points  of  law,  and  in  accordance  therewith,  do  find  as  follows: 

That  the  complaint  is  sustained,  affirming  the  action  of  the  Presbytery 
of  Pittsburgh,  pro  forma,  and  finding  the  Synod  of  Pennsylvania  in  error 
in  that  the  Judicial  Commission  of  said  Syuod  did  not  submit  the  points 


OF    APPEALS.  757 

of  law  to  the  Synod  as  provided  for  in  Cliap.  xiii,  Sec.  cxix,  B.  D. 
Inasmuch  as  the  elders  elected  at  the  congregational  meeting  complained 
of  have  since  been  ordained  and  installed,  the  decisions  of  both  Synod 
and  Presbytery  are  not  hereby  otherwise  affected  and  the  Synod  is 
directed  to  take  no  further  action  in  the  matter. 

Only  those  present  at  all  the  sessions  of  the  Commission  voted  in  the 
case.— 1896,  pp.  90-92. 

VIII.    DECISIONS  AND  THEIR  EFFECT. 
I.     THE  DECISION  MAY  CONFIRM  THAT  OF  THE  LOWER  JUDICATORY. 

If  no  one  of  the  specifications  be  sustained,  and  no  error  be  found  by 
tlie  judicatory  in  the  record,  the  judgment  of  the  inferior  judicatory 
shall  be  afiirmed. 

1.    Section  xcix  (5)  explained. 

Overture  from  the  Presbytery  of  Lodiana,  inquiring  whether,  in  the 
trial  of  an  appeal,  a  higher  court,  discovering  one  or  more  errors  in  the 
proceedings  of  the  court  below,  is  bound  by  Section  xcix  (5)  of  the 
Book  of  Discipline,  to  reverse  or  modify  the  judgment  of  the  inferior 
judicatory  or  else  remand  the  case  for  a  new  trial. 

Clearly  there  is  no  such  requirement,  but,  on  the  contrary,  "  the 
judicatory  shall  determine, ' '  in  its  own  discretion,  whether  ' '  the  judg- 
ment of  the  inferior  judicatory  shall  be  reversed  or  modified,"  or  "  the 
case  remanded,"  and  that,  for  the  obvious  reason,  that  there  may  be 
enough  in  that  part  of  the  decision  which  has  been  sustained  by  the 
higher  court,  to  warrant  the  full  sentence  which  has  been  imposed. 
Adopted.— 1888,  p.  109. 

2.    Decisions  confirmed. 

a.  Form  of  Government,  Chap,  xv.  Sec.  i.  Appeal  of  the  Third 
Presbyterian  church,  Philadelphia,  vs.  the  Synod  of  Philadelphia. — 
1814,  pp.  559,  560. 

b.  Form  of  Government,  Chap.  xvii.  Appeal  of  Joseph  Connell  vs. 
the  Synod  of  Pittsburgh.— 1868,  p.  648,  O.  S. 

C.  Form  of  Government,  Chap,  x,  Sec.  viii.  Appeal  of  S.  Shep- 
herd vs.  the  Synod  of  Illinois.— 1863,  p.  36,  O.  S. 

d.  Form  of  Government,  Chap,  x.  Sec.  viii.  Appeal  of  members 
of  Pine  Street  Church  vs.  the  Presbytery  of  St.  Louis. — 1864,  pp.  327, 
328,  O.  S. 

e.  Book  of  Discipline,  Chap,  vii.  Sec.  e.  Appeal  of  Alexander 
Frazer  vs.  the  Synod  of  BuflTalo.  Also  Appeal  of  Alexander  Gordon  vs. 
the  same  Synod.— 1859,  pp.  546,  547,  O.  S. 

f.  Book  of  Discipline,  Chap,  v.  Sec.  v  (Old).  Case  of  Samuel 
Boyd.  The  decision  of  the  Synod  of  Wheeling  confirmed.  In  this  case 
it  was  held  that  the  appellant,  not  having  objected  to  alleged  informali- 
ties at  the  time  of  trial,  "  had  waived  all  informalities  in  the  pi'oceed- 
ings  antecedent  to  trial. " — 1866,  p.  74,  O.  S. 

g.  The  Commission  in  the  case  of  the  appeal  of  the  Kev.  L.  R. 
Lockwood  from  the  judgment  of  the  Synod  of  Iowa,  affirming  the 
judgment  of  the  Presbytery  of  Dubuque,  suspending  the  appellant 
from  the  Gospel  ministry,  recommend  that  the  appeal  be  not  sustained, 
and  that  the  judgment  of  the  lower  courts  be  affirmed. — 1867,  p.  347, 
O.  8. 


758  BOOK    OF    DISCIPLINE,    SECT.     99    (5). 

h.  Form  of  Government,  Chap,  xii,  Sec.  v.  Appeal  of  Eev.  Isaac 
M.  See  vs.  the  Synod  of  New  Jersey.  Judgment  of  the  Presbytery  and 
Synod  affirmed.— 1878,  pp.  102,  103. 

i.  Form  of  Government,  Chap,  xii.  Sec.  v.  Appeal  of  the  Rev. 
John  Miller  vs.  the  Synod  of  New  Jersey.  Action  of  the  Synod 
affii-med,  and  his  suspension  from  the  ministry  approved. — 1878,  p.  98. 

j.  Form  of  Government,  Chap,  x.  Sec.  viii.  Appeal  of  Addison 
Bancroft  and  R.  W.  Stewart  vs.  the  Synod  of  Philadelphia.  The  Synod 
sustained. — 1878,  p.  41. 

k.  Form  of  Government,  Chap,  ix.  Sec.  vi.  Appeal  of  Walter 
Bradshaw  vs.  the  Synod  of  New  York.  The  Synod  sustained. — 1885, 
pp.  593,  594. 

1.  Directory  for  Worship,  Chap,  iii.  Sec.  ii.  Appeal  of  Charles  D. 
Drake  vs.  the  Synod  of  Baltimore.  Judgments  of  the  Synod  of  Balti- 
more affirmed.— 1888,  pp.  112,  113. 

m.  Appeal  of  Rev.  Henry  Preserved  Smith,  D.D.  No  specification 
of  error  having  been  sustained,  and  the  appeal  as  a  whole  not  having 
been  sustained,  the  judgment  of  the  Synod  of  Ohio,  in  the  case  of  the 
Presbyterian  Church  in  the  United  States  of  America  vs.  Rev.  H.  P. 
Smith,  D.D.,  has  been  and  is  affirmed. — 1894,  p.  106. 

n.  Judicial  case,  being  the  appeal  of  J.  A.  Cooper  against  a  de- 
cision of  the  Synod  of  Pennsylvania.  The  Committee  would  recom- 
mend that  the  Synod  of  Pennsylvania  be  sustained  in  refusing  to 
entertain  the  appeal  of  one  J.  A.  Cooper  vs.  Presbytery  of  Erie,  on 
the  ground  that  there  is  no  evidence  to  show  that  Synod  was  incorrect 
in  its  statements  (see  p.  30,  Minutes,  Synod  Penna. ).  Adopted. — • 
1895,  p.  85. 

O.  Presbyterian  Church  U.  S.  A.,  appellant,  vs.  Burt  Estes  Howard, 
appellee.     Sustained. — 1896,  p.  132. 

p.  Also  Presbyterian  Church  U.  S.  A.,  appellant,  vs.  J.  C.  Salisbury 
etal.,  appellee.     Sustained. — 1896,  p.  133. 

q.  Also,  David  R.  Breed,  complainant,  vs.  Synod  of  Pennsylvania, 
respondent.     Sustained. — 1896,  p.  91. 

r.  And  AVilliam  P.  Craig,  complainant,  vs.  the  Synod  of  California, 
respondent.     Sustained. — 1896,  p.  152. 

3.  In  confirming  the  decision  the  Assembly  directs  that  if  a  new 
trial  as  ordered  be  not  instituted  within  six  months  the  deci- 
sion shall  be  final. 

And,  therefore,  the  Assembly  do  now  order  and  direct  that  the  appeal 
of  the  said  Silas  Miller  be  dismissed  and  the  decision  of  the  Synod  of 
Illinois  be  confirmed ;  and  the  Assembly  further  order  and  direct  that,  if 
the  Session  of  the  church  of  Tuscola  do  not,  Avithin  six  months  from  the 
date  hereof,  refer  the  case  to  the  Presbytery  of  Wabash  for  a  new  trial, 
in  accordance  with  the  decision  of  the  Synod  of  Illinois,  then  the 
decision  of  the  said  Synod  sustaining  the  appeal  shall  become  absolute 
and  final,  and  the  said  Silas  Miller  shall  be  thereupon  restored  to  all  the 
rights  and  privileges  which  he  had  and  enjoyed  as  a  member  of  the 
church  of  Tuscola,  and  from  Avhich  he  was  suspended  by  the  judgment 
and  sentence  of  said  church. — 1867,  p.  517,  N.  S. 

Decision  confirmed  because  the  new  testimony  offered  "  did  not  in  any 
important  respect  change  the  aspect  of  liis  case," — 1823,  p.  90. 


OF    APPEALS.  759 

II.     THE  DECISION  MAY  REVERSE  THAT  OF  THE  LOWER  JUDICATORY. 

If  one  or  more  errors  be  found,  the  judicatory  shall  determine  whether 
the  judgment  of  the  inferior  judicatory  shall  be  reversed  or  modified,  or 
the  case  remanded  for  a  new  trial;  and  the  judgment,  accompanied  by  a 
recital  of  the  error  or  errors  found,  shall  be  entered  on  the  record.  If 
the  judicatory  deem  it  wise,  an  explanatory  minute  may  be  adopted  which 
shall  be  a  part  of  the  record  of  the  case. 

1.    Reversed  on  review  of  testimony. 

An  appeal  was  taken  by  Mr.  John  Gordon  from  the  decision  of  the 
Synod  of  Pittsburgh.  The  Assembly  having  before  them  the  evidence 
which  had  been  before  the  Synod,  and  having  fully  heard  the  members 
of  that  Synod  present  in  defence  of  their  decision,  it  was,  on  motion. 

Resolved,  That  the  decision  of  the  Synod  in  aflSrming  the  judgment  of 
the  Presbytery  of  Redstone  be  reversed. 

And  it,  therefore,  was  reversed. — 1807,  p.  386. 

2.    Reversed  without  assigning  a  reason  for  its  action. 

The  consideration  of  the  appeal  of  the  Presbytery  of  Ohio  from  the 
decision  of  the  Synod  of  Pittsburgh,  in  the  case  of  Mr.  Gwinn,  was 
resumed,  and  the  parties  were  heard  until  they  said  they  had  notliing 
further  to  add. 

The  decision  of  the  Synod  of  Pittsburgh  reversed  a  decision  of  the 
Presbytery  of  Ohio,  by  which  decision  the  Presbytery  had  suspended 
the  Rev.  Andrew  Gwinn,  sine  die,  from  the  office  of  the  Gospel  ministry. 

A  motion  was  made  and  seconded  that  the  appeal  of  the  Presbytery 
of  Ohio  be  sustained,  and  the  decision  of  the  Synod  in  the  case  be 
reversed,  which  was  detei-mined  in  the  affirmative. — 1819,  p.  709. 

[Note.— See  also  1821,  p.  25.     And  Book  of  Discipline,  Sec.  xcix,  last  clause.] 

3.    Reversed  because  of  disproportionate  censure. 

[Note. — See  Book  of  Discipline,  Sec.  ii,  p.  604.] 

4.    Reversal  on  the  ground  of  undue  severity  does  not  determine  the 
innocence  of  the  accused  nor  relieve  him  from  other  process. 

The  appeal  of  T.  F.  Worrall  against  the  Synod  of  Illinois.  The 
usual  charge  was  read  by  the  Moderator,  and  the  Assembly  proceeded 
with  the  case  according  to  the  order  prescribed  in  the  report  of  the  Com- 
mittee, which  is  as  follows : 

The  Committee  report  as  follows:  This  case  originated  before  the 
Session  of  the  church  of  Bloomington,  on  charges  preferred  against  the 
appellant  by  the  Session  on  ' '  general  rumor. ' ' 

After  an  examination  the  Session  convicted  him,  and  passed  sentence 
excluding  him  from  the  communion  of  the  church. 

An  appeal  was  taken  from  this  decision  to  the  Presbytery  of  Bloom- 
ington, which  refused  to  sustain  the  appeal.  An  appeal  was  taken  from 
thence  to  the  Synod,  which  refused  also  to  sustain  the  appeal.  From 
this  decision  of  the  Synod  of  Illinois  this  appeal  is  taken  to  the  General 
Assembly.      The  appeal  was  sustained    and  it  was: 

Resolved,  As  the  expression  of  the  judgment  of  this  Assembly,  That 
the  sentence  of  excommunication  against  T.  F.  Worrall,  by  the  Session 
of  the  church  at  Bloomington,  111.,  be  reversed,  as  being  unduly  severe. 
The  Assembly,  however,   do  not  intend  by  this  decision  to  restore  Dr. 


760  BOOK   OF    DISCIPLINE,    SECT,    99    (5). 

Worrall  to  the  communion  of  the  church,  from  which  he  is  now  under- 
stood to  be  suspended,  on  other  charges  still  under  adjudication ;  nor  do 
the  Assembly  intend  to  decide  that  he  did  not  deserve  censure  for  the 
improper  language  which  is  set  forth  in  the  charges  against  him. — 1861, 
pp.  344,  346,  O.  S. 

5.    Decision  of  Synod  reversed  as  in  error  in  prescribing  a 
form  of  dismission. 
Complaint  of  Rev.  N.  West,  D.D.,  vs.  the  Synod  of  New  York. — 
1864,  p.  328,  O.  S. 
[Note. — See  under  Book  of  Discipline,  Sec.  1,  p.  666.] 

6.    Be  versed  because  of  unconstitutional  action  of  the  judicatory 

appealed  &om. 

a.  Whereas,  A  complaint  has  been  made  by  the  Presbytery  of  Saha- 
ranpur,  of  the  Reformed  Presbyterian  Church,  against  the  Board  of 
Foreign  Missions  of  the  Presbyterian  Church,  for  reappointing,  as  one 
of  their  missionaries  in  India,  Rev.  John  Simms  Woodside,  who  had 
been  deposed  from  the  ministry  by  said  Presbytery: 

Your  Committee  recommend  the  following  action  touching  the  matters 
contained  in  said  complaint  which  relate  to  the  polity  of  the  Presbyte- 
rian Church,  viz. : 

1.  It  appears  that  an  agreement  was  entered  into,  years  ago,  by  which 
the  ministers  of  the  so-called  "  Covenanter,"  or  Reformed  Presbyterian 
Church,  became  missionaries  of  our  Foreign  Board. 

2.  It  does  not  appear  that  this  agreement  gave  to  any  of  the  judica- 
tories of  our  own  Church  the  authority  of  ' '  Review  and  Control ' '  over 
any  of  the  judicatories  of  said  Reformed  Presbyterian  Church;  but  it  is 
implied  that,  both  by  agreement  and  comity,  the  judicial  decisions  of  the 
Presbyteries  of  said  Reformed  Presbyterian  Church,  touching  the  eccle- 
siastical standing  of  their  ministers,  should  receive  the  respect  from  our 
Presbyteries  due  to  like  decisions  of  one  another. 

3.  The  main  facts  of  this  case  are,  that  John  S.  Woodside,  a  minister 
of  the  Reformed  Presbytery  of  Saharanpur,  was  deposed  by  that  Pres- 
bytery in  February,  1880;  and  the  gist  of  this  complaint  is  that,  not- 
withstanding said  deposition,  he  has  since  been  received  as  a  minister,  in 
good  standing,  by  our  Presbytery  of  Furrukhabad,  and  has  been 
appointed  a  missionary  by  our  Board. 

4.  And  whereas,  The  (O.  S. )  General  Assembly  (pp.  159  and  160, 
Moore's  Digest,  1873)  decided  in  1862  that  "  a  Presbytery  may  not  re- 
store a  minister  deposed  by  another,"  and  the  (N.  S. )  General  Assembly 
(pp.  617  and  618,  Moore's  Digest),  in  1858,  decided  "  that  only  the 
Presbytery  which  deposed  a  minister  has  jurisdiction  over  him, ' '  therefore, 

Resolved,  That  the  Presbytery  of  Furrukhabad  erred  in  receiving  and 
restoring  to  the  ministry  the  said  John  S.  Woodside,  while  he  was  under 
sentence  of  deposition  by  the  Presbytery  of  Saharanpur,  and  in  accord- 
ance with  the  action  of  the  General  Assembly  in  a  similar  case  between 
Presbyteries  of  our  own  Church  (see  Moore's  Digest,  pp.  159  and  160), 
this  Assembly  directs  the  Presbytery  of  Furrukhabad  to  reconsider  its 
action,  and  proceed  according  to  the  requirements  of  the  Constitution, 
as  provided  for  the  guidance  of  our  Presbyteries  in  similar  circumstances 
between  themselves.     Adopted. — 1883,  pp.  628,  629. 

b.  The  Judicial  Commission  to  whom  was  referred  Judicial  Case  No.  2, 


OF    APPEALS.  761 

being  a  complaint  of  Addison  Bancroft  to  the  General  Assembly  against 
the  action  of  the  Synod  of  Philadelphia  in  the  Hermon  church  case, 
presented  the  following  report: 

That  the  complainant  complained  of  the  action  of  the  Presbytery  of 
Philadelphia  North,  in  dissolving  Hermon  church  and  declaring  the 
field  occupied  by  it  a  mission  station  under  the  care  of  the  Presbytery, 

The  Synod  of  Philadelphia,  at  its  stated  meeting  in  Philadelphia, 
October  23,  1876,  sustained  the  action  of  the  Presbytery,  and  dismissed 
the  complaint,  whereupon  the  complainant  brought  his  complaint  against 
such  action  of  the  Synod  to  this  General  Assembly,  and  the  case  having 
been,  by  the  consent  of  the  parties,  referred  by  the  General  Assembly  to 
this  Commission  for  hearing  and  decision,  and  the  Commission  having  there- 
upon proceeded  in  due  order  to  examine  the  case  and  to  hear  the  parties 
and  members  of  the  inferior  judicatory,  it  is  thereupon  by  this  Commis- 
sion decided  that  the  said  action  and  decision  of  the  Synod  of  Philadel- 
phia and  of  the  Presbytery  of  Philadelphia  North  be  and  the  same  are 
hereby  reversed  for  the  following  reason : 

That  it  appears  that  Hermon  church  had  no  previous  notice  of  the 
contemplated  action  of  the  Presbytery  in  dissolving  the  church.  While 
the  Commission  regrets  the  necessity  of  reversing  the  decision  of  the 
Synod  of  Philadelphia  upon  a  ground  which  may  seem  merely  technical, 
Ave  regard  the  precedent  of  dissolving  a  church  without  notice  to  it  as 
too  dangerous  to  be  upheld ;  and  we  hold  that  without  such  notice  and 
an  opportunity  for  the  church  to  be  heard,  the  Presbytery  had  not 
jurisdiction  of  the  case.     Adopted. — 1877,  pp.  543,  544. 

7.  Where  sentence  is  reversed  for  irregularity,  either  party  may 
institute  a  new  trial.  If  process  be  not  commenced  within  the 
time  limited,  he  may  demand  a  letter  as  in  good  standing. 

The  appeal  of  Mr.  Joseph  E.  Bell,  from  a  decision  of  the  Presbytery 
of  Concord,  suspending  him  from  the  office  of  the  Gospel  ministry,  was 
taken  up. 

The  appeal  was  sustained.     The  following  minute  was  adopted : 

1.  Resolved,  That  in  the  judgment  of  the  Assembly,  Mr.  Bell  was  and 
still  continues  to  be  fully  amenable  to  the  Presbytery  of  Concord, 

2. .  That  while  the  Assembly  do  not  wish  to  protect  the  guilty,  they  do 
judge  that  great  caution,  deliberation,  and,  as  far  as  may  be,  the  rules 
of  discipline,  where  ministerial  character  is  impeached,  ought  to  be 
strictly  observed,  and  that  in  this  case  the  informality  was  exceptionable. 

3,  That  if  it  be  deemed  necessary  for  the  good  of  religion  and  the 
honor  of  the  ministerial  character,  the  Presbytery  of  Concord  are  entirely 
competent  to  commence  a  new  trial ;  or  if  Mr,  Bell  shall  desire,  for  his 
own  sake,  a  new  trial,  the  door  is  still  open, 

4.  That  in  the  meantime,  Mr.  Bell's  ministerial  standing  shall  be  con- 
sidered regular,  and  if  no  process  shall  be  commenced  by  either  party 
within  the  space  of  six  months  from  the  first  of  June  next,  then  Mr. 
Bell  may  claim  from  the  Presbytery  of  Concord  a  dismission,  declaring 
him  to  be  in  regular  standing. — 1828,  p,  240. 

[Note. — See  also  under  Book  of  Discipline,  Sec.  Ixviii,  p.  651.] 

8.    Reversed  for  haste  and  unconstitutional  action. 
The  Assembly  sustained  the  appeal  of  Mr.  Arthur,  from  the  sentence 
of  Presbytery,  by  which  he  was  suspended  from  the  Gospel  ministry  on 


762  BOOK    OF    DISCIPLINE,    SECT.    99    (5). 

the  ground  of  contumacy,  because  the  Presbytery  appeared  to  have  been 
precipitate,  and  not  to  have  observed  the  constitutional  rules.  See  Dis- 
cipline (Old),  Chap,  iv.  Sees,  xix,  xxi,  xxxiii,  Ixviii. — 1822,  p.  53. 

9.    Sentence  reversed  and  the  appellant  declared  to  be  in 
regular  standing. 

The  unfinished  business  of  the  forenoon  was  resumed,  viz.,  the  consid- 
eration of  the  appeal  of  Mr.  James  Atwater  from  the  decision  of  the 
Synod  of  Geneva,  affirming  a  decision  by  which  Mr.  Atwater  had  been 
excommunicated  by  the  church  at  Genoa. 

The  parties  were  fuJly  heard,  and  the  following  resolution,  after  some 
discussion,  was  adopted,  viz. : 

Resolved,  That  the  appeal  of  Mr.  Atwater  be  sustained,  and  it  hereby 
is  sustained ;  and  that  Mr.  Atwater  have  liberty,  as  a  member  of  the 
Presbyterian  Church  in  regular  standing,  to  connect  himself  with  any 
church  which  may  be  disposed  to  receive  him. — 1821,  p.  27. 

10.    The  decision  may  declare  the  acts  of  the  lower  judicatories  void. 

a.  Resolved,  That  the  appeal  and  complaint  of  the  Second  Presbytery 
of  Philadelphia  against  the  Synod  of  Philadelphia  be,  and  the  same  are, 
hereby  sustained;  and  the  act  of  said  Synod,  so  far  as  it  was  intended 
to  unite  the  said  Second  Presbytery  with  the  Presbyter}'  of  Philadelphia, 
is  hereby  declared  void.— 1834,  p.  432;  1854,  p.  33,  O.  S. 

b.  In  the  appeal  of  persons  claiming  to  be  the  church  of  St.  Charles, 
it  was 

Resolved,  That  the  Assembly  herein  sustains  the  appeal,  pro  forma,  and 
orders  the  entire  setting  aside  of  all  the  proceedings  in  the  whole  case  in 
all  its  stages,  from  the  time  that  notice  was  first  given  to  call  a  meeting 
of  the  congregation  for  the  election  of  the  three  elders,  and  directs  all 
the  parties  to  stand  precisely  where  they  did  before  any  step  was  taken  in 
it.— 1838,  p.  19. 

C.  Resolved,  That  this  Assembly  understands  the  act  of  the  Assembly 
of  1838,  as  sustaining  the  appeal  of  Rev.  Hiram  Chamberlain,  not  upon 
the  merits  of  the  case,  but  on  account  of  informality  of  the  courts  below, 
and  that  "  in  the  entire  setting  aside  of  all  the  proceedings  in  the  whole 
case,  they  intended  not  only  to  annul  the  past,  but  also  to  forbid  all  sub- 
sequent action  contrary  to  the  will  of  the  regularly  constituted  authorities 
of  that  church,  and  they  hereby  declare  any  such  unconstitutional  action 
that  may  have  been  had  by  any  person,  or  persons,  in  connection  with 
that  church,  to  be  null  and  void. — 1840,  p.  302,  O.  S. 

d.  Resolved,  That  for  the  informalities  and  errors  above  mentioned, 
the  appeal  be  and  is  hereby  sustained,  and  all  pi'oceediugs  in  the  case  by 
the  Session,  Presbytery  and  Synod  since  the  admouitioa  before  the  con- 
gregation on  the  25th  of  August,  1861,  are  herebv  annulled  and  set 
aside.— 1863,  p.  36,  O.  S. 

[Note. — See  under  Sec.  Ixxix,  p.  695,  Appeal  of  James  W.  Hamilton  vs.  the 
Synod  of  Sandusky.] 

11.    The  reversal  annuls  the  acts  complained  of. 

a.  The  appeal  and  complaint  of  Thomas  Bradford  and  others  from  a 
decision  of  the  Second  Presbytery  of  Philadelphia,  relative  to  the 
installation  of  Mr.  Duffield  were  taken  up.  The  appeal,  with  the  reasons 
of  it,  and  all  the  documents  in  the  case,  were  read.  The  parties  were 
heard,  and  were  then  considered  as  withdrawn  from  the  house.     The  roll 


OF    APPEALS.  763 

was  called  to  give  tlie  members  an  opportunity  of  expressing  their  opinion. 
After  which,  the  final  vote  was  taken,  and  the  appeal  and  complaint  were 
sustained. 

The  following  resolution  was  then  adopted  as  explanatory  of  the  above 
decision,  viz.  : 

That  the  appeal  be  sustained,  and  the  acts  of  the  Presbytery  in  rela- 
tion to  the  call  and  installation  of  Mr.  Duffield  be  and  they  hereby  are 
reversed.— 1835,  p.  490. 

b.  In  regard  to  the  complaint  of  Mr.  Dobbins  against  the  Session  of 
the  church  of  Augusta  for  receiving  members  suspended  by  the  Session 
of  the  church  of  Smyrna,  the  Assembly  are  of  opinion  that  both  Sessions 
acted  unconstitutionally,  the  Session  of  Smyrna  in  suspending  said 
members,  and  the  Session  of  Augusta  in  receiving  them  when  suspended. 
Therefore, 

Resolved,  That  the  appeal  on  this  complaint  be  and  it  is  hereby  sus- 
tained ;  and  the  members  in  question  are  hereby  declared  to  be  still 
members  in  good  standing  in  the  church  of  Smyrna,  and  the  Session  of 
the  church  of  Smyrna  are  hereby  directed  to  dismiss  said  members,  if 
they  still  desire  it,  that  they  may  regularly  connect  themselves  with  the 
church  of  Augusta. — 1824,  p.  125. 

12.    The  decision  reversed  and  the  case  remanded. 

The  Presbyterian  Church  in  the  U.  S.  A.  vs.  Rev.  Charles  A.  Briggs, 
D.D. :  Appeal  from  the  judgment  of  the  Presbytery  of  New  York,  dis- 
missing the  case. 

The  General  Assembly  having,  on  the  28th  day  of  May,  1892,  duly 
sustained  all  the  specifications  of  error  alleged  and  set  forth  in  the  appeal 
and  specifications  in  this  case: 

It  is  now.  May  30,  1892,  ordered,  that  the  judgment  of  the  Presby- 
tery of  New  York,  entered  November  4,  1891,  dismissing  the  case  of 
the  Presbyterian  Church  in  the  United  States  of  America  against  Rev. 
Charles  A.  Briggs,  D.D. ,  be,  and  the  same  is  hereby,  reversed.  And 
the  case  is  remanded  to  the  Presbytery  of  New  York  for  a  new  trial,  \^'ith 
directions  to  the  said  Presbytery  to  proceed  to  pass  upon  and  determine 
the  sufficiency  of  the  charges  and  specifications  in  form  and  legal  effect, 
and  to  permit  the  Prosecuting  Committee  to  amend  the  specifications  of 
charges,  not  changing  the  general  nature  of  the  same,  if,  in  the  furtherance 
of  justice,  it  be  necessary  to  amend,  so  that  the  case  may  be  brought  to 
issue  and  tried  on  the  merits  thereof  as  speedily  as  may  be  practicable. 

And  it  is  further  ordered,  that  the  Stated  Clerk  of  the  General 
Assembly  return  the  record,  and  certify  the  proceedings  had  thereon, 
with  the  necessary  papers  relating  thereto,  to  the  Presbytery  of  New 
York.— 1892,  p.  152. 

III.       THE    DECISION    MAY   CONFIRM   OR    REVERSE   IN    PART. 

1.   Reversed  in  part  on  ground  of  irregularity.    Sustained  in  part. 

a.      The  judicatory  may  not  inflict  a  new  sentence  ivithout  neiv  trial. 

Resolved,  That  the  General  Assembly,  having  heard  and  considered  in 
detail  the  circumstances  and  merits  of  the  appeal  of  Newton  Hawes,  are 
of  the  opinion  that  in  the  proceedings  of  the  Synod  of  Genesee  in  the 
case,  there  appears  to  be  nothing  irregular  or  censurable  until  they  come 
to  their  last  decision,  in  which  they  pass  a  new  and  severe  censure  on  the 


764  BOOK    OF    DISCIPLINE,    SECT.     99    (5). 

apjjellant.  In  this  particular,  the  Assembly  judge  that  the  proceedings 
of  the  Synod  were  not  regular,  inasmuch  as  they  inflicted  a  new  censure 
without  a  new  and  regular  trial.  Had  the  Synod  contented  themselves 
with  approving  the  doings  of  the  church  of  Warsaw,  in  declining  to 
restore  the  appellant  to  their  communion,  and  left  him  in  the  condition 
of  a  suspended  member,  they  would  have  acted  with  entire  regularity ; 
but  not  pausing  at  this  point,  the  Assembly  consider  them  as  acting  on 
matters  not  regularly  brought  before  them;  and  therefore  resolved,  that 
the  sentence  of  the  Synod,  requiring  the  appellant  to  make  a  new  and 
second  confession,  be  reversed,  and  it  is  hereby  reversed,  and  that  the 
other  part  of  their  proceedings  and  decision  be  affirmed,  and  they  are 
hereby  aflarmed.— 1823,  p.  79. 

b.     Nor  remove  all  censure  where  they  find  rebuke  deserved. 

The  Assembly  having  heard  the  complaint  of  the  Presbytery  of  Carlisle 
against  the  Synod  of  Philadelphia  in  the  case  of  William  S.  McDoAvell, 
with  the  facts  and  arguments  offered  by  the  Presbytery  and  the  Synod, 
judge  that  the  Synod  had  a  constitutional  right  to  reverse  the  decision  of 
the  Presbytery  in  the  case,  either  in  whole  or  in  part,  as  to  them  might 
seem  proper ;  but  that  in  the  exercise  of  this  right  the  Synod  have  not 
duly  regarded  the  principles  of  discipline  prescribed  in  the  Constitution, 
inasmuch  as  it  appears  by  their  recoi'ds  that  they  have  removed  all 
censure  from  a  man  whom  they  declare  to  be  deserving  of  rebuke,  with- 
out directing  that  rebuke  to  be  administei'ed,  and  without  receiving  any 
evidence  of  his  penitence. — 1823,  p.  81. 

2.    Reversed  in  part  on  the  ground  that  irregularity  of  proceeding 
does  not  necessarily  invalidate. 

[Note. — See  under  Form  of  Government,  Chap,  xiii,  Sec.  ii,  8,  a,  p.  526.] 

3.    Sustained  in  part,  reversed  in  part.    Minute  in  the  case. 

a.  The  Committee  to  whom  was  referred  the  judicial  case  originating 
in  the  Session  of  the  Seventh  Presbyterian  church  in  Cincinnati,  beg 
leave  to  report  r 

1.  They  find  that  said  Session  tried  certain  parties  upon  five  several 
charges,  and  found  them  guilty  upon  the  first,  second  and  fifth,  and 
adjudged  them  worthy  of  serious  admonition  on  the  ground  of  the  first 
and  fifth,  and  suspension  upon  the  second. 

2.  The  Presbytery  of  Cincinnati,  deciding  the  case  upon  appeal, 
affirmed  the  decision  of  the  Session. 

3.  The  Synod  of  Cincinnati  also  acting  upon  it  under  appeal,  reversed 
the  decision  of  the  Presbytery  and  Session. 

4.  Your  Committee,  after  hearing  all  the  testimony  in  the  case,  and 
all  the  parties  thereto  by  their  representatives ;  and  after  fiill  and  pro- 
tracted consideration,  while  they  find  in  the  proceedings  of  the  Session 
and  Presbytery  no  evidence  of  other  than  a  kind  and  conscientious  desire 
to  do  justice  to  all  the  parties  concerned,  respectfully  recommend  the 
following  as  the  judgment  of  the  Assembly  in  the  case: 

Resolved,  1.  That  the  decision  of  the  Synod,  reversing  the  action  of 
the  Presbytery  and  Session  upon  the  first  and  fifth  charges  be  itself 
reversed,  and  the  Session  be  instructed  to  administer  the  serious  admoni- 
tion of  which  they  wisely  judged  the  parties  to  be  worthy. 

Resolved,  2.  That  the  decision  of  the  Synod,  reversing  the  action  of 
the  Presbytery  and  Session  upon  the  second  charge,  be  sustained  in  part, 


OF    APPEALS.  765 

on  the  ground  that  the  suspension  of  the  parties  accused  was  too  severe 
in  the  case,  and  that  the  Session  be  recommended  to  revoke  the  suspen- 
sion and  admonish  the  parties. — 1865,  p.  550,  O.  S. 

b.  The  order  of  the  day  was  taken  up,  viz.,  the  appeal  and  complaint 
of  Rev.  John  Skinner,  D.  D.,  against  a  decision  of  the  Presbytery  of 
Lexington  declaring  him  guilty  of  libel  and  defamation,  and  a  sentence 
of  suspension  from  ministerial  functions  founded  thereon 

The  question  was  then  taken  on  Judicial  Case  No.  3,  viz.,  the  appeal 
and  complaint  of  John  Skinner,  D.D.,  against  the  Presbytery  of  Lex- 
ington, and  the  complaint  of  Rev.  Mr.  Calhoun  against  the  same  Pres- 
bytery ;  and  the  result  was  as  follows,  viz. :  To  sustain  the  appeal,  40 ; 
to  sustain  in  part,  58 ;  not  to  sustain,  66. 

The  Special  Committee  in  the  case  of  Rev.  John  Skinner,  D.D., 
presented  a  report,  which  was  adopted,  and  is  as  follows,  viz.  : 

The  appeal  and  complaint  of  the  Rev.  John  Skinner,  D.D. ,  against 
the  Presbytery  of  Lexington,  is  sustained  ^ro /orma ;  the  sentence  of  the 
Presbytery  is  revoked,  and  the  appellant  restored  to  all  the  functions  of 
the  ministry  of  the  Gospel. 

The  complaint  of  the  Rev.  William  Calhoun  and  others  against  the 
same  Presbytery  is  dismissed. 

While  the  Assembly  do  fully  restore  the  appellant  to  the  functions  of 
the  ministry,  and  take  pleasure  in  recording  that  for  about  seven  years 
he  exhibited  talents  and  zeal  well  adapted  to  edify  the  Church  of  God, 
and  while  they  trust  that  he  will  hereafter  show  the  same  ability  and 
fidelity  in  the  Master's  cause,  they  are  constrained  to  express  their  deep 
concern  at  the  uncharitable  temper  and  litigiousness  exhibited  by  him 
before  the  inferior  judicatory,  and  their  disapprobation  of  his  course  in 
printing  and  circulating  his  Lexington  speech,  pending  his  complaint  to 
the  Synod  of  Virginia. 

Wherefore,  he  is  hereby  solemnly  admonished  in  relation  to  these 
matters,  and  warned  carefully  to  avoid  them  in  future. 

The  Assembly  regret,  moreover,  that  they  find  no  evidence  that  any 
of  the  parties  have,  at  any  stage  of  this  unhappy  controversy,  resorted 
to  the  more  private  and  fraternal  methods  of  making  peace  among 
brethren,  which  are  suggested  in  the  Word  of  God. 

And  the  Assembly  do  now  affectionately  and  solemnly  enjoin  on  all 
concerned  to  cultivate  a  spirit  of  charity  and  forgiveness,  to  study  the 
things  that  make  for  peace,  and  to  seek  by  importunate  prayer  the 
influences  of  the  Holy  Spirit,  that  the  wounds  inflicted  in  the  progress  of 
this  painful  case  may  be  healed,  and  the  kingdom  and  glory  of  Christ 
may  prevail  in  the  region  Avhere  these  brethren  are  called  to  labor. — 
1848,  pp.  26,  41  and  49,  O.  S. 
[Note. — See  Book  of  Discipline,  Sec.  ix,  p.  636.] 

4.    The  decision  censures  the  irregular  exclusion  of  a  member.    And 
prescribes  the  steps  to  be  taken  under  the  old  book. 

Complaint  of  Rev.  William  Perkins  et  al.  against  the  Synod  of 
Illinois.  The  final  vote  was  taken,  with  the  following  result,  viz. :  To 
sustain  the  complaint,  38;  to  sustain  in  part,  43;  not  to  sustain,  79.  A 
Committee  was  appointed  to  bring  in  a  minute,  which  was  adopted,  as 
follows,  viz. : 

The  Committee  appointed  to  bring  in  a  minute  in  reference  to  Judicial 
Case  No.  1,  report,  first,  the  facts  in  the  case.     A  communicant,  by  the 


766  BOOK    OF    DISCIPLINE,    SECT.    99    (5). 

name  of  Ambrose  Stone,  in  the  Irish  Grove  church,  for  a  long  time 
abstained  from  partaking  of  the  communion  of  the  Lord's  Supper.  He 
also,  for  a  long  time,  ceased  to  worship  God  in  his  family.  He  repeat- 
edly requested  the  Session  to  dissolve  his  connection  with  the  Church  of 
Christ,  assigning  as  the  only  reason  for  this  course  of  conduct,  that  he 
believed  he  had  never  been  born  again,  and  that  he  had  no  love  to 
Christ.  The  Session  did  eventually  comply  with  this  request,  and  resolved 
that  his  connection  with  the  Church  be  dissolved. 

This  church  was  under  the  care  of  Sangamon  Presbytery.  The  Pres- 
bytery upon  reviewing  the  records  of  the  Session  of  Irish  Grove  church 
considered  this  a  case  of  excommunication,  and  declared  the  action  of 
the  Session  not  only  unconstitutional,  but  also  null  and  void,  and  that 
Mr.  Stone  was  still  a  member  of  the  Irish  Grove  church.  The  Modera- 
tor and  elder  from  that  Session  claimed  the  right  to  vote  in  this  disap- 
proval of  their  records,  which  was  refused  by  Presbytery.  The  Session 
then  complained  to  the  Synod  of  Illinois  of  the  whole  action  of  the 
Presbytery  in  the  case.  The  Synod  sustained  and  approved  the  action 
of  the  Presbytery. 

The  case  was  then  brought  before  the  General  Assembly  by  the  Irish 
Grove  church  Session,  in  the  form  of  a  complaint  against  the  Synod  of 
Illinois,  because  it  sustained  the  action  of  the  Presbytery.  The  Assem- 
bly having  fully  heard  the  parties  in  the  case,  adopted  the  following 
resolutions,  viz, : 

Resolved,  1.  That  no  church  Session  has  authority  to  dissolve  the 
connection  of  a  communicant  with  the  Church  of  Christ,  except  by 
excommunication,  and  that  the  Sessions  of  our  Church  are  bound  to 
proceed  according  to  the  directions  given  in  our  Book  of  Discipline, 
when  they  do  excommunicate  a  member.  The  Assembly  does,  there- 
fore, condemn  the  action  of  the  Irish  Grove  Session  in  dissolving  the 
connection  of  Mr.  Stone  with  the  Church  of  Christ,  in  the  manner  in 
which  it  did,  as  irregular  and  unconstitutional. 

Resolved,  2.  That  the  Presbytery  of  Sangamon  acted  correctly  in  not 
permitting  the  members  of  the  Irish  Grove  Session  to  vote  for  approving 
or  disapproving  their  own  records ;  that  the  Presbytery  acted  correctly 
in  declaring  the  action  of  the  Session,  in  Mr.  Stone's  case,  to  be  irregu- 
lar and  unconstitutional ;  and  that  then  the  Presbytery,  without  proceed- 
ing further,  ought  to  have  required  the  Session  to  review  and  correct  its 
proceedings,  in  this  case,  according  to  the  directions  given  in  our  Book 
of  Discipline. 

Resolved,  3.  That  the  Synod  ought  to  have  directed  the  Presbytery  to 
require  the  Session  to  review  and  correct  its  proceedings,  according  to  the 
directions  given  in  our  Book  of  Discipline. — 1851,  p.  33,  O.  S. 

[Note. — See  under  Book  of  Discipline,  Sec.  xlviii.    "  Cases  without  Process,"  p.  666.] 

5.  The  decision  finds  error  in  the  judicatories  below.  A  Presbytery 
may  not  unduly  direct  and  control  a  Session.  Synod  may  not 
refuse  an  appeal  from  a  party  aggrieved. 

This  General  Assembly  sustains  the  appeal  and  complaint  of  Robert 
S.  Fiuley  and  Smith  Bloomfield,  against  the  Synod  of  New  Jersey. 

In  this  decision,  it  is  not  intended  to  censure  the  courts  beloAV  for 
want  of  zeal  and  faithfulness  in  doing  according  to  their  best  judgment 
what  the  case  required.  Much  less  is  it  intended  to  reverse,  in  form, 
what  has  been  done  in  the  case  of  Mr.  Finley,  so  as  to  restore  him  to 


OF    APPKALS.  767 

his  pastoral  relation,  in  the  Second  church  of  Woodbridge;  for  this 
would  be  not  only  impracticable,  in  the  circumstances,  as  they  now  exist, 
but  inexpedient,  even  if  it  were  practicable. 

But  the  Presbytery  of  Elizabethtown  erred  in  attempting  too  much  to 
direct  and  control  the  action  of  that  Session,  interfering  without  being 
called  to  do  so,  according  to  the  forms  of  our  Constitution ;  in  arresting 
the  process  of  discipline,  before  it  had  been  issued,  while  the  Session  were 
pursuing  it  in  an  orderly  manner;  and  in  dissolving  the  pastoral  relation 
upon  a  mere  presumption  of  a  majority  of  the  people  desiring  it,  with- 
out the  regular  application  of  either  party;  thus  making  what  they 
judged  a  necessity  in  the  case,  of  more  importance  than  the  forms  of  the 
Constitution. 

The  Synod  of  New  Jersey  erred,  not  only  in  sustaining  the  action  of 
the  Presbytery  in  this  case,  but  also  in  refusing  to  entertain  as  an  appeal 
the  remedy  sought  by  a  party  who  was  both  injured  and  aggrieved  by 
said  action  of  the  Presbytery. — 1858,  p.  300,  0.  S. 

IV.       THE    DECISION    MAY    REMIT    THE   CASE   TO   THE    LOWER 
JUDICATORY. 

1.    It  may  remand  the  cause  for  reconsideration. 

The  business  left  unfinished  yesterday,  viz.,  the  consideration  of  the 
appeal  of  Mr.  Todd  from  the  decision  of  the  Synod  of  Kentucky,  affirm- 
ing a  decision  of  the  Presbytery  of  Transylvania,  by  which  decision  Mr. 
Todd  was  deposed  from  the  Gospel  ministry  [was  taken  up] ,  and  after 
considerable  discussion  of  the  subject  of  the  appeal,  the  following 
resolution  was  adopted,  viz. : 

The  Assembly  having  heard  the  documents  in  this  case,  were  of 
opinion  that  the  way  is  not  clear  at  present,  for  a  reversal  of  the  sentence 
of  suspension ;  but  as  it  appears  to  the  Assembly  that  Mr.  Todd' s 
opinions  have  not  been  perfectly  understood,  and  whereas,  there  appears 
to  have  been  some  irregularity  as  to  the  nature  of  the  testimony  admitted 
on  the  trial  before  the  Presbytery;  therefore. 

Resolved,  That  the  Presbytery  of  Transylvania  be  directed  to  reconsider 
the  case  of  Mr.  Todd,  to  afford  him  another  opportunity  of  explaining 
himself,  and  if  they  should  be  satisfied,  to  restore  him  to  his  former 
standing.— 1817,  p.  666. 

2.    A  Synod  required  to  remand  the  case  to  a  Presbytery  for 

rehearing. 

The  Judicial  Commission,  to  which  was  referred  the  complaint  of  the 
Rev.  William  Bryant  and  others,  against  the  action  of  the  Synod  of 
Iowa,  in  the  case  of  A.  R.  Day,  presented  its  report,  which  was  ap- 
proved, and  ordered  on  record: 

The  Commission  decide  that  the  case  presents  a  question  of  interpreta- 
tion of  the  Constitution,  and,  therefore,  the  General  Assembly  has 
jurisdiction  to  hear  the  appeal.  The  Commission  adjudges  that  the 
Synod  of  Iowa  had  the  right  in  this  case  to  entertain  the  petition  of  A.  R. 
Day,  for  rehearing,  and  in  its  discretion  to  make  an  order  for  rehearing 
of  the  appeal  from  the  Presbytery  of  Waterloo.  But  the  Commis- 
sion is  of  the  opinion,  and  so  adjudges,  that  the  Synod  of  Iowa  erred  in 
its  judgment  in  dismissing  the  case,  and  adjudges  that  the  Synod  of 
Iowa  should  have  remanded  the  case  to  the  Presbytery  of  Waterloo  for 
retrial.     It  is,   therefore,  the  order  of  the  General  Assembly  that  the 


768  BOOK    OF    DISCIPLINE,    SECT.    99    (5). 

appeal  be  sustained,  and  that  the  Synod  of  Iowa  is  hereby  ordered  and 
required  to  remand  said  case  to  the  Presbytery  of  Waterloo  for  a  rehear- 
ing upon  the  specifications  originally  filed  therein. — 1888,  p.  132. 

[Note. — See  Form  of  Government,  Chap,  xii,  Sec.  iv,  p.  279.] 

3.    Complaint  sustained  and  Synod  ordered  to  hear  and  issue  the  case. 

The  Judicial  Commission  in  the  case  of  the  complaint  of  the  Rev. 
Nathaniel  West,  D.D. ,  against  the  Synod  of  Minnesota,  reported  their 
finding,  which  was  received,  confirmed,  ordered  to  be  entered  on  the 
minutes,  and  is  as  follows: 

The  Judicial  Commission  appointed  to  hear  the  complaint  of  the  Rev. 
Nathaniel  West,  D.D. ,  against  the  Synod  of  Minnesota,  referred  by  the 
General  Assembly  of  1889  to  this  General  Assembly,  sustain  so  much  of 
said  complaint  as  refers  to  the  refusal  of  the  Synod  of  Minnesota  to  hear 
the  complaint  of  Dr.  West  against  the  Presbytery  of  vSt.  Paul.  We 
judge  that  the  reasons  assigned  by  the  Synod  for  that  refusal  are  insuffi- 
cient. The  Synod  of  Minnesota  is  therefore  directed  at  its  next  stated 
meeting  to  hear  fully  the  complaint  of  Dr.  West  against  the  Presbyteiy 
of  St.  Paul,  upon  its  merits,  and  to  issue  the  same  according  to  the 
provisions  of  the  Book  of  Discipline.  The  facts  of  the  complaint 
subsequent  to  the  point  just  decided  are  necessarily  involved  in  the  full 
and  fair  hearing  of  Dr.  West's  complaint  against  the  Presbyteiy  of  St, 
Paul,  as  the  latter  complaint  covers  not  only  the  constitutional  powers  of 
the  Presbytery,  but  also  the  wisdom  of  their  exercise  under  the  circum- 
stances of  the  case. — 1890,  p.  109. 

4.    Judgment  reversed  and  case  remanded  for  new  trial. 

[Note. — See  case  of  Dr.  Charles  A.  Briggs,  this  Digest,  p.  46.] 

5.    Judgment  reversed  and  case  remitted  on  grounds  stated. 

On  the  complaint  of  William  H.  Beecher  and  others  against  the 
Synod  of  Genesee,  in  the  case  of  the  appeal  of  Dr.  Frank  from  the 
decision  of  the  Presbytery  of  Genesee,  the  General  Assembly  sustain  the 
complaint  and  reverse  the  judgment  of  the  Synod  on  the  following 
grounds,   viz. : 

1 .  That  the  merits  of  the  case  seem  to  be  expressly  declined  by  the 
Synod  as  the  subject-matter  of  adjudication. 

2.  That  the  Synod  appear  not  to  have  adhered  to  the  alternatives 
prescribed  by  the  Constitution.  See  Book  of  Discipline  (Old),  Chap, 
vii,  Sec.  iii,  Sub-sec.  x. 

3.  That  the  Synod  seem  to  have  forgotten  the  nature  and  the  limits  of 
their  appellate,  as  distinguished  from  the  original  jurisdiction  in  the  case, 
in  that  they  censure  at  their  bar  the  appellant,  in  a  way  competent,  in 
any  circumstances,  only  to  the  Session  of  the  church  to  which  the  appel- 
lant was  primarily  amenable. 

4.  That  they  seem  to  have  forgotten  also,  in  restoring  the  appellant, 
that  some  expression  of  repentance  ought  to  have  been  exacted,  especially 
if  their  reprimand  could,  from  any  tribunal,  have  been  deserved. 

The  Assembly  therefore  rule,  that  the  Synod  of  Genesee  should  review 
their  proceedings  in  this  case,  and  regarding  alike  the  rules  of  the  Con- 
stitution and  the  merits  of  the  case,  that  they  proceed  to  issue  the  same 
with  equity  and  wisdom. — 1840,  p.  11,  N.  S. 


OF    APPEALS.  769 

6.    Referred  back  to  the  judicatory  below,  with  instructions. 

a.  Whereas,  It  appears  that  the  decision  of  the  Syuod  of  Missouri  in 
the  case  of  the  complaint  of  Franklin  Knox  has  been  recorded  in  reso- 
lutions which  set  forth,  not  the  reasons  for  the  decision  in  the  case,  but 
which  are,  in  fact,  a  compromise ;  which  also  admit  that,  at  most,  there 
is  a  strong  presumption  of  guilt,  but  not  evidence,  agreeably  to  the  Con- 
stitution, sufficient  to  convict;  therefore. 

Resolved,  That  the  complaint  of  Franklin  Knox  against  the  Syuod  of 
Missouri  be  referred  back  to  the  lower  judicatory,  and  that  the  Synod  be 
and  hereby  is  instructed  to  reconsider  said  resolutions,  and  record  their 
decision  agreeably  to  the  evidence  and  the  principles  of  justice  recognized 
in  our  Constitution. — 1852,  p.  173,  N.  S. 

b.  The  Judicial  Commission  to  whom  was  referred  tlie  appeal  and 
complaint  of  the  Second  Presbyterian  church  of  Jacksonville,  111.,  and 
Rev.  Emanuel  R.  Firez  vs.  a  decision  of  the  Synod  of  Illinois  Central^ 
presented  their  report,  which  was  adopted,  and  is  as  follows: 

Your  Judicial  Commission  in  the  case  of  the  appeal  and  complaint  of 
the  Second  Presbyterian  church  of  Jacksonville,  111. ,  and  Rev.  Emanuel 
R.  Pirez  against  a  decision  of  the  Synod  of  Illinois  Central,  beg  leave  to 
report  that  they  find  the  action  of  the  Synod  of  Central  Illinois  defective 
in  that  it  does  not  recognize  the  fact,  which  appears  upon  the  records  of 
the  Presbytery,  that  charges  had  been  made  against  Rev.  Mr.  Pirez, 
affecting  his  moral  and  ministerial  character,  which  charges  had  been 
made  by  persons  recognized,  by  formal  vote  of  the  Presbytery,  as  accus- 
ers, and  which  charges  were  referred  by  the  Presbytery  to  a  Judicial 
Committee  with  instructions  to  report  thereupon,  but  which  charges  have 
never  been  brought  to  an  issue. 

This  Committee  do,  therefore,  sustain  the  complaint  and  appeal  of  the 
Second  Portuguese  church  and  of  Rev.  Emanuel  R.  Pirez,  so  far  as  to 
direct  the  Synod  to  remand  the  case  to  the  Presbytery,  with  instructions 
to  try,  or  formally  dismiss,  the  charges  above  mentioned,  and,  in  case  of 
his  innocence,  determine  the  question  of  the  expediency  of  the  continu- 
ance of  the  pastoral  relation,  in  such  a  manner  as  they  may  judge  to  be 
just  to  the  contending  parties  and  for  the  interests  of  religion. — 1874, 
p.  46. 

7.    The  decision  details  the  irregfularities  of  the  judicatories  below. 

The  consideration  of  the  report  of  the  Committee  appointed  to  prepare 
a  minute  on  the  subject  of  Mr.  Craighead's  appeal  from  a  decision  of 
the  Synod  of  Kentucky,  suspending  him  from  the  Gospel  ministry  oh 
certain  charges  of  heresy,  founded  on  a  sermon  preached  before  the 
Synod,  was  resumed,  and  after  some  discussion,  the  report  was  adopted, 
and  is  as  follows,  viz. : 

1.  The  General  Assembly  are  of  opinion  that  the  conduct  of  Mr. 
Craighead  in  preaching  such  a  sermon,  and  in  such  circumstances,  before 
the  Synod  of  Kentucky,  especially  as  he  had  been  suspected  by  his 
brethren  of  holding  erroneous  opinions,  was  highly  reprehensible. 

2.  The  General  Assembly  approve  the  conduct  of  the  Synod  in  relation 
to  this  matter.  While  they  were  firm  and  zealous  in  maintaining  what 
they  believed  to  be  truth,  they  were  to  an  uncommon  degree,  respect- 
ful and  affectionate  in  their  manner  of  dealing  with  Mr.  Craighead.  As 
the  sermon  was  delivered  in  their  hearing,  believing,  as  they  did,  that  it 

49 


770  BOOK    OF    DISCIPLINE,    SECT.    99    (5). 

contained  dangerous  error,  they  were  bound  to  take  notice  of  it  and 

express  their  opinion  to  the  preacher 

6.  It  is  not  surprising  that  in  a  case  so  new  and  difficult  some  con- 
siderable errors  in  point  of  form  should  have  occurred;  the  principal  of 
these  the  General  Assembly  will  now  briefly  point  out. 

(a)  There  was  a  great  deficiency  in  the  charge  preferred  against  Mr. 
Craighead  as  it  relates  to  precision.  All  charges  for  heresy  should  be  as 
definite  as  possible.  The  article  or  articles  of  faith  impugned  should  be 
specified,  and  the  words  supposed  to  be  heretical  shown  to  be  in  repug- 
nance to  these  articles,  whether  the  reference  is  made  directly  to  the 
Scriptures  as  a  standard  of  orthodoxy,  or  to  the  Confession  of  Faith, 
which  our  Church  holds  to  be  a  summary  of  the  doctrines  of  Scripture. 
But  in  none  of  the  charges  against  Mr.  Craighead  is  this  done;  and  in 
two  of  them,  third  and  fourth,  it  would  be  very  difficult  to  say  what 
articles  of  faith  are  supposed  to  be  contravened  in  the  errors  charged  on 
Mr.  Craighead.  And  the  last  two  charges  appear  to  be  so  vague  and 
indefinite  as  to  be  incapable  of  proof.  In  the  fifth  Mr.  Craighead  is 
charged  with  perverting,  etc.,  the  sentiments  of  the  preachers  and 
writers  in  our  connection.  Now,  in  our  connection,  there  are  a  multitude 
of  preachers  and  writers  differing  by  many  shades  of  opinion  from  each 
other.  How  then  can  this  be  a  just  ground  of  accusation  ?  In  the 
sixth,  he  is  charged  with  the  false  coloring  of  fiicts,  etc.  But  no  facts  are 
established  by  evidence;  none  are  specified  in  the  charge;  and  to  make 
it  a  just  ground  of  accusation,  it  ought  to  have  been  a  designed  and 
malicious  discoloring  of  the  facts,  etc. 

(b)  In  the  progress  of  this  case,  the  Presbytery  proceeded  regularly  to 
cite  the  accused,  once  and  again,  and  upon  his  not  appearing,  they 
proceeded  to  the  trial,  and  having  gone  through  the  evidence,  they 
referred  the  whole  to  the  Synod  to  adjudicate  upon  it,  Avith  the  expression 
of  their  own  opinion,  that  Mr.  Craighead  ought  to  be  suspended.  The 
Synod  met  immediately  after  Presbytery,  and  took  up  the  case,  and  in 
concurrence  with  the  opinion  of  the  Presbytery,  suspended  Mr.  Craighead 
from  the  Gospel  ministry. 

(e)  In  this  proceeding,  the  General  Assembly  are  of  opinion  that  there 
was  too  much  haste.  Mr.  Craighead  was  not  guilty  of  contumacy,  for 
he  wrote  two  letters  to  the  Presbytery,  excusing  himself  for  non-attend- 
ance; and  if  he  had  been  guilty  of  contumacy,  he  ought  to  have  been 
suspended  on  that  ground.  Perhaps  no  man  ought  to  be  tried  on 
charges  preferred,  and  to  be  supported  by  evidence,  who  is  not  present, 
without  his  own  consent.  A  trial,  in  the  nature  of  things,  cannot  be 
impartial  when  there  is  but  one  party  heard.  And  in  this  case  no 
injury  would  have  been  sustained  by  delay,  for  the  Synod  might  have 
proceeded  instantly  to  condemn  the  errors  of  Mr.  Craighead's  book,  as 
the  General  Assembly  did  in  the  case  of  The  Gospel  Flan  of  W.  C. 
Davis;  the  process  against  the  author,  however,  did  not  commence  till 
some  time  afterward.  But,  however  this  may  be,  the  General  Assembly 
think  that  the  Synod  were  in  too  much  haste.  It  was  reasonable  that 
Mr.  Craighead  should  have  been  informed  of  this  transfer  of  the  cause 
to  a  higher  tribunal. 

{d)  There  is  only  one  other  thing  in  the  proceedings  on  which  the 
General  Assembly  will  remark,  which  is,  that  statements  were  given  as 
evidence,  by  the  members  of  Presbytery,  which  are  not  recorded,  and 


OF   APPEALS.  771 

which  do  not  appear  to  have  beeu  given  under  the  usual  solemnity  of  an 
oath.— 1824,  pp.  120-122. 

8.    The  case  remitted  with  instructions. 

a.  Resolved,  That  as  the  proceedings  in  the  case  of  Mr.  Craighead 
have  beeu,  in  many  respects,  irregular,  and  he  has  suffered  much  injury 
from  the  delay  produced  by  these  irregularities:  And,  whereas,  also  the 
charges  are  not  so  conclusively  established  as  to  remove  all  doubt,  the 
General  Assembly  cannot  see  their  way  clear  finally  to  confirm  the 
sentence  of  the  Synod  of  Kentucky,  although  they  are  of  opinion,  that 
Mr.  Craighead  has  subjected  himself,  by  preaching  and  printing  this 
sermon,  to  just  censure.  But  as  Mr.  Craighead  has  had  no  fair  oppor- 
tunity of  vindicating  himself  or  of  making  satisfactory  explanations  or 
retractions,  therefore, 

Resolved,  That  the  whole  cause  be  transmitted  to  the  Presbytery  of 
West  Tennessee,  in  the  bounds  of  which  Mr.  Craighead  resides;  and 
that  they  be  directed  to  give  him  an  early  opportunity  of  offering  that 
satisfaction  which  the  Church  expects,  for  the  offence  received ;  and  that 
upon  receiving  such  explauations  or  retractions  as  to  them  shall  be  satis- 
factory, Mr.  Craighead  be  restored  to  the  Gospel  ministry  from  which  he 
had  been  suspended. — 1824,  p.  124. 

[Note. — Mr.  Craighead  was  restored  to  the  ministry  by  the  Presbytery  of  West 
Tennessee,  but  died  before  the  next  Assembly.] 

b.  See  complaint  of  Edwai'd  Graham  et  al.  vs.  the  Synod  of  the 
Pacific.  The  irregularities  are  detailed  and  the  case  remanded  to  the 
Synod  with  instructions.  See  Book  of  Discipline,  Chap,  v.  Sec.  xxiv, 
above.— 1881,  pp.  586,  587. 

C.  In  the  matter  of  the  complaint  of  Rev.  Edward  Graham  and 
others,  against  the  Synod  of  the  Pacific,  for  refusing  to  sustain  the  com- 
plaint of  Frederic  E.  Shearer,  and  others,  against  the  Presbytery  of  San 
Francisco,  for  its  action  in  dropping  the  name  of  the  Rev.  John  D. 
Strong  from  its  roll,  and  its  proceedings  in  regard  thereto,  the  General 
Assembly  of  1881  found  the  irregularities  and  deficiencies  in  the  records, 
both  of  the  Presbytery  and  of  the  Synod,  so  great,  and  the  information 
furnished  by  the  records  of  both  bodies  so  meagre,  that  it  could  not  come 
to  any  intelligent  decision.  The  General  Assembly  therefore  ordered 
"  that  the  complaint  be  referred  to  the  Synod  of  the  Pacific,  with 
instructions  to  take  such  action  in  the  premises  as  the  interests  of  religion 
and  the  good  order  of  the  Church  may  seem  to  them  to  demand  "  (see 
Minutes,  1881,  pp.  586,  587).  It  now  appears  that  the  Synod  of  the 
Pacific,  being  in  session  on  the  11th  day  of  October,  A.D.  1881,  and 
having  before  it  the  above-recited  action  of  the  General  Assembly  of 
1881,  adopted  the  following  resolutions: 

1.  "  The  Presbytery  of  San  Francisco  is  hereby  instructed  to  correct 
its  records  in  the  case  of  John  D.  Strong,  by  putting  on  record  a  minute 
giving  reasons  for  its  action  in  dropping  the  name  of  John  D.  Strong 
from  its  rolls." 

2.  "  The  Synod  of  the  Pacific,  in  the  case  of  the  complaint  of  Rev. 
Frederic  E.  Shearer  and  others  against  the  Presbytery  of  San  Francisco, 
hereby  corrects  the  deficiency  of  its  records  by  adopting  the  following 
minute  or  record  as  its  judgment  in  the  case:  Resolved,  That  the  Synod 
of  the  Pacific  do  not  sustain  the  complaint  against  the  action  of  the 
Presbytery  of  San  Francisco  in  the  case  of  John  D,  Strong,  believing 


772  BOOK    OF    DISCIPLINE,    SECT.    99    (5). 

that  the  action  of  the  Presbytery  was,  under  the  circumstances,  the  best 
course  for  the  interests  of  religion  and  the  good  order  of  the  Church. ' ' 

Against  this  action  of  the  Synod  of  the  Pacific,  complaint  is  now  made 
to  the  Assembly  by  Rev.  Frederic  E.  Shearer  and  seventeen  other 
members  of  that  Synod.  It  appears,  therefore,  that  the  Synod  of  the 
Pacific,  while  declaring  its  intention  to  correct  the  deficiency  of  its 
records,  did  not  in  any  respect  correct,  but  did  in  reality  increase,  the 
irregularities  in  its  proceedings,  by  directing  the  Presbytery  of  San 
Francisco  to  correct  its  records  by  giving  reasons  for  its  action,  and 
thereupon  immediately  proceeding  to  assign  the  reasons  for  its  own  action, 
forgetting  apparently  that,  as  an  appellate  judicatory,  the  Synod  must 
await  the  correction  and  completion  of  the  record  of  the  Presbytery 
before  it  could  correct  its  own.  Perhaps  the  irregularity  of  this  action 
is  more  evident  when  it  is  observed  that  the  reason  assigned  by  the 
Synod  for  not  sustaining  the  complaint  against  the  Presbytery  is  couched 
in  the  same  language  used  by  the  General  Assembly  of  1881  in  its 
instructions  to  the  Synod,  and  asserts  that  the  action  of  the  Presbytery, 
declared  by  the  General  Assembly  of  1881  to  be  so  defective  and  irregu- 
lar, was  the  best  *'  for  the  interests  of  religion  and  the  good  order  of  the 
Church." 

It  is  difficult  to  understand  how  this  action  could  be  supposed  to  satisfy 
the  instructions  of  the  General  Assembly  of  1881;  and  yet  the  Commit- 
tee would  be  very  reluctant  to  infer  that  the  Synod  intended  to  be  obedi- 
ent to  the  letter  and  disobedient  to  the  spirit  of  those  instructions.  But 
the  good  order  of  the  Church  certainly  requires  that  the  Synod  should 
in  a  proper  manner  obey  them.  And  it  is  manifest  that  it  is  no  more 
possible  for  this  General  Assembly  than  it  was  for  that  of  1881  to  reach 
an  intelligent  decision  in  the  present  condition  of  the  records. 

The  Committee  recommend,  therefore,  that  the  complaint  be  referred 
to  the  Synod  of  the  Pacific,  with  instructions  to  refer  the  matter  to  the 
Presbytery  of  San  Francisco,  with  instructions  to  that  Presbytery  to 
proceed  in  the  case  in  an  orderly  manner.  Adopted. — 1882,  pp.  100, 
101. 

9.    Unconstitutional  acts  detailed.    The  case  remanded. 

The  Committee  to  prepare  a  minute  expressive  of  the  sense  of  the 
Assembly  in  sustaining  the  complaint  of  Rev.  J.  A.  Smylie  against  the 
Synod  of  Mississippi,  submitted  the  following,  which  was  adopted,  viz.  : 

1.  That  the  decision  of  this  Assembly  in  sustaining  the  complaint  of 
Rev.  Mr.  Smylie  against  the  Synod  of  Mississippi  is  not  to  be  regarded 
as  deciding  the  merits  of  the  original  question — that  is,  the  guilt  or  in- 
nocence of  the  individual  in  respect  to  whom  this  case  originated. 

2.  That  the  Presbytery  of  Louisiana  should  have  recorded  the  results 
of  the  interlocutory  meeting  referred  to  in  the  complaint. 

3.  That  the  Synod  acted  unconstitutionally  in  permitting  the  Presby- 
tery of  Louisiana  to  vote  on  the  adoption  of  the  report  of  the  Judicial 
Committee  on  the  complaint  of  Rev.  Mr.  Smylie. 

4.  That  the  Synod  should  have  placed  on  its  records  the  above-men- 
tioned report. 

5.  That  the  Presbytery  of  Louisiana  erred  in  pleading  the  limitation 
of  time  for  their  non-compliance  with  the  resolution  of  the  Synod, 
referring  this  whole  case  to  them  for  a  full  investigation. 

6.  That  the  case  be  remanded  to  the  Presbytery  of  Louisiana  accord- 


OF    APPEALS.  773 

ing  to  the  resolution  of  the  Synod,  for  such  action  as  is  demanded  by 
the  Book  of  Discipline. 

7.  That  the  decision  of  the  Assembly,  together  with  the  foregoing 
minute,  be  recorded  in  the  minutes  of  the  Synod  of  Mississippi  and  of 
the  Presbytery  of  Louisiana. — 1850,  p.  481,  O.  S. 

10.    Referred  back  by  consent  of  parties. 

Judicial  business  No.  9,  reported  by  the  Judicial  Committee,  viz.,  the 
complaint  of  Alexander  M.  Cowan  against  the  Synod  of  Utica,  was 
taken  up  and  the  complaint  read,  when,  with  the  consent  of  Mr.  Cowan 
and  the  members  of  the  Synod  present,  it  was 

Resolved,  That  the  subject  be  referred  back  to  the  Synod  of  Utica; 
and  they  are  hereby  directed  to  issue  the  case  as  referred  to  them  by  the 
Presbytery  of  Otsego. — 1834,  p.  434. 

11.    Discretion  of  a  judicatory  is  not  subject  to  review. 

They  had  the  right  to  send  the  case  back  to  the  Presbytery  or  to 
review  the  whole  of  it,  according  to  their  discretion.  It  is  not  for  this 
€ourt  to  decide  which  would  have  been  the  wiser  course.  The  Synod 
judged  it  best  to  review  the  whole  case,  and  their  discretion  is  not  a 
matter  of  review  by  this  body. — 1864,  p.  475,  N.  S. 

[Note. — Case  of  S.  Edwards  Todd.  See  also  Book  of  Discipline,  Sec.  Ixxxiii,  7  and 
8  ;  the  misuse  or  abuse  of  discretionary  power  is  reviewable ;  see  Book  of  l3iscipline, 
Sec.  xii,  p.  638.] 

12.    Remitted  on  the  recommendation  of  the  Judicial  Committee. 

a.  Also,  a  complaint  of  Christian  Kern  and  others  of  the  First  Pres- 
byterian church  of  New  Orleans. 

The  Committee  recommend  that  it  be  again  referred  to  the  Presbytery 
of  New  Orleans,  with  the  injunction  that  the  complainants  be  allowed  a 
hearing.     Adopted. — 1871,  p.  547. 

b.  The  Judicial  Committee  reported  an  appeal  of  the  Rev.  Francis 
M.  Dimmick  from  the  Presbytery  of  Missouri  River,  recommending 
that  the  papers  in  the  case  be  returned  to  the  parties  presenting  them, 
that  they  may  be  adjudicated  by  the  Synod  of  Iowa  South. 

The  recommendation  was  adopted. — 1872,  p.  50. 

C.  The  Judicial  Committee  reported  a  complaint  of  the  Rev.  Christian 
Kern  against  the  Presbytery  of  New  Orleans.  The  Committee  recom- 
mend that  the  complainant  be  referred  to  his  Synod  for  redress. 

The  report  was  adopted. — 1872,  p.  84. 

13.    In  passing  judgment  a  judicatory  may  not  open  a  case 
already  settled. 

Judicial  Case  No.  11  is  the  appeal  of  Dr.  Thomas  F.  Worrell  against 
the  Synod  of  Illinois,  together  with  the  complaint  of  the  Rev.  Isaac  A. 
Cornelison  against  the  same  Synod. 

The  Committee  report  that  the  appeal  and  complaint  relate  to  the  same 
matter,  and  they  recommend  that  they  be  tried  together  as  one  cause. 

The  papers  are  in  order,  and  the  case  is  ready  for  trial. 

The  Committee  find,  further,  that  the  Synod,  in  a  minute  expressing 
its  judgment  in  a  case  then  pending,  to  which  Dr.  Worrell  was  a  party, 
adopted  the  following  as  a  part  of  their  judgment:  ''And,  further,  inas- 
much as  this  trial  grew  out  of  a  previous  one  with  Dr.  Worrell,  in  which 
the  adjustment  partook  of  the  nature  of  a  compromise,  and  certain  irregu- 


774  BOOK    OF    DISCIPLINE,    SECT.    99    (5). 

larities  which  are  not  constitutional ;  and  as  the  ends  of  discipline  were  not 
accomplished  in  the  case  of  Dr.  Worrell,  the  Session  of  that  church 
should  review  their  proceedings  in  his  case. ' '  This  part  of  the  minutes 
is  the  subject-matter  of  the  appeal  and  complaint.  In  the  judgment  of 
the  Committee,  it  was  not  competent  for  the  Synod,  when  judicially- 
determining  one  case,  to  open  another  case  already  settled  and  deter- 
mined ;  this  last  case  having  been  adjusted  two  years  before,  and  the 
record  of  the  adjustment  having  already  passed  before  Synod  by  way  of 
review  and  control.  The  Committee,  therefore,  recommend  that  the 
ap2:)eal  of  Dr.  Worrell  be  sustained.  The  complaint  of  Mr.  Cornelisou 
being  to  the  same  effect  is  determined  by  this  judgment  on  the  appeal.  — 
1863,  p.  67,  O.  S. 

14.  The  decision  sustains  the  lower  judicatory  in  part,  but  a  person 
once  restored  can  be  condemned  again  only  by  new  process  and 
conviction. 

The  appeal  of  the  Presbytery  of  Onondaga,  from  a  decision  of  the 
Synod  of  Geneva,  relative  to  the  restoration  of  the  Rev.  John  Shepherd 
to  the  Gospel  ministry,  who  had  been  deposed  by  the  Association  of 
Fairfield,  Conn.     The  following  resolutions  were  adopted,  viz. : 

Resolved,  1.  That  the  decision  of  the  Synod  of  Geneva  relative  to  the 
restoration  of  the  Rev.  John  Shepherd  to  the  office  of  the  Gospel  minis- 
try, so  far  as  it  censures  the  restoration  of  said  Shepherd,  who  was 
deposed  by  a  judicatory  of  the  Church  of  Christ  in  fellowship  with  us, 
be  and  hereby  is  confirmed;  because  it  did  not  appear  from  the  records 
of  the  Presbytery  of  Onondaga,  that  said  restoration  took  place  in  con- 
sequence of  any  confession  of  the  alleged  crime  for  which  the  said  Shep- 
herd was  deposed,  or  of  any  profession  of  penitence  for  it,  or  of  any 
conference  with  the  judicatory  Avhich  deposed  him. 

2.  That  the  appeal  of  the  Presbytery  of  Onondaga,  so  far  as  it  relates 
to  the  rescinding  of  their  vote  to  restore  the  Rev.  John  Shepherd,  be  and 
hereby  is  sustained  on  the  second  reason  of  appeal,  and  upon  that  alone; 
because  the  Assembly  judges  that  a  minister  of  the  Gospel,  when  onc3 
restored  by  Presbyterial  authoi'ity,  cannot  be  deprived  of  his  office, 
except  it  be  by  a  new  process  and  conviction. — 1818,  p.  687. 

15.    The  decision  reverses  all  the  judicatories  below  and  restores 

the  appellant. 

The  Assembly  took  up  the  appeal  of  Dr.  John  Rollins  from  a  decision 
of  the  Synod  of  West  Tennessee,  affirming  a  decision  of  the  Presbytery 
of  Mississippi,  affirming  a  decision  of  the  Session  of  the  First  church 
of  New  Orleans,  by  which  he  had  been  excluded  from  the  privileges  of 
the  church 

The  final  vote  was  taken  when  the  appeal  was  sustained,  and  the 
decision  of  the  Synod  was  reversed,  and  Dr.  Rollins  was  restored  to  the 
privileges  of  the  church. — 1830,  p.  307. 

16.    The  decision  declares  and  decides  the  several  issues  involved. 

The  Committee  appointed  to  express  the  judgment  of  this  Assembly 
on  the  memorial  and  complaint  of  the  Session  of  the  Fifth  church  of 
Philadelphia,  recommended  the  adoption  of  the  following  resolutions, 
which  were  accordingly  adopted,  viz. : 

1.  Inasmuch  as  the  act  of  the  Synod  of  Philadelphia,  uniting  the 
Second  Presbytery  of  Philadelphia  to  the  Presbytery  of  Philadelphia, 


OF    APPEALS.  775 

was  in  contravention  of  the  act  of  the  General  Assembly  passed  in 
1832,  by  which  that  Presbytery  was  erected,  and  inasmuch  as  the  act  of 
the  Synod  aforesaid,  by  an  appeal,  was  to  be  reviewed  and  acted  on,  by 
the  next  General  Assembly;  therefore. 

Resolved,  That  the  complainants  of  the  Fifth  church  erred  in  chang- 
ing their  Presbyterial  relation,  and  uniting  with  the  Second  Presbytery  of 
Philadelphia  Synodical. 

2.  While  Presbyteries  have  the  right,  according  to  the  Constitution, 
to  visit  the  churches  under  their  care,  to  take  measures  to  correct  any 
evils  that  may  exist  in  them,  nevertheless,  as  in  this  case,  the  Session 
presented  no  request,  and  there  was  no  apprehension  that  the  pulpit 
would  not  be  supplied,  the  Assembly  think  the  Second  Presbytery  erred 
in  insisting  on  the  right  to  supply  the  pulpit  of  the  Fifth  church  under 
the  then  existing  state. 

3.  As  the  majority  of  the  Session  felt  themselves  constrained  to  leave 
their  house  of  worship,  and  were  accompanied  by  a  large  number  of  the 
communicants,  and  as  they  had  a  show  of  reason  for  applying  to  the 
Second  Presbytery  Synodical,  by  the  act  of  the  Synod  of  Philadelphia 
forming  that  Presbytery,  the  decision  of  the  Second  Presbytery  in 
declaring  the  four  elders  no  longer  elders  of  the  Fifth  church  under  their 
care,  if  designed  to  affect  either  their  character  or  their  standing,  is 
hereby  declared  to  be  void. 

4.  In  the  opinion  of  this  Assembly,  the  entire  Fifth  church  is  under 
the  care  of  the  Second  Presbytery  of  Philadelphia,  and  it  is  hereby 
declared  to  be  an  integral  part  of  it. — 1834,  p.  452. 

17.    The  decision  restores  the  status  quo. 

The  appeal  and  complaint  of  Thomas  Bradford,  Esq.,  and  others 
against  a  decision  of  the  Second  Presbytery  of  Philadelphia,  dividing 
the  Fifth  Presbyterian  church  in  Philadelphia  into  two  churches. 

The  question  was  put,  "  Shall  the  appeal  and  complaint  be  sustained  ?" 
and  was  carried  in  the  affirmative. 

Whereupon  it  is  ordered  and  decreed  by  this  General  Assembly  that 
the  act  and  decision  of  the  Second  Presbytery  of  Philadelphia,  which 
divides  the  Fifth  Presbyterian  church  of  the  citj  of  Philadelphia  into 
two  distinct  churches  be  and  the  same  is  hereby  reversed ;  and  the  said 
Presbytery  is  hereby  directed  to  restore  to  the  Session  of  said  church  the 
book  of  minutes  of  said  Session. — 1835,  p.  478. 

18.    A  superior  judicatory  may  not  compel  an  inferior  to  reverse 
its  decision  without  assigning  reasons. 

a.  The  report  of  the  Committee  on  the  Records  of  the  Synod  of 
Pittsburgh,  as  amended,  was  adopted  as  follows: 

Your  Committee  would  respectfully  report  that  the  records  have  been 
well  kept,  and  are  in  good  order. 

And  would  further  report  that  on  pages  214  and  215  we  find  this 
minute:  "  The  Judicial  Committee  report,"  etc.,  etc.      (See  Minutes.) 

The  case  appears  to  have  been  taken  up,  and  the  parties  heard ;  and 
on  page  227  it  is  recorded,  "The  complaints,"  etc.,  etc.;  also,  "A 
Committee,"  etc.  ;  and  on  page  231,  "  The  report  of  said  Committee," 
"In  not  sustaining,"  etc.  We  also  find,  on  page  227,  this  minute, 
'  *  The  Committee  on  the  Records, ' '  etc. 

With  reference  to  this  action,  your  Committee  would  respectfully  move 


776  BOOK    OF    DISCIPLINE,    SECT.     100. 

the  adoption  of  the  following  minute,  viz. :  Inasmuch  as  it  is  contrary  to 
the  spirit  and  principles  of  the  Presbyterian  Church,  and  subversive  of 
the  true  design  of  ecclesiastical  discipline,  for  a  superior  judicatory  to 
compel  an  inferior  court  to  reverse  its  decision,  rendered  after  a  full,  fair 
and  impartial  trial,  without  assigning  and  placing  on  record  some  specific 
reason  for  such  reversal,  that  the  records,  so  far  as  they  relate  to  this 
point  in  this  case,  be  disapproved.     Adopted. — 1874,  p.  86. 

b  The  Judicial  Commission  appointed  in  case  No.  5,  being  the  appeal 
of  Mrs.  M.  J.  Browning  from  a  decision  of  the  Synod  of  Geneva,  pre- 
sented the  following  report,  which  was  ordered  on  record  as  the  judgment 
of  the  Assembly: 

That  the  Assembly  sustain  the  appeal: 

1.  Because  a  superior  court  cannot  order  an  inferior  court  to  re- 
hear a  case  already  decided,  when  no  intimation  of  additional  evidence 
is  given. 

2.  Because,  in  sending  back  the  case  the  Synod  passed  by  the  Presby- 
tery, in  which  the  case  had  once  been  adjudicated. 

3.  Because  reference  is  by  a  lower  to  a  superior  court,  and  is  vol- 
untary and  not  subject  to  the  order  of  a  higher  court. — 1878,  p.  34. 

19.  The  decision  explains  the  true  intent  of  the  action  complained  of. 
Deposition  by  another  denomination  after  reception  to  member- 
ship in  Presbytery  does  not  impair  good  standing. 

The  General  Synod  of  the  Reformed  Church  in  America  complained 
against  the  Presbytery  of  Philadelphia  Central,  for  the  folloAving  causes: 

1.  The  Presbytery,  on  the  9th  of  June  last,  received  under  its  care  a 
congregation  which  had,  until  that  time,  been  under  the  care  of  a  Classis 
of  the  Reformed  Church  and  had  been  known  as  the  Third  Reformed 
church  of  Philadelphia,  and  united  it  with  the  Western  Presbyterian 
church  of  Philadelphia,  giving  the  new  organization  the  name  of  Im- 
manuel  Church. 

2.  On  November  17,  1873,  the  Presbytery  received,  as  a  member, 
Rev.  Charles  Wadsworth,  a  member  until  then  of  the  Classis  of  Phila- 
delphia— the  Classis  having  refused  to  grant  him  letters  of  dismission. 

The  delegate  of  the  Reformed  Church,  as  instructed  by  the  General 
Synod,  presents  these  facts  to  the  consideration  of  the  General  Assembly, 
alleging  that  the  action  of  the  Presbytery  "isnot  in  accordance  with 
the  friendly  spirit  of  the  terms  of  the  correspondence  which ,  exists 
between  the  General  Assembly  of  the  Presbyterian  Church  and  the 
General  Synod  of  the  Reformed  Church." 

The  Special  Committee  reported,  and  their  report  was  adopted,  viz. : 
Your  Committee,  after  attentive  study  of  the  case,  reach  the  following 
conclusions : 

1.  There  is  no  reason  to  think  that  the  Presbytery  had  any  disposition 
to  encroach  upon  the  province  of  the  Classis,  or  to  disturb  either  the 
pastoral  or  ecclesiastical  relations  of  one  of  its  congregations. 

They  appear  simply  to  have  been  willing  to  receive,  in  brotherly  love, 
a  congregation  and  a  minister  who  wished  to  come  to  them  from  a  sister 
Church,  to  whose  judicatory  no  unkindness  and  no  discourtesy  was 
intended,  and  with  which  the  Presbytery  desired  the  most  cordial  fellow- 
ship. 

2.  The  Presbytery  seems  to  us  to  have  erred  in  not  directly  consulting 
the  Cla.ssis,  so  as  to  make  sure  that  there  had  been  no  mistake  as  to  the 


OF   APPEALS.  777 

facts,  and  that  the  fraternal  spirit  in  which  the  Presbytery  desired  to  act 
might  have  been  manifest  to  the  Classis  from  the  beginning. 

3.  While  we  regret  this  unintended  lack  of  courtesy  on  the  part  of 
the  Presbytery,  we  cannot  deny  the  right  of  a  congregation  or  of  a  minis- 
ter to  withdraw  from  the  jurisdiction  of  either  a  Classis  or  Presbytery  for 
reasons  such  as  those  alleged  in  this  case.  To  forbid  this  would  seem  to 
us  "  not  in  accordance  with  the  friendly  spirit  of  the  terms  of  the  corre- 
spondence "  between  the  two  bodies,  and  an  injurious  abridgment  of 
congregational  and  ministerial  liberty, 

4.  The  question  of  property  is  to  be  left  to  the  civil  tribunal.  The 
Assembly  exhorts  the  congregation  to  submit  it  frankly  and  unreservedly 
and  by  no  means  to  imperil  spiritual  interests  by  protracted  or  strenuous 
litigation. 

5.  The  Assembly  cannot  regard  the  act  of  the  Classis,  in  deposing 
Mr.  Wadsworth,  after  his  reception  to  membership  in  the  Presbytery,  in 
the  state  of  facts  already  recited,  as  impairing  his  good  standing  in  the 
Church  and  the  ministry. — 1874,  pp.  62,  63. 

C.  When  the  judgment  directs  admonition  or  rebuke,  notice  of  Appeal 
shall  suspend  all  further  proceedings ;  but  in  other  cases  the  judgments 
shall  be  in  force  until  the  Appeal  is  decided. 

1.    An  appeal  arrests  all  further  proceeding's  until  it  be  issued. 

It  moreover  appears  that  the  General  Assembly  of  the  year  aforesaid, 
having  adopted  the  protest  of  the  members  of  the  Syno^  of  Kentucky 
as  their  own  act,  did  declare  that  Mr.  Craighead  had  been  deposed, 
whereas  the  decision  of  the  Synod  was  suspension ;  and  although  the 
Synod  did  direct  the  Presbytery  to  which  Mr.  Craighead  belonged  to  de- 
pose him,  if  he  did  not  at  their  next  stated  meeting,  retract  his  errors, 
this  sentence  could  not  have  been  constitutionally  inflicted,  because  Mr. 
Craighead  appealed  from  the  decision  of  Synod ;  the  effect  of  which  was  to 
an-est  all  further  proceedings  in  the  case  until  the  appeal  should  be  tried ; 
therefore,  the  sentence  of  the  Assembly  declaring  Mr.  Craighead  deposed 
does  not  accord  with  the  sentence  of  the  Synod,  which  was  suspension. 
—1822,  p.  52. 

[Note. — Where  the  case  is  continued  at  the  request  of  the  appellant,  the  sentence 
remains  in  full  force  until  the  case  is  issued. — 1858,  p.  580,  N.  S.  See  Sec.  xcvii,  above, 
case  of  C.  H.  Baldwin,  p.  737.] 

2.   Interpretation  of  Section  100. 

The  Judicial  Commission  appointed  by  the  General  Assembly  to  try 
Judicial  Case  No.  7  reports  for  approval  its  judgment  upon  the  following 
questions  of  Constitution  and  law: 

1.  According  to  Sec.  100  of  the  Book  of  Discipline,  "  When  the  judg- 
ment directs  admonition  or  rebuke,  notice  of  appeal  suspends  all  further 
proceedings,  but  in  other  cases  "  (viz.,  when  the  judgment  directs  sus- 
pension, deposition  or  excommunication,  see  Sec.  iv)  "  the  judgment 
shall  be  in  force  until  the  appeal  is  decided, ' '  and  this  we  interpret  to  mean 
until  it  is  finally  decided  by  the  highest  judicatory  to  which  the  case  is 
carried. 

2.  After  a  Synod  or  a  Commission  of  Synod,  sitting  as  a  court  for  the 
trial  of  a  case,  has  concluded  the  case,  and  adopted  its  final  judgment, 
and  the  same  is  a  matter  of  record,  it  is  not  competent  for  the  Synod  in 


778  BOOK    OF    DISCIPLINE,    SECT.    100-101. 

ordinary  session  and  not  constituted  as  a  court,  to  interpret  the  judgment 
or  in  any  way  to  modify  it.     Approved. — 1896,  p.  151. 

3.  To  proceed  to  trial  while  the  appeal  is  pending  is  unconstitu- 
tional and  void.  The  Assembly  and  not  the  inferior  judicatories 
is  the  judge  of  the  question  of  constitutionality. 

Appeal  of  John  W.  Chambers  vs.  the  Presbytery  of  St.  Clairsville. 
In  this  case,  Mr.  Chambers  gave  notice  of  appeal  and  complaint,  which 
is  duly  certified  by  the  Stated  Clerk  of  the  Synod  of  Ohio  as  having 
been  lodged  in  due  time.  A  copy  of  the  appeal,  etc.,  and  reasons  are 
annexed. 

In  this  case  the  Judicial  Committee  are  not  able,  from  the  record,  or 
from  the  papers  of  the  appellant,  to  decide  that  the  decision  of  the 
Synod  was  irregular  in  the  respects  specified.  But  it  appears  from  the 
accompanying  papers  that  the  Session  of  the  church  at  St.  Clairsville 
proceeded  at  once  to  cite  the  appellant  to  appear  for  trial  notwithstand- 
ing the  fact  that  he  had  notified  them  of  the  fact  that  he  had  taken  an 
appeal  from  the  decision  of  the  Synod,  on  the  ground  of  the  irregularity, 
i.  e.,  unconstitutionality  of  its  action.  The  Assembly,  not  the  inferior 
judicatories,  is  the  judge  of  the  question  of  constitutionality.  The 
Committee  recommend  that  the  appeal  be  dismissed,  and  that  the 
proceedings  of  the  Synod  be  approved;  but  that  the  action  of  the  Ses- 
sion of  the  church  of  St.  Clairsville,  in  proceeding  to  trial,  while  the 
appeal  was  pending,  is  unconstitutional  and  void. — 1890,  p.  130. 

4.    Suspension  is  continued  until  the  issue  of  the  appeal,  which 
must  be  at  the  next  meeting  of  the  judicatory  above. 

T.  F.  Worrell  requested  the  Assembly  to  answer  the  following  quas- 
tion,  viz..  Whether,  when  a  person  is  suspended  from  the  church  by  a 
Session,  and  restored  by  the  Presbytery,  the  notice  of  appeal  by  the  Ses- 
sion continues  the  person  under  suspension ;  and  if  so,  how  long  can  such 
suspension  be  continued  without  the  appeal  being  issued  ? 

The  Committee  recommend  that  the  following  answer  be  returned,  viz. : 
That  the  notice  of  appeal  does  continue  the  person  under  suspension  until 
the  appeal  is  issued,  which  must  be  at  the  next  meeting  of  the  upper 
court. 

The  recommendation  was  adopted. — 1862,  p.  597,  O.  S. 

5.  An  appeal  against  certain  action  does  not  debar  the  judicatory 
from  acting  upon  the  continued  disturbed  state  of  the  Church. 
The  question  of  a  dissolution  of  the  pastoral  relation  between  Dr. 
McPheeters  and  the  Pine  Street  church  was  originally  brought  in  an 
orderly  manner  before  the  Presbytery,  by  petition  from  a  minority  of  said 
church,  and  a  personal  tender  of  resignation  by  the  pastor,  and  after  all 
the  constitutional  steps  were  taken  Avith  care  and  deliberation  was  decided 
by  the  Presbytery  acting  for  the  peace  and  welfare  of  the  church. 

That  which  was  called  an  appeal  and  complaint  to  Sjmod  from  that 
action  could  not  so  suspend  all  further  proceedings  as  to  prevent  the 
Presbytery  from  considering  and  acting  upon  the  continued  disturbed 
state  of  that  congregation. — 1864,  p.  327,  O.  S. 

[Note.— See  Form  of  C4overnment,  Chap.  x.  Sec.  viii.  Also  Book  of  Discipline, 
Sec.  Ixxxv.  One-third  of  a  .indicatory  can  suspend  the  operation  of  a  complaint  in 
cases  non-judicial.    See  p.  717.] 


OF   APPEALS.  779 

6.  Where  a  Session  is  dissolved  an  appeal  continues  the  rights  of 
the  elders  as  to  the  higher  judicatories  until  it  is  issued. 

An  overture  from  the  Presbytery  of  Louisville: 

"  When,  by  an  act  of  Presbytery,  a  church  Session  is  dissolved,  and 
the  elders  composing  said  Session  are  ordered  to  cease  any  longer  to  exer- 
cise their  office,  does  an  appeal  from  this  action  to  a  higher  court,  by 
said  elders,  secure  to  them  the  right  to  sit  in  the  various  judicatories  of 
the  Church  until  said  appeal  is  decided  ?" 

Answer :  The  effect  of  an  appeal  is  to  continue  all  the  rights  of  the 
elders,  as  to  representation  in  the  higher  courts,  until  the  appeal  is  finally 
issued  by  the  higher  judicatories.     Adopted. — 1881,  p.  587. 

[Note. — Under  the  present  Book  this  could  be  entertained  as  a  complaint  only,  in 
which  case  Sec.  Ixxxv,  p.  717,  provides  that  one-third  of  the  members  may  stay  the 
execution  of  the  decision  until  the  final  issue  of  the  case.] 

CI.  The  judicatory  whose  judgment  is  appealed  from  shall  send  up  its 
records,  and  all  the  papers  relating  thereto,  and  filed  with  the  record. 
If  it  fails  to  do  this,  it  shall  be  censured ;  and  the  sentence  appealed  from 
shall  be  suspended,  until  a  record  is  produced  on  which  the  issue  can 
be  fairly  tried. 

1.    Copies  made  by  the  appellant  not  sufficient.    The  records  or 
authenticated  copies  required. 

That  by  the  "  forms  of  processes,"  etc.,  Mr.  Bourne  ought  to  be 
"  allowed  copies  of  the  whole  proceedings  "  in  his  case;  yet  "  the  judi- 
catory appealed  from  ' '  is,  by  the  same  rules,  ' '  to  send  authentic  copies 
of  the  whole  process ;' '  his  copy,  therefore,  which  he  says  was  taken  by 
himself,  but  is  not  shown  to  the  Assembly,  is  not  sufficient;  his  affidavit 
is  not  required  by  the  course  of  proceeding  in  this  body ;  and  the  three 
papers  presented  by  him  are  not  to  be  considered  as  the  commeu cement  of 
a  cause,  or  the  entry  of  an  appeal  in  this  judicatory.  Nevertheless,  Mr. 
Bourne  shall  not  suffer  any  inconvenience  which  the  Assembly  can  pre- 
vent on  the  account  of  any  failures  of  the  inferior  judicatories,  if  a 
default  should  in  future  appear  on  their  part,  the  evidence  of  such 
circumstance  being  not  as  yet  made  clear  to  tliis  Assembly. — 1816,  p.  627. 

2.    On  the  failure  of  the  judicatory  to  send  up  authenticated 
copies  of  the  testimony,  the  appeal  is  sustained. 

The  Committee  appointed  to  prepare  a  minute  on  the  decision  of  the 
Assembly  sustaining  the  appeal  of  Mr.  Pope  Bushnell  from  a  decision  of 
the  Synod  of  New  York,  affirming  the  decree  of  the  Presbytery  of  Hud- 
son, by  Avhich  the  said  Mr,  Bushnell  had  been  suspended  from  the 
privileges  of  the  Church,  made  the  following  report,  which  was  adopted, 
viz. : 

That  the  appellant,  having  given  due  notice  that  he  did  appeal, 
appeared  regularly  before  the  Assembly ;  and  that  while  the  Presbytery 
and  Synod  have  sent  up  their  records  in  the  case,  neither  has  forwarded 
to  this  Assembly  an  authentic  copy  of  the  testimony  taken  on  the  trial. 
The  Assembly  did  therefore  decide  that  Mr.  Bushnell' s  appeal  be  and  it 
hereby  is  sustained,  so  that  he  is  restored  to  all  his  rights  and  privileges 
as  a  member  of  the  Church  of  Christ. — 1826,  p.  187. 


780  BOOK    OF    DISCIPLINE,    SECT.    101. 

3.    Where  judicatories  fail  to  send  up  documents  the  case  is 

remanded. 

It  appearing  from  the  official  certificates  of  the  Stated  Clerks  of  all 
the  courts  below  that  important  documents  in  evidence  before  the  Session 
which  first  tried  the  case  were  not  sent  to  the  Presbytery  and  Synod,  it 
is  therefore 

Ordered,  That  this  case  be  sent  back  to  the  Presbytery  of  Charleston 
for  a  new  trial,  and  that  the  Session  of  the  church  of  Columbia  be 
directed  to  correct  their  record  and  to  send  to  Presbytery  an  authentic 
copy  of  all  the  evidence  and  all  the  documents  before  them. — 1843,  p. 
186,  O.  S. 

4.    The  judicatory  directed  to  perfect  its  records  and  send  up  to  the 
Assembly  its  reasons  for  the  action  complained  of 

Complaint  of  the  Rev.  Dr.  N.  West  against  the  Synod  of  Minnesota. 
Dr.  West  complains  against  the  Synod  of  Minnesota  for  its  refusal  to 
entertain  a  complaint  against  the  Presbytery  of  St.  Paul  on  certain 
grounds  stated  in  his  complaint.  Our  Book  requires  that  the  judicatory 
whose  judgment  is  appealed  from  shall  send  up  its  records,  and  all  the 
papers  relating  thereto,  and  filed  with  the  record,  and  failing  to  do  so  the 
sentence  appealed  from  shall  be  suspended  until  a  record  is  produced  on 
which  the  case  can  be  fairly  tried. 

In  view  of  the  fact  that  the  Synod  of  Minnesota  has  failed  to  record 
its  reasons  for  rejecting  the  complaint  of  Dr.  N.  West,  and  also  that  the 
records  in  the  case  are  otherwise  incomplete,  your  Committee  recommend 
that  the  hearing  of  the  complaint  be  deferred  to  the  next  General  Assem- 
bly and  that  iu  the  meantime  the  Synod  of  Minnesota  be  directed  to 
perfect  the  records  and  to  forward  to  the  next  General  Assembly  the 
reasons  for  their  action  in  the  matters  complained  of  by  Dr.  West,  and 
that  the  Synod  shall  furnish  him  with  a  copy  of  aU  new  matter. — 1889, 
p.  110. 

5.    Judgment  suspended  until  a  record  is  supplied  on  which  the 
issue  may  be  tried. 

1.  The  appeal  of  Rev.  John  Peacock  against  the  action  of  the  Synod 
of  Pennsylvania,  in  the  matter  of  the  complaint  of  Rev.  John  Peacock 
against  the  action  of  the  Presbytery  of  Philadelphia  North.  Your 
Committee  find  that  the  Synod  of  Pennsylvania  considered  and  acted 
upon  said  complaints,  but  failed  to  record  their  subject-matter.  This 
defect  in  the  minutes  makes  it  impossible  for  the  Assembly  to  determine 
whether  there  is  any  constitutional  question  involved  in  the  case,  or 
whether  the  reasons  assigned  for  the  appeal  are  valid.  It  is  recom- 
mended, in  accordance  with  Sec.  ci,  of  the  Book  of  Discipline,  that  the 
judgment  appealed  from  be  suspended  until  a  record  is  produced  on 
which  the  issue  can  be  fairly  tried. 

2.  The  complaint  of  Rev.  William  P.  White  against  the  Synod  of 
Pennsylvania  relates  to  the  same  action  as  the  appeal  of  Rev.  John 
Peacock  and  is  obscured  by  the  same  defect  in  the  record.  It  is  recom- 
mended that  action  be  deferred.  The  hope  is  expressed  that  the  case 
may  be  satisfactorily  issued  by  the  Synod  of  Pennsylvania,  and  that 
there  may  be  no  occasion  for  a  renewal  of  the  appeal  or  the  complaint. 
—1889,  p.  110. 


OF   APPEALS.  781 

6.  In  the  absence  of  papers  referred  to  in  the  records  and  of  attested 
copies  of  the  charges,  the  case  postponed. 

The  Judicial  Committee  reported  No.  1,  the  complaint  of  James  Rus- 
sell against  the  Synod  of  Georgia. 

It  appears  to  the  Committee  that  Mr.  Russell  has  conducted  his  com- 
plaint in  due  form,  but  the  Synod  has  failed  to  furnish  the  documents 
needful  to  its  prosecution.  The  minutes  of  Synod  are  present,  and 
complainant  has  furnished  attested  copies  of  minutes  of  Presbytery  and 
of  the  testimony  of  witnesses  examined.  But  we  have  still  no  attested 
copy  of  the  charges  which  had  been  the  basis  of  the  original  trial,  nor 
of  sundry  papers  referred  to  in  the  Presbytery's  records,  and  which  had 
been  received  as  testimony.  The  Committee  recommend  to  the  Assembly 
the  adoption  of  the  following  resolutions  in  the  case : 

Resolved,  1.  That  the  Synod  of  Georgia  be  directed  to  send  up  to  the 
next  Assembly  authenticated  copies  of  all  their  records,  and  of  the  whole 
testimony  relating  to  the  matter  of  the  complaint,  together  with  their 
reasons  for  not  sending  up  the  papers  to  this  Assembly,  unless  the  case 
shall  be  previously  adjusted. 

Resolved,  2.  That  all  the  papers  received  from  the  complainant  be 
returned  to  his  own  custody.     Adopted. — 1852,  p.  212,  O.  S. 

7.    Case  remanded  with  directions  as  to  procedure  and  as  to  the 

records. 

Appeal  of  Heber  Donaldson  against  the  Synod  of  Erie. 

The  Assembly  finds  that  there  are  two  branches  to  this  case:  the  first 
involving  questions  of  jurisdiction;  and  the  second,  the  merits  of  the 
case.  This  Assembly  is  not  now  able  to  determine  either  of  these  ques- 
tions, on  account  of  the  meagreness  of  the  records,  and  on  account  of 
certain  irregularities  which  are  alleged  to  have  occurred  in  the  trials 
below.  Thei'efore  the  Assembly,  reserving  its  judgment,  both  on  the 
questions  of  jurisdiction  and  the  merits  of  the  case,  hereby  remands  the 
whole  case  to  the  Session  of  the  church  at  Emlenton,  with  the  direction 
to  table  new  charges  with  adequate  specifications,  and  cite  the  accused  to 
answer,  taking  care  that  the  specifications,  if  confessed,  or,  if  they  are 
denied,  the  evidence,  shall  show  a  case  which  will  justify  the  judgment 
they  may  render.  And  the  Session  are  instructed  to  conduct  the  trial 
in  exact  accordance  with  the  Book  of  Discipline,  and  make  a  clear  and 
full  record  of  all  their  proceedings  in  the  case. 

The  report  of  the  Committee  was  adopted. — 1882,  p.  107. 

8.    In  the  absence  of  records  the  Synod  censured  and  the  case 

postponed. 

Complaint  of  Smiley  Shepherd  vs.  the  Synod  of  Illinois.  The  records 
of  the  Presbytery  of  Bloomington,  necessarily  involved  in  the  case, 
being  absent,  the  Committee  recommend  that  the  Synod  be  censured  for 
neglecting  to  send  up  the  records,  and  that  the  case  be  deferred  for  trial 
until  the  records  appear.     Adopted. — 1861,  p.  304,  O.  S. 

9.    The  case  dismissed  and  the  papers  returned. 
The  Commission  on  "  a  complaint  of  Rev.  James  W.  Wightman  and 
others  vs.  the  Synod  of  Pittsburgh"  reported,  recommending  that,  as  all 
the  papers  are  not  before  the  Commission,  be  it 


782  BOOK    OF    DISCIPLINE,    SIX'T.    101-102. 

Resolved,  1.  That  the  attention  of  the  Synod  be  called  to  the  Book  of 
Discipline  (Old),  Chap,  vii,  Sec.  iii,  Sub-sec.  xvi. 

Resolved,  2.   That  the  case  be  dismissed  and  the  papers  returned. 
The  report  was  adopted. — 1874,  p.  47. 

10.    Where  the  absence  of  papers  is  the  fault  of  the  defendant,  the 
case  dismissed  and  the  judgment  affirmed. 

Complaint  of  J.  G.  Monfort,  D.D. ,  et  al.  vs.  the  Synod  of  Cincinnati. 
It  appearing  from  the  minutes  of  the  Presbytery  that  its  judgment  and 
action  were  correct  upon  the  facts  stated  therein,  and  there  being  no 
showing  of  any  other  facts  in  the  minute  of  the  Synod  whereon  to  rest 
its  action,  and  the  absence  of  the  papers  (if  there  are  any)  being  the 
fault  of  the  Synod,  your  Committee  recommend  that  the  proceedings  be 
dismissed  and  the  judgment  of  the  Presbytery  stand  affirmed.  Adopted. 
—1867,  p.  331,  0.  S. 

CII.  Appeals  are,  generally,  to  be  taken  to  the  judicatory  immediately 
superior  to  that  appealed  from. 

1.    Appeals  may  be  carried  directly  to  the  Assembly. 

a.  That  inasmuch  as  the  request  of  Mr.  Bourne  to  be  tried  on  an 
appeal  before  the  General  Assembly  rather  than  the  Synod  may  be 
reasonable,  and  inasmuch  as  the  words  of  our  Constitution,  viz.,  "  The 
Assembly  shall  receive  and  issue  all  appeals  and  references  which  may 
be  regularly  brought  before  them  from  the  inferior  judicatories,"  etc., 
have  been  interpreted  favorably  to  such  a  request,  the  General  Assembly 
do  order,  that  a  certified  copy  of  the  records  of  the  Lexington  Presby- 
tery in  this  case  be  duly  made,  and  transmitted  to  the  next  Assembly, 
unless  the  Synod  of  Virginia,  to  which  the  Assembly  can  have  no  objec- 
tion, shall  have  previously  received  the  appeal.  [But  that  this  constitu- 
tional question,  as  well  as  the  merits  of  the  case,  shall  remain  open  for 
discussion  at  that  time.] — -1816,  p.  626. 

b.  Resolved,  That  the  records  of  the  Synod  of  Virginia  be  approved, 
except  their  censure  of  the  Presbytery  of  Lexington  for  allowing  an 
appeal  from  their  decision  directly  to  the  Assembly,  without  noticing  the 
supposed  irregularity  of  such  appeal. — 1818,  p.  688. 

C.  The  Committee,  on  an  overture  from  the  Presbytery  of  Baltimore, 
in  relation  to  the  practice  of  inferior  judicatories  in  carrying  appeals  and 
complaints  directly  to  the  General  Assembly,  Avithout  first  bringing  them 
to  their  respective  Synods,  made  the  following  report,  which  was 
adopted,  viz. :  That  the  Constitution  of  our  Church  is  so  explicit  that  it 
requires  no  order  of  the  Assembly  in  relation  to  the  case  brought  to 
view  in  this  overture. — 1833,  p.  396. 

d.  The  order  of  the  day,  viz.,  the  consideration  of  Mr.  Rowland's 
motion  to  refer  to  the  Synod  of  New  York,  the  adjudication  of  the 
appeal  of  Louis  Tapjian,  was  taken  up.  The  motion  to  refer  the  case 
to  Syuod  was  lost.  The  Assembly  then  decided  to  hear  the  case. — 1839, 
p.  56,  reprint,  N.  S. 

e.  An  appeal  by  the  Rev.  William  W.  McLaue,  from  a  decision  of 
the  Presbytery  of  Steubenville.     The  Committee  report  that  they  find 


i 


OF    APPEALS.  783 

the  case  in  order.  The  appellant  was  tried  by  the  Presbytery  at  the 
spring  meetings  held  in  Augusta  and  Wellsville,  0.,  in  the  months  of 
April  and  May,  1883,  on  the  charge  of  heresy.  The  Presbytery 
sustained  the  charge,  and  suspended  the  appellant  from  the  Gospel  minis- 
try. Dr.  McLane  appeals  directly  to  the  General  Assembly,  and  asks 
that  the  case  be  taken  up  and  issued  by  this  Assembly.  Chap,  vii.  Sec. 
iii,  Sub-sec.  vi,  of  the  Book  of  Discipline  (Old),  is  as  follows:  "Ap- 
peals are  generally  to  be  carried  in  regular  gradation  from  an  inferior 
judicatory  to  the  one  immediately  superior." 

Your  Committee  do  not  find,  in  the  reasons  given  by  the  appellant, 
sufficient  cause  to  warrant  them  in  recommending  to  the  Assembly  a 
departure  from  the  above  rule  of  our  Book  of  Discipline,  by  granting 
the  request  of  the  appellant ;  they,  therefore,  recommend  that  the  papers 
in  the  case  be  referred  to  the  Synod  of  Ohio. — 1883,  p.  597. 

[Note.— This  report  was  not  adopted,  but  was  referred  back  to  the  Judicial  Com- 
mittee, "  to  prepare  and  issue  the  case  before  the  Assembly." — 1883,  p.  617.] 

The  Judicial  Committee  presented  a  report  in  Judicial  Case  No.  1, 
reporting  the  case  in  order,  and  recommending  the  steps  to  be  pursued  in 
issuing  it.  They  also  presented  a  written  request  from  the  appellant,  the 
Rev.  William  W.  McLane,  that  he  have  leave  to  withdraw  his  appeal 
against  the  action  of  the  Presbytery  of  Steubenville.  The  request  was 
read,  and  it  was  Resolved,  That  the  appellant  have  leave  to  withdraw  his 
appeal.— 1883,  p.  629. 

f.  An  appeal  of  the  Rev.  Jared  M.  Chavis,  a  member  of  the  Presby- 
tery of  Atlantic,  from  the  decision  of  the  Presbytery,  upon  charges 
brought  against  him  for  alleged  immorality. 

From  the  certified  copy  of  the  decision,  sent  up  by  the  Presbytery,  it 
appears  that  the  charges  were  not  investigated  on  the  merits,  but  failed 
of  trial  because  of  the  refusal  of  witnesses  to  attend  and  testify;  and 
for  this  cause  the  Presbytery  decided  to  drop  the  case  against  the  Rev. 
J.  M.  Chavis  as  charged  in  the  indictment.  But  in  the  recital  of  the 
charge,  and  the  facts  grounding  the  decision,  the  Presbytery  insert  an 
opinion  in  the  following  words:  .... 

Your  Committee  are  of  the  opinion  that  the  Presbytery  erred  in 
incorporating  such  an  opinion  in  their  decision,  in  the  absence  of  all 
testimony  to  justify  the  same. 

Your  Committee  are  of  the  opinion  that  the  appellant  has  shown  a 
sufficient  reason  for  bringing  this  appeal  to  the  General  Assembly,  with- 
out first  going  to  the  Synod  of  Atlantic. 

After  discussion,  the  Assembly  directed  that  the  case  be  referred  to  the 
Synod  of  Atlantic,  with  instructions  to  take  the  proper  action  in  the 
premises.     Adopted. — 1884,  pp.  107,  108. 

g.  Case  of  Charles  A.  Briggs,  D.D.  The  minority  report  was  read 
and  laid  on  the  table.  The  Moderator  also  announced  that  the  only 
remaining  part  of  the  majority  report  which  had  not  been  adopted  was, 
"  Third,  that  in  the  judgment  of  the  Committee,  the  appeal  should  be 
entertained,  and  a  time  set  apart  for  the  hearing  of  the  case. ' '  This 
part  of  the  majority  report  was  then  adopted,  carrying  in  the  affirmative 
the  question  of  the  entertainment  of  the  appeal. — 1892,  p.  119. 

The  court  then  proceeded  to  vote;  the  question  being,  "  Shall  the 
appeal  be  entertained  ?" 


784  BOOK    OF    DISCIPLINE,    SECT.     102. 

The  vote  was  taken  by  ayes  and  noes,  and  was  ordered  to  be  recorded. 
The  ayes  were  410,  the  noes  145.— 1893,  p.  95. 

[Note. — The  appeal  in  this  case  was  directly  from  Presbytery  to  Assembly.  The 
principle  as  to  appeals  guiding  the  Assembly  seems  to  be  that  where  there  is  no 
sufficient  reason  for  i)assing  by  the  next  superior  court,  the  case  should  go  there. 
But  where  good  reasons  for  carrying  it  directly  to  the  Assembly  are  assigned,  it  will 
be  entertained.] 

2.    Appeals  dismissed  because  not  first  brought  in  the  lower  judicato- 
ries and  no  suificient  reasons  given. 

a.  The  Judicial  Committee  made  the  following  report  on  the  complaint 
of  the  Presbytery  of  Philadelphia  against  the  Presbytery  of  Columbia, 
relative  to  the  licensure  of  Mr.  Samuel  Shaffer,  which  was  adopted,  viz. : 
That  it  is  a  desirable  thing  to  prevent  the  unnecessary  accumulation 
of  business  before  the  General  Assembly ;  that  no  good  reason  appears 
why  the  Synod  of  Albany,  who  must  be  entirely  competent  to  issue  the 
complaint,  should  be  passed  by,  and  that,  therefore,  in  their  judgment, 
the  matter  ought  to  go  before  that  body. — 1828,  p.  237. 

b.  The  Judicial  Committee  made  a  report  in  relation  to  the  appeal  of 
Mr.  Matthew  H.  Rice,  from  a  decision  of  the  Presbytery  of  East  Hano- 
ver, which  was  adopted,  and  is  as  follows,  viz. : 

That  the  appellant  had  leave  to  withdraw  his  appeal  on  the  following 
ground,  viz.,  no  reasons  are  assigned  by  the  appellant  for  making  this 
appeal  to  the  General  A.ssembly  instead  of  the  Synod. — 1830,  p.  298. 

C.  The  Judicial  Committee  reported  two  appeals  of  Samuel  Lowrey; 
the  first  from  a  special  decision  of  the  Session  of  the  Second  Presbyte- 
rian church  of  Cincinnati ;  the  second  from  a  decision  of  the  Presbytery 
of  Miami.  These  appeals  were  dismissed  because  the  appellant  had  not 
prosecuted  his  appeals  before  the  inferior  judicatories. — 1822,  p.  36; 
1833,  p.  409;  1834,  p.  432;  1826,  p.  187;  1859,  p.  516,  O.  S. ;  1860, 
p.  46,  O.  S. 

d.  Case  of  Rev.  W.  M.  White  vs.  the  Presbytery  of  Washington. 
From  the  papers  before  the  Committee  it  appears  that  Mr.  White  was 
suspended  from  the  ministry,  and  excluded  from  the  communion  of  the 
Church  by  the  Presbytery  of  Washington  at  its  sessions  in  November, 
1870;  that  since  that  time  he  has  resided  within  the  bounds  of  the  Pres- 
bytery of  Pittsburgh,  and  that  he  made  application  to  the  Presbytery  of 
Washington,  at  its  sessions  in  April,  1873,  for  a  dismission,  with  a  certi- 
ficate of  his  standing,  to  the  Presbytery  of  Pittsburgh.  This  request 
the  Presbytery  of  Washington  declined  to  grant ;  and,  respecting  their 
decision,  have  come  into  the  hands  of  your  Committee,  1.  A  complaint 
of  Rev.  W.  M.  White;  2.  A  complaint  of  Revs.  David  McKinney  and 
Richard  Lea,  resident  in  Pittsburgh ;  3.  A  petition,  signed  by  ministers 
and  church  members,  living  in  and  near  the  city  of  Pittsburgh,  praying 
that  the  decision  of  the  Presbytery  of  Washington  may  be  reversed, 
together  with  the  answers  of  said  Presbytery  to  these  complaints. 

The  complaints  have  not  been  before  the  Synod,  with  which  these 
Presbyteries  are  connected,  for  the  alleged  reason  that  there  has  been  no 
meeting  of  the  Synod  since  the  action  of  Presbytery,  and  the  complain- 
ants prefer  not  to  wait  until  the  session  of  the  Synod  in  the  autumn. 
Your  Committee,  however,  do  not  see  sufficient  cause  in  this  case  for 
departure  from  the  rule  of  our  Book  of  Discipline  (Old),  Chap,  vii, 
Sec.  iii,  viz. :  "  Appeals  are  generally  to  be  carried  in  regular  gradation 
from  an  inferior  judicatory  to  the  one  immediately  superior  " — and  there- 


OF   APPEALS.  785 

fore  recommend  that  all  the  papers  in  the  case  be  referred  to  the  Synod 
of  Pittsburgh.     Adopted.— 1873,  p.  508. 

e.  Complaint  of  Nathaniel  West  against  the  Presbytery  of  Cincin- 
nati. The  Committee  recommend:  That  as  no  sufficient  reasons  for 
direct  complaint  to  the  General  Assembly  have  been  presented,  the 
complaint  be  referred  to  the  Synod  of  Cincinnati.  Adopted. — 1877,  p. 
576.' 

f.  In  the  case  of  the  complaints  of  (1)  Nathaniel  West  and  Thomas 
H.  Skinner  against  the  Presbytery  of  Cincinnati,  for  an  alleged  decision 
against  the  said  West;  (2)  the  same,  against  the  same,  for  adopting  a 
resolution  of  its  Judicial  Committee;  (3)  E.  D.  Ledyard  and  others 
against  the  same  for  the  same  proceeding;  and  (4)  Thomas  H.  Skinner 
and  others  against  the  same  for  not  sustaining  the  charges  against  the 
Rev.  W.  C.  McCune — the  Committee  recommend  that,  as  the  reasons 
for  direct  complaint  to  the  General  Assembly,  as  presented  to  the  Com- 
mittee, and  in  their  hands,  are  deemed  insufficient ;  and  as  the  constitu- 
tional jurisdiction  and  rights  of  the  Synod  over  its  lower  courts  are  to 
be  sacredly  respected;  therefore,  these  several  complaints  be  referred  to 
the  Synod  of  Cincinnati.     Adopted. — 1877,  pp.  575,  576. 

g.  A  complaint  by  Nathaniel  West,  Thomas  H.  Skinner,  J.  P.  E. 
Kumler  and  L.  H.  Long,  of  certain  action  tak-en  by  the  Presl)ytery  of 
Cincinnati,  at  their  meetings,  December  7  and  23,  1878. 

Also,  a  complaint  by  Nathaniel  West,  of  action  taken  by  the  Presby- 
tery of  Cincinnati,  at  their  meetings,  April  9  and  10,  1879. 

In  respect  to  these  two  complaints,  the  Committee  recommended  that, 
as  the  reasons  presented  by  one  of  the  complainants  for  himself  and 
the  othei's,  for  direct  complaints  to  the  Assembly,  are  deemed  insufficient, 
and  as  the  constitutional  jurisdiction  of  the  Synod  over  its  lower  judica- 
tories is  to  be  carefully  guarded  and  sacredly  respected;  therefore,  these 
complaints  be  referred  to  the  Synod  of  Cincinnati,  to  which  they  should 
liave  been  taken,  according  to  the  provisions  of  the  Book  of  Discipline 
(Old),  Chap,  vii,  Sec.  iii.  Sub-sec.  vi. 

The  Rev.  Nathaniel  West,  D.  D.,  presented  a  paper  setting  forth  the 
reasons  of  the  complainants  for  making  direct  complaint  from  the  Pres- 
bytery of  Cincinnati  to  this  Assembly,  which  was  read. 

After  which  the  report  of  the  Judicial  Committee  was  adopted.— =- 
1879,  p.  6ai. 

3.    Where  there  is  no  common  relation  a  complaint  is  allowed. 

Judicial  Case  No.  3,  being  a  complaint  of  the  Third  Presbytery  of 
Philadelphia  against  the  Presbytery  of  Luzerne,  for  an  alleged  invasion 
of  Presbyterial  jurisdiction.  The  case  is  brought  before  the  Assem- 
bly, because  of  these  Presbyteries  having  had  no  common  Syuodical 
relations. 

The  Committee  propose  that  the  new  Synod  take  up  the  case,  and  that 
the  Presbytery  of  Luzerne  cease  all  action  until  the  Synod  decides. — 
1870,  p.  27. 

[Note.— See  Book  of  Discipline,  Sees,  cxxi-cxxiii,  "  Of  Differences  between  Judica- 
tories."! 

50 


786  BOOK    OF    DISCIPLINE,    SECT.     103-105. 

CHAPTER  X. 

OF  DISSENTS  AND  PROTESTS. 
CHI.    A  Dissent  is  a  declaration  of  one  or  more  members  of  a  minor- 
ity in  a  judicatory,  expressing  disagreement  with  a  decision  of  the  major- 
ity in  a  particular  case. 

1.  Dissent  entered  without  reply.    Dissent  with  reasons  is  a 
virtual  protest. 

Had  the  dissent  been  offered  without  reasons,  and  simply  as  a  record  of 
the  vote  of  the  dissenters,  it  would  have  been  entirely  proper  to  enter 
it  on  the  minutes  of  the  Assembly  without  reply.  It  would  then  have 
been  in  the  nature  only  of  a  record  in  part  of  ayes  and  nays.  But,  as  it 
is  accompanied  with  reasons,  it  is  virtually  a  protest. — 1872,  p.  85. 

CIV.  A  Protest  is  a  more  formal  declaration,  made  by  one  or  more 
members  of  a  minority,  bearing  testimony  against  what  is  deemed  a  mis- 
chievous or  erroneous  proceeding,  decision,  or  judgment,  and  including  a 
statement  of  the  reasons  therefor. 

1.  The  right  to  protest  for  the  relief  of  conscience. 
That  any  member  or  members,  for  the  exoneration  of  his  or  their 
conscience  before  God,  have  a  right  to  protest  against  any  act  or  pro- 
cedure of  our  highest  judicature,  because  there  is  no  further  appeal  to 
another  for  redress;  and  to  require  that  such  protestation  be  recorded  in 
their  minutes.  And  as  such  a  protest  is  a  solemn  appeal  from  the  bar  of 
said  judicature,  no  member  is  liable  to  prosecution  on  account  of  his 
protesting.  Provided  always,  that  it  shall  be  deemed  irregular  and 
unlawful  to  enter  a  protestation  against  any  member  or  members,  or  to 
protest  facts  or  accusations  instead  of  proving  them,  unless  a  fair  trial  be 
refused,  even  by  the  highest  judicature.  And  it  is  agreed  that  protesta- 
ions  are  only  to  be  entered  against  the  public  acts,  judgments  or  determi- 
nations of  the  judicature  with  which  the  protestor's  conscience  is  offended. 
—1758,  p.  286. 

2.    The  dissent  or  protest  must  be  entered  before  the  rising 
of  the  Assembly. 

Any  member  who  may  think  himself  aggrieved  by  a  decision  of  the 
General  Assembly,  shall  have  liis  dissent,  or  protest,  with  his  reasons, 
entered  on  the  records  of  the  Assembly,  or  filed  among  their  papers,  if 
given  in  before  the  rising  of  the  Assembly. — 1822,  p.  44. 

3.    A  protest  arguing  the  case  is  refused. 

Dr.  Martin  presented  and  read  a  protest  against  the  decision  made  in 
his  judicial  case,  when,   on  motion  of  the  Rev.  D.  J.  Waller,  it  was 

Resolved,  That  Dr.  Martin's  protest  is  only  such  in  name,  while  it  is 
in  reality  an  argument  of  the  case  which  the  Assembly  has  refused  to 
hear,  as  not  regularly  before  it,  and  that  he  therefore  have  leave  to 
withdraw  the  same. — 1865,  p.  592,  O.  S, 

4.    The  protest  must  confine  itself  to  the  reasons  on  which  it  is 

founded. 
The  appropriate  business  of  the  protestants  was  simply  to  give  the 
reasons  on  which  their  protest  was  founded,  not  to  answer  the  arguments 


OF    DISSENTS   AND    PROTESTS.  '  787 

of  individuals  in  debate,  for  which  the  Assembly  is  not  responsible. — 
1844,  p.  382,  O.  S. 

5.    A  protest  calls  attention  to  the  action  protested  against. 

The  records  of  the  Synod  of  New  Mexico  were  approved  with  the 
following  exceptions:   .... 

2.  On  page  20  it  is  noted  that  the  Synod  took  no  action  on  the  protest 
presented  by  Revs.  J.  J.  Gilchrist  and  T.  M.  Marshall  against  the  action 
of  the  Presbytery  of  Arizona,  with  reference  to  the  appointment  of  a 
Committee  outside  of  its  bounds  to  organize  a  church. — 1892,  p.  200. 

CV.  If  a  Dissent  or  Protest  be  couched  in  decorous  and  respectful 
language,  and  be  without  offensive  reflections  or  insinuations  against  the 
majority,  it  shall  be  entered  on  the  records. 

1.    Protests  admitted  to  record  without  answer. 

a.  Dr.  Stuart  Robinson  read  a  protest  signed  by  himself  and  others, 
against  the  adoption  of  the  paper  of  Dr.  R.  J.  Breckinridge  on  the  state 
of  the  Church. 

This  pi*otest  was,  on  motion,  admitted  to  record  without  answer. 
Another  protest,  signed  by  Rev.  A.  P.  Forman  and  others,  was  like- 
wise admitted  to  record  without  answer. — 1862,  p.  636,  0.  S. 

b.  The  following  protest  was  presented  and  ordered  to  be  entered  on 
the  Minutes  of  the  Assembly  without  answer. 

We,  the  undersigned,  ministers  and  elders,  commissioners  of  the  One 
Hundred  and  Fourth  General  Assembly,  do  hereby  enter  and  record  our 
protest  against  the  action  of  the  General  Assembly  in  entertaining  the 
appeal  in  the  case  of  "  The  Presbyterian  Church  in  the  United  States  of 
America  against  the  Rev.  Charles  A.  Briggs,  D.D.,"  and  so  giving  to 
the  Committee  which  preferred  the  charges  against  Dr.  Briggs  standing 
before  the  Assembly  and  right  of  appeal  as  an  "  original  party, ' '  beyond 
the  control  of  the  Presbytery  and  its  power  to  discharge  them  when 
dismissing  the  case. 

We  protest  against  this  as  being,  we  believe,  contrary  to  the  scope  and 
intention  of  our  Book  of  Discipline,  and  as  involving  interpretations  of 
the  Constitution  of  the  Church  which  might  prove  subversive  of  the 
rights  of  ministers,  elders,  deacons  and  individual  members  throughout 
the  Church. 

Signed  by  thirty-six  ministers  and  eighteen  ruling  elders. — 1892,  p. 
205. 

C.  The  Rev.  E.  P.  Sprague,  D.D. ,  for  himself  and  others,  presented 
the  follomng  protest,  which  was  received,  ordered  to  be  recorded,  and 
is  as  follows : 

NV^e,  the  undersigned  ministers  and  elders  in  the  Presbyterian  Church 
in  the  United  States  of  America,  declaring  our  hearty  belief  in  and 
love  for  the  Holy  Scriptures  of  the  Old  and  New  Testaments,  and  our 
entire  loyalty  to  the  principles  of  the  Presbyterian  Church,  desire 
respectfully  to  record  our  solemn  protest  against  the  verdict  and  judg- 
ment of  suspension,  and  the  proceedings  leading  to  the  verdict,  in  the 
case  against  the  Rev.  Charles  A.  Briggs,  D.D. ,  in  the  General  Assem- 
bly of  1893: 

1.  As  involving,  in  our  judgment,  acts  of  doubtful  constitutionality. 

2.  As  seeming  to  abridge  the  liberty  of  opinion  hitherto  enjoyed  under 
our  Standards  by  office-bearers  in  the  Church. 


788  BOOK    OF    DISCIPLINE,    SECT.    105. 

3.  As  tending,  we  believe,  to  the  discouragement  of  thorough  study  of 
the  Bible  and  reverent  advance  in  apprehension  of  divine  truth ;  and, 

4.  As  inflicting  what  we  cannot  but  feel  is  an  injustice  to  a  Christian 
scholar  of  acknowledged  high  character  and  learning,  as  well  as  to  the 
Presbytery  of  New  York,  which  had  fully  acquitted  him  of  the  charges 
alleged  against  him. 

Edward  P.  Sprague  and  sixty-one  others. — 1893,  pp.  172,  173. 
It  was  Resolved,  That  the  protest  just  presented  needs  no  answer  by 
the  General  Assembly. — 1893,  p.  173, 

d.  The  following  protest  was  received  and  ordered  to  be  recorded 
without  answer: 

The  undersigned  respectfully  protest  against  the  action  of  this  One 
Hundred  and  Fifth  General  Assembly  of  the  Presbyterian  Church  in 
the  United  States  of  America,  determined  in  the  morning  session  of  May 
29,  with  regard  to  the  exclusion  of  the  Chinese  from  this  land,  and 
against  the  action  of  this  Assembly,  determined  on  May  30,  with  regard 
to  Decoration  Day,  on  the  following  grounds  and  for  the  following 
reasons : 

1.  Because  said  actions  are  contrary  to  Chap,  xxxi.  Sec.  iv,  6f  the 
Confession  of  Faith,  which  provides  that  "  Synods  and  Councils  are  to 
handle  or  conclude  nothing  but  that  which  is  ecclesiastical,  and  are  not  to 
intermeddle  with  civil  affairs  which  concern  the  commonwealth. 

2.  Because  such  actions  are  opposed  to  the  deliverance  of  this  General 
Assembly  in  1874,  wherein  it  was  declared  that  our  church  courts  are 
to  consult,  vote  and  determine  only  according  to  the  principles  and  Con- 
stitution of  this  Church  and  the  Word  of  God,  and  that,  therefore,  no 
subject  of  a  secular  character  will  be  entertained,  and  no  subject  with 
moral  bearings  and  results  will  be  carried  beyond  the  plain  and  unques- 
tioned testimony  and  direction  of  the  sacred  Scriptures. 

Selden  P.  Spencer,  James  H.  Brooks. —1893,  p.  212. 

e.  Rev.  John  Fox,  D. D.,  on  behalf  of  himself  and  others,  presented 
a  protest  against  certain  action  of  the  Assembly,  as  recorded  in  the 
report  of  the  Committee  upon  Temperance.  The  pi'otest  was  received 
and  admitted  to  record,  and  is  as  follows: 

The  undersigned  respectfully  protest  against  so  much  of  the  action  of 
the  General  Assembly  on  temperance  as  declares,  "  That  no  political 
party  has  the  right  to  expect  the  support  of  Christian  men  so  long  as 
that  party  stands  committed  to  the  license  party,  or  refuses  to  put  itself 
on  record  against  the  saloon."  We  deem  this  action  an  unwise  interfer- 
ence with  a  political  question,  and  believe  that  it  cannot  fail  to  be 
regarded  by  many  of  our  people  as  hindering  their  free  and  conscientious 
discharge  of  their  duties  as  voters. 

John  Fox  and  forty-five  others. — 1894,  p.  178. 

2.    Protest  refused  record  as  being  disrespectful. 

A  protest  was  received  from  Dr.  Boardraan  and  others  against  the  action 
of  the  Assembly  in  the  matter  of  the  Louisville  Presbytery.  After 
discussion,  on  motion,  it  was 

Resolved,  That  it  be  the  sense  of  this  General  Assembly  that  the 
protest  of  Dr.  Boardman  and  others  is  not  respectful  in  language,  and 
that  it  be  returned  to  the  author. — 1866,  p.  104,  O.  S. 


OF    DISSENTS    AND    PROTESTS.  789 

3.    A  protest  should  be  recorded  only  by  order  of  the  judicatory. 

Exception  to  the  records  of  the  Synod  of  Albany.  A  protest  on  pp. 
323,  324,  which  was  handed  to  the  Stated  Clerk,  and  by  him  recorded, 
when  it  does  not  appear  that  he  was  directed  by  Synod  to  make  such 
insertion. — 1828,  j)-  242. 

4.    Protest  received  and  put  on  record. 

a.  In  the  case  of  the  complaint  of  Nathaniel  West,  against  tlie  Pres- 
bytery of  Cincinnati,  in  the  case  of  West  vs.  the  Rev.  B.  P.  Aydelotte, 
the  Committee  recommend  that,  as  no  sufficient  reasons  for  direct 
complaint  to  the  General  Assembly  have  been  presented,  the  complaint 
be  referred  to  the  Synod  of  Cincinnati. 

The  following  protest  against  this  action  was  presented,  and  ordered  on 
record : 

[Note. — See  for  this  protest,  Minutes,  1877,  pp.  576-580.] 

The  Committee  appointed  to  answer  this  protest  reported:  "  That  in 
their  judgment  no  answer  is  required."     Adopted. — 1877,  p.  580. 

b.  A  protest  was  received  from  Rev.  Josiah  B.  Bittinger,  D.  D. ,  Rev. 
Henry  W.  BalJautine  and  Rev.  George  L.  Kalb,  D.D.,  against  the 
action  of  the  Assembly  in  the  adoption  of  the  report  of  the  Committee 
on  Bills  and  Overtures,  in  the  case  of  the  Sewickley  church  against  the 
Synod  of  Erie,  and  ordered  to  be  put  on  the  records  of  the  Assembly. 

[Note. — See  Minutes,  1877,  pp.  582,  583.] 

C.  A  protest  was  presented  by  Rev.  Royal  G.  Wilder  against  the 
action  of  the  Assembly  in  adopting  the  report  of  the  Special  Committee 
on  his  paper  relating  to  the  Board  of  Foreign  Missions,  and  ordered  on 
the  records.— 1877,  p.  583. 

d.  The  Rev.  John  G.  Hall,  D.D.,  in  behalf  of  himself  and  others, 
offered  a  protest  against  the  action  of  the  Assembly  in  reference  to  the 
report  of  a  minority  of  the  Comniittee  on  Publication,  which  was 
received  and  ordered  to  be  put  on  record. — 1884,  p.  110. 

5,    Protest,  if  in  order,  must  be  recorded  and  filed  with  the  clerk. 
A  printed  copy  duly  signed  is  valid. 

Paper  No.  66,  being  a  memorial  from  certain  members  of  the  Presby- 
tery of  Westchester,  concerning  the  recording  of  a  protest.      It  is  asked: 

Question  1. — "  When  a  protest  conforms  to  the  conditions  of  th.e  Book 
of  Discipline,  Sec.  cv,  may  a  Presbytery  rightfully  refuse  to  order  it 
entered  upon  the  records?"  It  is  recommended  that  this  inquiry  be 
answered  in  the  negative. 

Question  2. — "  Is  a  protest  to  be  considered  as  having  been  presented 
to  the  body  when  read  by  the  protestant,  before  it  has  been  placed  in  the 
hands  of  the  Clerk  ?"  It  is  recommended  that  it  be  answered  in  the 
negative. 

Question  3. — "  When  a  protestant  reads  his  protest  to  a  Presbytery 
and  the  Moderator  thereupon  declares  to  him,  without  objection,  that 
his  }>rotest  is  received,  is  a  vote  of  the  Presbytery  necessary  to  authorize 
the  recording  of  the  protest  ?' '  It  is  recommended  that  the  answer  be 
given,  On  account  of  the  ambiguity  of  the  language,  no  definite  reply 
can  be  made. 

[Note.— See  No.  2,  p.  788.] 


790  BOOK    OF    DISCIPLINE,    SECT.     105-108. 

Question  4. — "  Does  a  })i'otestaut  forfeit  his  right  to  have  his  protest 
recorded,  if  he  furnish  to  the  Clerk,  in  place  of  the  original  manuscript 
read  by  him  to  the  body,  a  printed  copy  of  the  same,  duly  signed  by 
him,  provided  he  inform  the  Clerk  in  good  faith  of  his  intention  to  do 
so,  and  the  latter  make  no  objection  ?"  It  is  recommended  that  this 
question  be  answered  in  the  affirmative.     Adopted. — 1897,  p.  130. 

CVI.  The  judicatory  may  prepare  an  answer  to  any  protest  which 
imputes  to  it  principles  or  reasonings  which  its  action  does  not  import, 
and  the  answer  shall  also  be  entered  upon  the  records.  Leave  may 
thereupon  be  given  to  the  protestant  or  protestants,  if  they  desire  it,  to 
modify  their  Protest;  and  the  answer  of  the  judicatory  may  also,  in 
consequence,  be  modified.     This  shall  end  the  matter. 

1.    No  answer  deemed  necessary  when  the    assumptions    have   been 

refuted. 

The  Committee  appointed  to  answer  the  protest  against  the  proceedings 
of  the  General  Assembly  on  the  "  memorial  complaining  of  sundry 
grievances  abroad  in  the  Church,"  made  the  following  report,  which 
was  adopted,  viz. : 

That  after  a  due  consideration  of  the  whole  subject,  and  believing  the 
protest  to  be  founded  on  assumptions  which  were  fully  refuted  and  proved 
untenable  in  the  course  of  a  long  and  thorough  discussion  of  the  several 
resolutions  adopted,  they  deem  it  inexpedient  for  the  Assembly  to  assign 
any  further  reasons  for  the  course  pursued  in  relation  to  the  above 
memorial. — 1834,  p.  450. 

2.    The  answer  denies  the  imputations  of  the  protest. 

The  Assembly  deems  the  following  a  sufficient  answer  to  the  protest 
against  the  action  of  the  Assembly  upon  matters  connected  with  the 
"  Declaration  and  Testimony:" 

1.  It  is  apparent  upon  the  face  of  the  protest,  that  its  signers  deeply 
sympathize  in  principle,  spirit  and  action,  with  the  signers  of  the  said 
"  Declaration  and  Testimony,"   in  opposition  to  the  General  Assembly. 

2.  The  paper  imputes  to  the  Assembly,  in  several  particulars,  that 
which  does  not  appear  from  anything  contained  in  its  action  in  the  case ; 
but  the  Assembly  is  disposed  to  pass  over  this  infirmity,  and  the  disre- 
spectful language  employed  in  the  protest,  attributing  these  to  an  apparent 
inability,  on  the  part  of  these  brethren,  to  divest  themselves  wholly  of 
prejudices  which  have  grown  out  of  the  unhappy  contest  in  which  the 
country  and  the  Church  have  been  engaged  during  the  last  several  years. 
—1867,  p.  365,  O.  S. 

3.    The  answer  defines  the  action  protested  against. 

A  protest  of  Francis  B.  Hall  and  others,  against  the  response  of 
the  Assembly  to  the  overture  of  the  Women's  Christian  Temperance 
Union  of  Wisconsin  was  received  and  admitted  to  record. — 1885,  p. 
649. 

The  Assembly  answer  as  follows: 

The  Committee  appointed  to  prepare  an  answer  to  the  protest  of  the 
Rev.  Francis  B.  Hall  and  others  reported  an  ausAver,  which  was 
amended,  adopted  and  is  as  follows : 

The  action  of  the  Assembly  is  a  reaffirmation  of  the  action  of  former 


OF    JURISDICTION    IN    CASES    OF    DISMISSION.  791 

Assemblies,  on  the  subject  of  communion  wine,  to  the  effect  "  that  the 
control  of  this  matter  be  left  to  the  Sessions  of  the  several  churches,  with 
the  earnest  recommendation  that  the  purest  wine  attainable  be  used." 
AVe  find  nothing  in  the  alleged  protest  that  has  any  pertinency  or  appli- 
cation to  this  action,  and  therefore  no  further  answer  is  needed.-  1885, 
p.  685. 

[Note —In  many  eases  tlie  answer  of  tlje  Assembly  to  a  protest  gives  the  fullest 
explication  of  its  sentiments.] 

CVII.  No  one  shall  be  allowed  to  dissent  or  protest  who  has  not  a 
right  to  vote  on  the  question  decided,  and,  in  judicial  cases,  no  one  shall 
be  allowed  to  dissent  or  protest  who  did  not  vote  against  the  decision. 

1.    Protest  will  not  be  received  from  those  not  members  of  the  body. 

A  paper  of  the  nature  of  a  protest  was  offered  by  the  Rev.  W.  G.  Craig 
from  persons  not  members  of  the  Assembly,  which  was  read,  and  on 
motion,  returned  to  Mr.  Craig. — 1867,  p.  359,  O.  S. 

2.    A  protest  can  be  brought  only  by  the  minority  of  a  judicatory 

itself. 

a.  The  Committee  on  Minutes  of  the  Synod  of  Sandusky  recommend 
their  approval ,  except  that  the  Synod  has  entered  upon  its  minutes,  on 
p.  75,  a  "formal  protest"  against  the  action  of  the  last  General 
Assembly. 

Your  Committee  judge  that  remonstrance  or  complaint,  for  the  reopen- 
ing of  a  question,  may  be  made  by  an  inferior  judicatory  to  a  superior; 
but  that  protest  against  the  action  of  the  General  Assembly  can  be  made 
only  by  a  minority  of  the  body  itself. — 1864,  p.  307,  O.  S. 

b.  The  Synod  erred  in  this  ....  that  they  permitted  certain  mem- 
bers of  the  Presbytery  of  Waterloo  to  enter  a  protest  on  their  records. 
—1888,  p.  136. 


CHAPTER  XI. 

OF  JURISDICTION  IN  CASES  OF  DISCUSSION. 

CVIII.  The  judicatory,  to  which  a  church  member  or  a  minister 
belongs,  shall  have  sole  jurisdiction  for  the  trial  of  offences  whenever  or 
wherever  committed  by  him. 

[Note. — See  under  Book  of  Discipline,  Sec.  xxxvii,  p.  658.] 

1.    Cases  connected  with  extinct  Presbytery. 

[Note.— See  Book  of  Discipline,  Sec.  cxiii,  p.  797.] 

2.    Reception  of  a  member  on  a  qualified  letter  is  void. 

[Note. — See  Form  of  Government,  Chap,  x,  Sec.  viii,  No.  11,  p.  205.] 

3.    Jurisdiction  over  one  charged  with  an  offence  is  in  that 
Presbytery  of  which  he  is  a  member. 

Overture  from  the  Presbytery  of  New  Castle,  asking  the  General 
Assembly  to  determine,  whether  that  Presbytery  or  the  Presbytery  of 
Cleveland  has  jurisdiction  of  Rev.  J.  F.  Severance.  The  facts  in  the 
case,  appearing  in  the  overture,    are  as  follows:  Mr.  Severance  was  a 


792  BOOK    OF    DISCIPLINE,    SECT.    108-110. 

member  of  the  Presbytery  of  Wilmiugtou  (which  was  succeeded  by  the 
Presbytery  of  New  Castle),  but  left  the  bounds  of  that  Presbyteiy  in 
1868.  In  1870  he  was  within  the  bounds  of  the  Presbytery  of  Cleve- 
land; and,  after  the  reconstruction,  twice  sat  in  the  Presbytery  of  Cleve- 
land as  a  corresponding  member  from  the  Presbytery  of  New  Castle. 
In  September,  1871,  he  was  received  a  member  of  the  Presbytery  of 
Cleveland,  under  the  operation  of  Principle  5,  adopted  by  the  Assembly 
for  the  purpose  of  reconstruction. 

Before  the  Presbytery  of  Cleveland  adjourned  the  sessions  at  which  Mr. 
Severance  was  received,  that  Presbytery  obtained  information,  that 
rumors  affecting  the  Christian  character  of  Mr.  Severance  had  come  to 
the  knowledge  of  the  Presbytery  of  New  Castle,  and  said  Presbytery 
had  appointed  a  Committee  to  inquire  into  the  facts  and  correspond  with 
Mr.  Severance  in  regard  to  them ;  and  this  Committee  had  not  been 
discharged,  when  Mr.  Severance  was  received  by  the  Presbytery  of 
Cleveland.  After  the  Presbytery  of  Cleveland  had  received  this  infor- 
mation from  the  Presbytery  of  New  Castle,  they  reconsidered  their  action 
receiving  Mr.  Severance,  and  declared  said  action  null  and  void.  The 
question  is,  To  which  Presbytery  does  Mr.  Severance  belong  ?  The 
Committee  recommend  the  following  answer:  .... 

The  decision  of  the  Assembly,  made  in  1816,  settles  the  principle  that 
Aiembership  in  any  church  judicatory  is  an  entirety,  and  is  not  divisible. 
The  judicatory  is  the  judge  of  the  fitness  of  an  applicant  for  member- 
ship in  it.  The  vote  of  the  judicatory  invests  the  applicant  with  all  the 
rights  of  membership,  of  which  he  cannot  be  divested  except  by  due 
course  of  discipline  according  to  the  Book.  Hence,  Mr.  Severance  is  a 
member  of  the  Presbytery  of  Cleveland,  and  that  Presbytery  has  juris- 
diction in  his  case.  — 1872,  p.  72. 

4.  The  Presbytery  within  whose  bounds  an  offence  is  committed  ful- 
fills its  duty  in  notifying-  the  Presbytery  to  which  the  offender 
belongs. 

When  it  is  alleged  that  a  minister  has  committed  an  offence  in  the 
bounds  of  a  Presbytery  of  which  he  is  not  a  member,  the  Presbytery  in 
the  bounds  of  which  it  is  alleged  the  oifence  was  committed,  has  per- 
formed its  entire  duty  in  the  premises  when  it  notifies  the  Presbytery  to 
which  he  belongs,  of  the  allegation  and  the  grounds  on  which  the 
allegation  is  based. 

The  report  was  adopted.— 1869,  p.  922,  O.  S. 

CIX.    A  member  of  a  church,  receiving  a  certificate  of  dismission  to 

another  church,  shall  continue  to  be  a  member  of  the  church  giving 

him  the  certificate,  and  subject  to  the  jurisdiction  of  its  Session  (but  shall 

not  deliberate  or  vote  in  a  church  meeting,  nor  exercise  the  functions  of 

any  office),  until  he  has  become  a  member  of  the  church  to  which  he  is 

recommended,  or  some  other  evangelical  church;  and,  should  he  return 

the  certificate,  within  a  year  from  its  date,  the  Session  shall  make  record 

of  the  fact,  but  he  shall  not  thereby  be  restored  to  the  exercise  of  the 

functions  of  any  office  previously  held  by  him  in  that  church. 

[Note. — For  the  jurisdiction  of  the  Session  over  members  non-resident,  see  Book  of 
Discipline,  Sec.  cxvii ;  over  licentiates,  see  Form  of  Government,  Chap,  xiv.  Sec.  xi. 
p.  559  ] 


OF   JURISDICTION    IN    CASES    OF    DISMISSION.  793 

1.  A  suspended  menrber  may  not  be  received  on  profession  by  another 

church.    If  received  without  knowledge  of  the  facts,  his  name  to 
be  stricken  from  the  roll. 

Overture  from  certain  members  of  the  Presbytery  of  Madison: 

AVe  desire  to  make  the  following  statement  and  inquiries: 

A  person  is  (we  will  suppose)  under  suspension  in  one  of  our  own 
cliurclies.  He  removes,  and  unites,  on  examination,  with  auother  of  our 
churches,  the  Session  of  the  latter  one  being  wholly  ignorant  of  his 
former  membership,  and,  of  course,  of  his  suspension.  The  facts  are, 
however,  afterward  discovered. 

Would  this  discovery,  of  itself,  vitiate  his  second  membership,  and 
leave  him  simply  a  suspended  member  of  the  former  church  ? 

Would  unworthiness  for  church  membership,  clearly  manifested,  while 
in  the  latter  church,  and  befoi'e  said  discovery,  rightfully  add  any 
efficacy  toward  produping  this  result  ? 

To  the  first  of  the  above  questions  the  Committee  recommend  an  answer 
in  the  affirmative;  to  the  second,  if  the  question  mean  whether  the 
Session  of  the  second  church  has  jurisdiction  in  the  case  of  unworthiness 
manifested  in  the  second  relation,  the  Committee  recommend  an  answer 
in  the  negative;  but  if  the  question  mean  whether  the  unworthiness 
manifested  in  the  second  relation  be  proper  ground  of  separate  process 
by  the  Session  of  the  first  church,  the  Committee  recommend  an  answer 
in  the  affirmative.  In  respect  to  the  whole  case,  the  Committee  agree 
in  the  statement  following : 

The  person  uniting  with  the  second  church  on  examination  unites 
deceptively.  So  soon  as  the  facts  in  the  case  are  ascertained  by  the 
Session  of  this  second  church,  the  proper  order  of  procedure  is,  for  this 
Session,  after  conference  with  the  accused  person,  to  strike  his  name 
from  their  roll  of  church  members  as  not  under  their  jurisdiction,  to 
communicate  their  action  to  the  Session  suspending  him,  with  the  reasons 
for  it,  and  to  request  the  said  Session  to  proceed  against  him,  on  sepa- 
rate process,  for  duplicity  and  disorder. 

The  reply  of  the  Committee  was  adopted. — 1866,  p.  269,  N.  S. 

2.  A  letter  of  dismission  takes  effect  as  soon  as  granted  so  far  as 

rights  and  privileges  are  concerned. 

a.  A  letter  of  dismission,  whether  issued  to  a  ruling  elder  or  private 
member,  terminates  the  relations  of  the  person  dismissed  with  the  church 
giving  the  letter,  except  so  far  as  said  church  is  responsible  for  its  watch 
and  care  over  him  during  the  period  of  transition. 

b.  These  rights  and  privileges  can  be  regained  in  that  church  by 
returning  the  letters  of  dismission  to  the  authority  which  gave  them. 

C.  These  rights  and  privileges  can  be  secured  in  any  other  church 
within  the  jurisdiction  of  this  General  Assembly,  by  virtue  of  such  cer- 
tificates, provided  they  are  presented  to  the  Session  thereof  within  one 
year  from  their  date ;  and,  until  they  are  presented,  such  persons  are 
amenable  to  the  church  from  which  the  certificates  were  received, — 
1867,  p.  512,  N.  S. 

[Note.— The  "  rights  and  privileges  "  do  not  include  the  functions  of  any  office  pre- 
viously held  by  him  in  that  church.    See  Book  of  Discipline,  Sec.  cix,  last  clause.] 

ex.  In  like  manner,  a  minister  shall  be  subject  to  the  jurisdiction  of 
the  Presbytery  which  dismissed  him  (but  shall  not  deliberate  or  vote,  nor 


794  BOOK    OF    DISCIPLINE,    SECT.     110. 

be  counted  in  the  basis  of  representation  to  the  General  Assembly), 
until  he  actually  becomes  a  member  of  another  Presbytery ;  but,  should 
he  return  the  certificate  of  dismission  within  a  year  from  its  date,  the 
Presbytery  shall  make  record  of  the  fact,  and  restore  him  to  the  full 
privileges  of  membership. 

1.  Jurisdiction  over  a  deposed  minister  is  in  the  Presbytery  which 

deposed  him. 

a.  The  Presbytery  of  Des  Moines  deposed  Rev.  James  H.  Shields 
from  the  ministry.  Subsequently,  Mr.  Shields  applied  for  restoration  to 
the  Presbytery  of  Keokuk,  within  whose  bounds  he  resided  at  the  time 
of  his  application. 

The  Committee  on  Polity  reported  an  overture  from  the  Presbytery  of 
Keokuk,  asking  if  they  have  jurisdiction  over  the  case  of  James  H, 
Shields,  deposed  by  the  Presbytery  of  Des  Moines. 

The  Committee  recommended  to  the  Assembly,  that  the  question  sub- 
mitted by  the  Presbytery  of  Keokuk  be  answered  in  the  negative ;  and 
the  recommendation  was  adopted. — 1859,  p.  18,  N.  S. 

b.  In  the  case  of  Rev.  Michael  Hummer,  deposed  by  the  Presbj'tery 
of  Iowa,  and  restored  by  the  Presbytery  of  Highland,  the  Assembly 
declare  it  irregular  and  unconstitutional  for  any  Presbytery  to  receive 
and  restore  a  member  of  another  Presbytery  who  has  been  deposed. — 
1862,  p.  608,  O.  S. 

[Note. — See  under  Form  of  Government,  Chap,  x,  Sec.  viii,  p.  207 ;  also  Book  of 
Discipline,  Sec.  xliii,  p.  662.] 

2.  Where  a  minister  is  deposed  the  name   should   not  be  formally 
stricken  from  the  roll  until  the  proceedings  are  finally  issued. 

An  inquiry,  proposed  to  the  Assembly  by  Fisk  Harmon,  of  Swede 
Point,  la.,  respecting  a  case  of  discipline  which   has  occurred  in  what 

he   calls  the  Presbytery  of  D .     A  minister  is  said  to   have  been 

deposed,  and  the  sentence  of  deposition  to  have  been  pronounced,  but 
his  name  was  not  ordered  to  be  stricken  from  the  roll.  The  Clerk,  how- 
ever, assumed  the  responsibility  of  erasing  his  name ;  and  when  the  case 
was  appealed  to  the  Synod,  and  remanded  by  it  to  the  Presbytery  that 
new  evidence  might  be  presented  by  the  appellant,  and  the  deposed 
minister  demanded  that  his  name  might  be  replaced  on  the  roll  before  the 
Presbytery  proceeded  to  the  reception  of  the  evidence,  he  was  informed 
by  the  Moderator  that  his  name  did  not  belong  there.  The  inquiry  is: 
"  Can  this  new  sentence  of  striking  the  name  of  the  deposed  minister 
from  the  roll  be  constitutionally  inflicted  without  a  new  and  regular  trial  ?  " 

The  Committee  recommend  the  following  reply: 

As  the  name  of  every  minister  under  trial  must  be  properly  on  the  roll 
of  some  Presbytery,  it  should  not  be  finally  erased  until  the  completion 
of  all  the  ecclesiastical  proceedings  connected  with  the  case.  In  the 
present  instance,  the  Assembly  decide  that  the  name  of  the  minister 
referred  to  should  be  restored  to  the  roll  of  the  Presbytery,  and  retained 
until  the  case  has  been  finally  disposed  of. — 1869,  p.  270,  N.  S. 

[NoTK. — Nor  is  the  name  of  a  suspended  minister  to  be  removed  from  the  roll  of 
Preshvterv  and  placed  upon  a  private  register.  See  Form  of  Government,  Chap,  x. 
Sec.  viii.  No.  15,  p.  206.] 


OF   JURISDICTION   IN   CASES   OF    DISMISSION.  795 

3.    The  privileges  of  membership  cease  with  the  granting-  of 

the  letter. 

The  established  rule  of  the  Presbyterian  Church,  in  relation  to  the 
dismission  of  a  minister  from  his  Presbytery  is,  * '  that,  in  all  ordinary  cases, 
all  the  rights  and  privileges  of  an  individual  in  a  Presbytery  cease  when, 
at  his  request,  his  dismission  is  granted." 

He  may,  however,  within  any  reasonable  time  before  he  has  used  his 
letter  of  dismission,  return  it  to  the  Presbytery,  and  then  claim  all  his 
former  rights  and  privileges;  but,  until  he  has  used  his  letter,  he  is 
amenable  to  the  Presbytery  which  has  dismissed  him. — 1867,  p.  512, 
N.  S. 

4.    While  a  minister  is  in  transitu  he  is  a  member  of  the 
Presbytery  which  gave  him  his  letter. 

Overture  from  the  Presbytery  of  Marion,  as  follows: 
A  minister  receives  a  dismission  to  unite  with  a  distant  Presbytery, 
and  travels  in  the  region  indicated,  but  does  not  remove  his  family. 
After  an  absence  of  months,  perhaps  of  more  than  a  year,  he  returns  to 
the  residence  of  his  family.  During  his  absence,  however,  the  Synod 
sets  off  "  all  the  ministers  ' '  of  his  Presbytery  ' '  residing  north  of  the 
south  line  ' '  of  his  county  to  form  part  of  a  new  Presbytery.  Holding 
the  original  certificate,  to  which  Presbytery  does  he  belong,  and  in  case 
of  the  necessity  of  process  for  uuminislerial  conduct,  which  Presbytery 
is  bound  to  proceed  in  his  case  ?     It  was 

Resolved,  That  the  minister  in  question  be  held  to  belong  to  the  Pres- 
bytery which  granted  him  the  certificate. — 1864,  p.  314,  O.  S. 

5.  A  suspended  minister  is  under  the  jurisdiction  of  the  Presbytery 
which  suspended  him.  When  sentence  has  been  reversed  for 
informality,  if  process  is  not  commenced  in  six  months,  a  dis- 
mission in  good  standing  may  be  claimed. 

Mr.  Bell  had  been  suspended,  and  took  an  appeal  to  the  Assem])ly, 
which  was  sustained. 

The  Committee  appointed  to  prepare  a  minute  expressive  of  the  sense 
of  the  Assembly  concerning  the  appeal  of  Joseph  E.  Bell,  reported  the 
following  resolutions,  which  were  adopted,  viz. : 

1.  Resolved,  That  in  the  judgment  of  the  Assembly,  Mr.  Bell  was, 
and  still  continues  to  be,  fully  amenable  to  the  Presbytery  of  Concord. 

2.  That  while  the  Assembly  do  not  wish  to  protect  the  guilty,  they  do 
judge  that  great  caution,  deliberation,  and,  as  far  as  may  be,  the  rules  of 
discipline,  where  ministerial  character  is  impeached,  ought  to  be  strictly 
observed,  and  that  in  this  case  the  informality  was  exceptionable. 

3.  That  if  it  be  deemed  necessary  for  the  good  of  religion,  and  the 
honor  of  the  ministerial  character,  the  Presbytery  of  Concord  are  entirely 
competent  to  commence  a  new  trial.  Or  if  Mr.  Bell  shall  desire  for  his 
own  sake  a  new  trial,  the  door  is  still  open. 

4.  That  in  the  meantime  Mr.  Bell's  ministerial  character- shall  be  con- 
sidered regular ;  and  if  no  process  shall  be  commenced  by  either  party 
within  the  space  of  six  months  from  the  1st  of  June  next,  then  Mr.  Bell 
may  claim  from  the  Presbytery  of  Concord  a  dismission  declaring  him  to 
be  in  regular  standing. — 1828,  pp.  240,  241. 


796  BOOK    OF   DISCIPLINE,    SECT.    110-112. 

6.    A  minister  holding  a  letter  of  dismission  is  a  member  of  the 
Presbytery  dismissing  him  until  received  by  another  body. 

In  answer  to  an  inquiry  from  the  Mileage  Committee  as  to  the  status 
of  a  minister  in  transitu,  it  was  Resolved,  That  the  ruling  of  the  Assem- 
bly of  1860,  N.  S.  (see  Moore's  Digest,  1873,  p.  619),  be  adopted  as 
the  ruling  of  this  Assembly,  to  wit :  He  is  a  member  of  the  Presbytery 
dismissing  him  until  I'eceived  by  another  body. — 1883,  p.  648. 

7.  Where  the  reception  was  invalid  by  reason  of  fraud  he  remains 
under  the  jurisdiction  of  the  Presbytery  dismissing  him. 
Overture  from  the  Presbytery  of  Northumberland,  relative  to  the 
question  of  jurisdiction  in  the  case  of  Rev.  Samuel  E.  Webster,  who 
had  obtained  admission  to  the  Presbyteiy  of  East  Florida  upon  a  letter 
whose  date  had  been  changed  by  said  Webster,  to  bring  it  within  the 
usual  limit  of  one  year.  We  recommend  the  following  action:  Inasmuch 
as  the  letter  by  which  Samuel  E.  Webster  was  received  into  the  Presby- 
teiy of  East  Florida  was  forged,  so  far  as  the  date  was  concerned,  his 
reception  by  it  was  invalid,  and  he  is  still  under  the  jurisdiction  of  the 
Presbytery  of  Northumberland. — 1894,  pp.  44,  45. 

CXI.  A  Presbytery,  giving  a  certificate  of  dismission  to  a  minister, 
licentiate,  or  candidate  for  licensure,  shall  specify  the  particular  body  to 
Avhich  he  is  recommended ;  and,  if  recommended  to  a  Presbytery,  no 
other  than  the  one  designated,  if  existing,  shall  receive  him. 

1.    Presbytery  must  specify  the  body  to  which  a  member  is 

dismissed. 

Resolved,  That,  whereas  it  is  a  fundamental  principle  of  the  govern- 
ment and  discipline  of  the  Presbyterian  Church,  that  every  minister  of 
the  Gospel  belonging  to  it  be  subject,  at  all  times,  to  his  brethren  in  the 
Lord,  and  accountable  to  them  for  the  orthodoxy  of  his  principles,  and 
for  his  moral,  religious,  and  orderly  deportment;  it  is  therefore, 

Ordered,  That  every  Presbytery  under  the  care  of  this  Assembh , 
whenever  they  dismiss  a  member,  be  careful  particularly  to  specify  w'ith 
what  Presbytery,  aesociation,  or  classis,  or  other  religious  body,  he  is  to 
be  associated  after  his  dismission  (to  which  some  of  the  Presbyteries  do 
not  appear  to  have  been  sufficiently  attentive)  ;  and  that  every  member 
so  dismissed  be,  in  all  cases,  considered  as  amenable  to  the  Presbytery 
which  has  dismissed  him  till  he  shall  become  connected  with  the  ecclesias- 
tical body  which  he  shall  have  been  directed  to  join. — 1806,  p.  351. 

2.    He  must  unite  with  the  body  designated. 
Can  a  minister  of  one  Presbytery  unite  with  any  other  Presbytery  than 
that  designated  in  his  letter  of  dismission  ?     Answered  in  the  negative 
(see  Chap,  x.  Sec.  ii-iv,  Book  of  Discipline,  Old). — 1877,  p.  550. 

3.    The  Presbytery  receiving  a  minister  on  a  certificate  must 
notify  the  Presbytery  that  dismissed  him. 

[Note. — See  below,  Sec.  cxv.] 

4.    The  dismission  may  not  be  by  a  standing  committee. 

[Note. — See  Form  of  Government,  Chap,  x,  Sec.  viii,  p.  201.] 
CXII.    If  a  church  becomes  extinct,  the  Presbytery  with  which  it  was 
connected  shall  have  jurisdiction  over  its  members,  and  grant  them  letters 


OF   REMOVALS    AND    LIMITATION    OF   TIME.  797 

of  dismission  to  some  other  church.     It  shall,  also,  determine  any  case  of 
discipline  begun  by  the  Session  and  not  concluded. 

1.    Members  of  an  extinct  church  amenable  to  Presbytery. 

A  church  has  been  dissolved  by  the  Presbytery,  letters  having  been 
given  the  members  to  unite  with  any  evangelical  church  where  God  may, 
in  His  providence,  cast  their  lot. 

One  of  these  members  holds  such  a  letter  more  than  eighteen  months 
old,  not  having  used  said  letter.  Is  such  a  member  amenable  to  the 
Presbytery,  and  is  the  Presbytery  under  obligation  to  receive,  entertain, 
and  pass  upon  a  complaint  entered  against  such  party,  holding  said  letter  ? 

The  Committee  recommend  that  this  overture  be  answered  in  the 
affirmative,  on  the  following  grounds: 

1.  That  every  church  member  is  amenable  to  some  appropriate 
tribunal,  and  that,  in  the  case  specified  in  the  overture,  this  tribunal 
must  be  the  Presbytery. 

2.  That  every  member  of  a  church  continues  to  be  amenable  to  that 
church,  until  he  becomes  regularly  connected  with  another. — 1869,  p. 
266,  N.  S. 

CXIII.  If  a  Presbytery  become  extinct,  the  Synod,  with  which  it 
was  connected,  shall  have  jurisdiction  over  its  members,  and  may  transfer 
them  to  any  Presbytery  within  its  bounds.  It  shall,  also,  determine  any 
case  of  discipline  begun  by  the  Presbytery  and  not  concluded. 

[Note. — See  under  Form  of  Government,  Chap,  x,  Sec.  viii,  p.  333.] 


CHAPTER  XII. 
OF  REMOVALS  AND  LIMITATION  OF  TIME. 

CXIV.  When  any  member  shall  remove  from  one  church  to  another, 
he  shall  produce  a  certificate,  ordinarily  not  more  than  one  year  old,  of 
his  church  membership  and  dismission,  before  he  shall  be  admitted  as  a 
regular  member  of  that  church. 

The  names  of  the  baptized  children  of  a  parent  seeking  dismission  to 
another  church  shall,  if  such  children  are  members  of  his  household  and 
remove  with  him  and  are  not  themselves  communicants,  be  included  in 
the  certificate  of  dismission.  The  certificate  shall  be  addressed  to  a 
particular  church,  and  the  fact  of  the  reception  of  the  person  or  persons 
named  in  it  shall  be  promptly  communicated  to  the  church  which  gave  it. 

[Note. — See  also  Form  of  Government,  Chap,  ix,  Sec.  vi,  p.  163.] 

1.    A  certificate  of  dismission  should  be  required. 

Nor  can  the  Assembly  foi-bear  to  regret  that  the  Session  of  the  church 
of  Chillicothe  had  not  acted  in  a  more  formal  manner  in  receiving  Mr. 
McCalla,  and  had  not  required  a  regular  certificate  of  dismission  from 
the  church  to  which  Mr.  McCalla  belonged  before  they  received  him. — 
1821,  p.  21. 


798  BOOK    OF    DISCIPLINE,    SECT.    114. 

2.  Names  of  baptized  children,  not  adults  or  communicants, 

should  be  included. 

When  parents  with  their  families  are  dismissed  to  other  churches,  the 
names  of  baptized  children  who  have  neither  come  to  years  of  discretion 
nor  become  communicants  should  be  embraced  in  the  certificate  given. — 
1882,  p.  98. 

3.  To  receive  members  of  churches  of  our  own  connection 

without  a  certificate  is  irregular. 

The  same  Committee  reported  an  overture,  asking  if  it  be  in  accord- 
ance with  ecclesiastical  law  and  order  in  the  Church  to  receive  members 
of  another  church  who  have  not  been  regularly  dismissed,  with  a  view 
to  such  change  of  relation. 

The  Committee  recommended  that,  so  far  as  churches  in  our  own  con- 
nection are  concerned,  the  question  be  answered  in  the  negative,  and 
refer  to  the  Book  of  Discipline  (Old),  Chap,  xi.  Sec.  i. 

The  report  was  adopted. — 1868,  p.  58,  N.  S. 

4.  Members  received  from  other  denominations  without  testimonials 
or  evidence,  to  be  received  on  profession. 
Overture  No.  24  from  the  Presbytery  of  Elizabeth,  inquiring  what 
evidence  of  standing  is  to  be  deemed  the  equivalent  of  a  certificate  in  the 
case  of  persons  coming  from  denominations  which  do  not  give  certificates 
to  a  Presbyterian  church.  It  is  recommended  that,  in  the  absence  of 
satisfactory  testimonials  as  to  church  membership  or  of  personal  knowl- 
edge of  the  piety  and  good  standing  of  such  persons  in  other  evangelical 
churches,  the  applicant  is  to  be  received  on  a  profession  of  faith  in 
Christ.— 1897,  p.  132. 

5.    Dismission  to  join  another  denomination. 

a.  Resolved,  That  in  all  cases  where  members  of  any  of  our  churches 
apply  for  dismission  to  unite  with  a  church  of  another  denomination,  the 
proper  course  is  to  give  a  certificate  of  Christian  character  only. — 1839, 
p.  177,  O.  S. 

b.  The  Presbytery  of  Hudson,  requesting  that  this  rule  be  rescinded, 
the  Assembly  replied: 

The  Presbytery  of  Hudson  has  misapprehended  the  spirit  and  scope  of 
the  resolution  in  question.  It  is  neither  a  censure  on  the  individuals,  nor 
the  churches  to  which  they  seek  to  be  dismissed,  but  sets  forth  the  only 
fact  which  it  is  important  that  those  churches  should  know. — 1848,  p. 
22,  O.  S. 

[Note. — Churches  in  correspondence  should  be  treated  asif  of  our  own  connection.] 

6.    The  form  of  dismission  to  other  denominations  left  to  the 
discretion  of  the  Session. 

Shall  members  of  our  churches,  who  may  wish  to  join  churches  not  in 
correspondence  Avith  the  General  Assembly,  receive  certificates  in  the 
same  form  as  if  they  wished  to  join  another  church,  in  our  communion, 
or  in  correspondence  with  the  Assembly ;  or  has  the  church  Session  done 
all  that  it  ought  to  do,  when  in  such  cases  the  good  and  regular  standing 
of  the  persons  so  applying  is  duly  certified  ? 

Resolved,  That  this  whole  subject  is  one  that  ought  to  be  left  to  the 
sound  discretion  of  the  various  church  Sessions,  according  to  the  Consti- 
tution of  the  Presbyterian  Church. — 1851,  p.  28,  O.  S. 


OF    REMOVALS    AND    LIMITATION   OF   TIME.  799 

7.    Dismission  of  a  suspended  member. 

Is  it  orderly  in  aiiy  case  to  dismiss  to  another  church  a  suspended 
member,  stating  the  case,  and  submitting  it  to  the  Session  to  which  he 
has  removed  ? 

It  may  be  orderly  in  circumstances  of  necessity  arising  from  removal 
to  an  inconvenient  distance,  provided  that  in  no  instance  the  Session  to 
which  he  be  dismissed  be  allowed  to  review  or  rejudge  the  case. — 1849, 
p.  239,  O.  S. 

8.     A  suspended  person  being  restored  by  the  superior  judicatories 
may  claim  dismission  in  good  standing. 

a.  In  regard  to  the  complaint  of  Mr.  Dobbins,  against  the  Session  of 
the  church  of  Augusta,  for  receiving  members  suspended  by  the  Session  of 
the  church  of  Smyrna,  the  Assembly  are  of  opinion  that  both  Sessions 
acted  unconstitutionally;  the  Session  of  Smyrna  in  suspending  said  mem- 
bers, and  the  Session  of  Augusta  in  receiving  them  when  suspended. 
Therefore, 

Resolved,  That  the  appeal,  on  this  complaint,  be  and  it  is  hereby 
sustained ;  and  the  members  in  question  are  hei'eby  declared  to  be  still 
members  in  good  standing  in  the  church  of  Smyrna;  and  the  Session  of 
the  church  of  Smyrna  are  hereby  directed  to  dismiss  said  members  if  they 
still  desire  it,  that  they  may  regularly  connect  themselves  with  the 
church  of  Augusta. — 1824,  p.  124. 

b.  Resolved,  That  the  Presbytery  of  Nashville  having  fully  exon- 
erated the  appellant  from  all  blame  in  the  matters  respecting  which  he 
was  charged  before  the  Session  of  the  church  at  Clarksville,  his  character 
is  unimpeached,  and  that  he  is  now,  and  ever  has  been  since  the  action  of 
the  Presbytery  in  his  case,  entitled  to  a  dismission  from  the  church  at 
Clarksville,  whenever  applied  for,  in  order  to  connect  himself  with  auy 
church  in  the  vicinity  of  his  present  residence. — 1849,  p.  237,  O.  S. 

9.    A  dismission  may  be  irregular  yet  valid. 

A  memorial  from  individuals  in  the  Presbytery  of  Concord,  formerly 
under  the  pastoral  care  of  the  Rev.  Mr.  Davies,  asking  the  Assembly  to 
determine  whether  they  are  to  be  considered  members  of  the  Prospect 
church,  or  whether  their  dismission  from  the  church  of  Centre  is  to  be 
considered  null  and  void.  The  Committee  recommended  that  the  Assem- 
bly, while  not  approving  of  the  haste  and  confusion  with  which  their 
dismission  was  given,  declare  their  actual  connection  with  the  church  of 
Prospect  now  to  be  valid  and  regular.  The  recommendation  was 
adopted.— 1849,  p.  266,  O.  S. 

10.    Members  removing  should  be  furnished  with  testimonials  of 
standing,  and  should  be  counseled  to  transfer  their  relations. 

Overture  from  the  Presbytery  of  Iowa,  asking  the  Assembly  to  make 
it  the  duty  of  every  church  to  give  a  letter  of  dismission  to  every  mem- 
ber when  removing  to  another  locality  where  there  is  a  Presbyterian 
church,  etc.     The  folloAving  answer  was  adopted : 

The  Committee  recommends  that  it  be  enjoined  upon  the  Sessions  of 
our  churches,  on  the  removal  of  any  members  beyond  the  boundaries  of 
their  own  organizations,  to  furnish  such  members,  whether  in  full  com- 
munion or  members  by  baptism  only,  with  testimonials  of  their  standing; 
which  testimonials  it  shall  be  the  duty  of  such  persons  at  once  to  present 


800  BOOK    OF    DISCIPLINE,    SECT.     114-116. 

to  some  church  of  our  connectiou,  and  the  Sessions  shall  earnestly  counsel 
these  members  to  transfer  their  relation  immediately,  if  practicable,  or  at 
the  earliest  opportunity. 

Also,  that  ill  case  but  a  single  organization  of  our  order  is  within 
reach  of  the  parties  so  removed,  the  Sessions  having  care  of  them  shall 
transmit  to  that  chunh  Session  a  copy  of  the  testimonials  foregoing;  if 
there  be  more  than  one  such  organization,  then  the  parties  transferred 
may  elect  to  which  organization  these  testimonials  shall  be  sent. — 1869, 
p.  923,  O.  S. 

11.  Churches  receiving  members  by  letter  should  notify  the  church 
from  which  they  come.  Blank  forms  of  the  Board  of  Publication 
commended. 

Overture  from  the  Presbytery  of  Neosho,  on  the  dismission  of  church 
members. 

Resolved,  That  the  General  Assembly  urge  upon  the  Sessions  of 
churches  the  imi^ortauce  of  giving  to  members  who  remove  from  them 
either  letters  of  dismission  and  recommendation  to  a  particular  church, 
or  in  case  of  uncertain  destination,  letters  of  credence,  and  that,  on  the 
reception  of  members  from  other  churches,  they  notify  immediately  the 
churcli  from  which  the  member  has  been  dismissed.  And  they  also  urge 
upon  all  our  churches  the  use  of  the  printed  blanks  for  the  dismission 
and  reception  of  members  furnished  by  our  Board  of  Publication. — 
1871,  p.  587. 

[Note. — See  also  under  Sec.  cxv,  j).  801.] 

12.  The  limit  of  one  year  does  not  ordinarily  exclude,  where  the 
Session  has  knowledge  of  the  reasons  and  of  the  religious  life. 

The  Synod  (of  Kentucky)  except  to  the  Sessional  records  of  a  certain 
church,  because  of  the  alleged  irregularity  of  said  Session  in  recei\'ing 
members  on  return  of  certificates  alone,  after  undue  length  of  time, 
knowledge  of  such  irregularity  being  brought  to  the  Synod's  notice  by  a 
protest  (Book  of  Discipline,  Old,  Chap,  xi,  Sec.  ii).  Your  Committee 
recommend  that  exception  be  taken  to  this  action  of  the  Synod  because, 
in  their  judgment,  the  Synod's  exception  to  the  Presbytery's  action  is 
not  well  taken,  for  the  reason  that  it  appears  to  your  Connnittee,  from 
papers  placed  in  their  hands,  and  which  ought  to  have  been  in  the 
Synod's  possession  before  taking  action  in  the  case,  that  the  parties 
in  question  had  good  and  sufficient  reasons  for  such  delay,  being  unsettled 
as  to  a  permanent  home ;  their  moral  and  religious  life,  meantime,  being 
well  known  to  the  Session  as  fully  comporting  with  the  requirements  of 
the  Gospel  of  Christ.— 1880,  p.  79. 

13.  Certificate   of  dismission   granted   only   by  vote  of  the   Session 

regularly  constituted. 

An  overture  from  the  Presbytery  of  Steuben ville  asking:  Is  it 
regular  to  grant  a  certificate  of  dismission  to  a  member  of  the  Church 
otherwise  than  by  a  vote  of  the  Session  regularly  constituted  ?  For 
example,  by  a  Session  informally  assembled,  or  by  a  pastor  or  Clerk 
acting  for  the  Session  ? 

Your  Committee  recommends  the  following  answer:  It  is  not  regular. 
Adopted.— 1890,  p.  113. 


OF    REMOVALS    AND    LIMITATION    OF    TIME,  801 

14.    The  above  modified.    The  Moderator  or  Stated  Clerk  may  be 
authorized  to  issue  letters  in  the  interim. 

Overture  from  the  Presbytery  of  Baltimore,  asking  the  Assembly  "  to 
modify  the  deliverauce  of  the  Assembly  of  1890  {Miymtes,  p.  113),  so 
that  church  Sessions  may  delegate  authority  to  issue  letters  of  dismission 
to  those  in  good  and  regular  standing,  the  granting  of  such  certificates 
to  be  affirmed  at  the  next  meeting  of  the  Session." 

The  Committee  answer,  that  it  does  not  find  in  the  Form  of  Govern- 
ment anything  which  would  invalidate  the  custom  of  authorizing,  by 
vote  of  Session,  its  Moderator  or  Stated  Clerk  to  issue  letters  in  the 
interim  of  the  meetings  of  the  Session  to  members  who  are  in  good  stand- 
ing, and  to  report  such  dismissions  to  the  Session  at  its  next  meeting. 
Adopted.— 1891,  p.  106. 

CXV.  In  like  manner,  when  a  minister,  licentiate,  or  candidate,  is 
dismissed  from  one  Presbytery  to  another,  the  certificate  shall  be  pre- 
sented to  the  Presbytery  to  which  it  is  addressed,  ordinarily  within  one 
year  from  its  date,  and  the  fact  of  his  reception  shall  be  promptly  com- 
municated to  the  Presbytery  dismissing  him. 

1.    Notice  of  reception  to  be  given. 

1.  That  on  the  reception  of  a  minister  by  certificate  of  dismission  from 
another  Presbytery,  it  be  recommended  to  the  Stated  Clerk  of  the  Pres- 
bytery receiving  him  to  notify  the  Stated  Clerk  of  the  Presbytery  grant- 
ing the  certificate  of  the  fact  of  the  reception. 

2.  That  the  name  of  every  minister  receiving  a  certificate  of  dismission 
be  retained  on  the  roll  of  the  Presbytery  dismissing  him  until  notice  of 
his  reception  be  received  from  the  Stated  Clerk  of  the  Presbytery  receiv- 
ing him. 

3.  That  similar  recommendations  be  sent  to  Sessions  concerning  the 
dismission  and  reception  of  church  members. — 1874,  p.  82. 

CXVI.  If  a  church-member,  more  than  two  years  absent  from  the 
place  of  his  ordinary  residence  and  church  connections,  applies  for  a 
certificate  of  membership,  his  absence,  and  the  knowledge  of  the  church 
respecting  his  demeanor  for  that  time,  or  its  want  of  information  con- 
cerning it,  shall  be  distinctly  stated  in  the  certificate. 

1.  The  standing  of  members  absent  and  unknown.  Such  absence 
without  certificate  itself  censurable.  If  willful,  they  should  be 
suspended. 

The  Committee  appointed  on  the  overture  from  the  Synod  of  New 
Jersey,  inquiring  what  a  church  Session  ought  to  do  with  members  in 
comnmuion  who  have  been  absent  for  years  without  having  taken  a  certi- 
ficate of  dismission,  and  whose  place  of  residence  is  unknown,  made  a 
report  which,  being  read  and  amended,  was  adopted,  and  is  as  follows, 
viz. : 

That  although  this  particular  case  is  not  provided  for  by  a  specific 

regulation  in  our  Book  of  Discipline  (Old),  yet  it  is  embraced  by  certain 

general  principles  which  are  recognized  in  that  book  and  interwoven  with 

many  of  its  provisions.     These  principles,  together  with  the  result  bear- 

51 


802  BOOK    OF    DISCIPLINE,    SECT.    116-119. 

ing  on  the  case  in  question,  the  Committee  beg  leave  most  respectfully  to 
state: 

1.  Every  church  member  is  amenable  to  some  appropriate  tribunal,  by 
the  wisdom  and  fidelity  of  which,  in  case  of  his  falling  into  any  error, 
immorality  or  negligence,  he  may  be  dealt  with  according  to  the  Word 
of  God. 

2.  No  member  of  a  church  can  properly  ever  cease  to  be  such  but  by 
death,  exclusion,  a  regular  dismission,  or  an  orderly  withdrawing  to  join 
some  other  Christian  denomination ;  and  must  of  necessity  continue  to  be 
amenable  to  that  church  until  he  becomes  regularly  connected  with 
another. 

3.  For  a  church  member  to  withdraw  from  a  use  of  his  privileges  as  a 
member,  either  by  irregularly  connecting  himself  with  another  denom- 
ination, or  by  going  to  a  distant  part  of  the  world  to  reside  for  a  number 
of  years,  without  making  known  his  removal  to  the  church  Session,  and 
asking  a  certificate  either  of  good  standing,  for  the  purpose  of  enjoying 
occasional  communion  elsewhere,  or  of  dismission,  to  join  some  other 
church,  is  itself  a  censurable  violation  of  the  principles  of  church  fellow- 
ship, and  may  infer  suspension  from  its  privileges. 

4.  Church  members,  therefore,  who  have  been  absent  for  a  number  of 
years  in  unknown  places,  are  by  no  means  to  have  their  names  erased 
from  the  churches  to  which  they  respectively  belong,  but  are  to  be  held 
responsible  to  their  respective  churches ;  and  if  they  should  ever  return, 
or  be  heard  from,  are  to  be  regularly  dealt  with  according  to  the  Word 
of  God  and  the  principles  of  our  Church ;  and  although  great  caution 
and  tenderness  ought  to  be  exercised  towai'd  those  whose  withdrawing 
from  Christian  privileges  may  be  occasioned  by  the  unavoidable  dispensa- 
tions of  Providence,  without  any  material  fault  of  their  own,  yet  in  all 
cases  in  which  a  church  Session  has  good  reason  to  believe  that  any  of 
the  church  under  their  care  have  absented  themselves  with  design,  either 
from  a  disregard  of  Christian  privilege  or  from  a  wish  to  escape  from  the 
inspection  and  discipline  of  the  Church,  they  ought,  ^vithout  unnecessary 
delay,  to  declare  such  persons  suspended  from  the  priNdleges  of  the 
church  until  they  give  evidence  of  repentance  and  reformation,  and  of 
course,  in  making  their  statistical  reports,  ought  to  enumerate  such 
among  the  members  under  suspension. — 1825,  pp.  138,  139. 

[Note. — See  Form  of  Government,  Chap,  ix,  Sec.  vi;  a  decision  on  the  duties 
of  the  Session  in  case  of  certain  irregularities,  No.  12,  p.  168.  See  also  Book  of  Disci- 
pline, Sees,  xlix  and  hi,  pp.  665,  667.] 

CXVII.  Prosecution  for  an  alleged  offence  shall  commence  within  one 
year  from  the  time  of  its  alleged  commission,  or  from  the  date  when  it 
becomes  known  to  the  judicatory  which  has  jurisdiction  thereof. 

1.    Limitation  not  to  be  pleaded  against  the  order  of  a  superior 

judicatory. 

INoTE.— In  a  case  carried  by  complaint  to  the  Synod  of  Mississippi,  the  Synod  re- 
ferred the  whole  matter  back  to  the  Presbytery.  The  Presbytery  entered  upon  the 
case  ;  but,  finding  that  two  years  had  elapsed  since  the  act  was  committed,  declined 
to  proceed  further,  on  the  ground  of  the  limitation  above.] 

The  Assembly  declared: 

That  the  Presbytery  of  Louisiana  erred  in  pleading  the  limitation  of 
time  for  their  non-compliance  with  the  resolution  of  Sjmod,  referring  this 
whole  case  to  them  for  a  full  investigation. — 1850,  p.  481,  O.  S. 


OF   JUDICIAL   COMMISSIONS.  803 

2.    The  plea  is  good  where   the  offence  was  known  to  members  of 
the  judicatory  more  than  a  year  before  process  was  begun. 

Overture  No.  19  was  then  taken  up  from  the  docket,  which  is  as 
follows : 

When  a  church  Session  has  tabled  charges  against  a  church  member 
for  falsehood,  and  summoned  the  accused  with  the  witnesses,  is  it  compe- 
tent for  the  Session  to  dismiss  the  charges  on  the  plea  of  the  accused  that 
a  prosecution  is  barred  by  the  limitation  of  time  in  Chap,  xi,  Sec.  xv, 
of  the  Discipline  ("  Process  in  case  of  scandal,"  etc.),  the  alleged  crime 
having  been  committed  and  "  become  flagrant,"  and  known  to  members 
of  Session  more  than  twelve  months  before  process  was  instituted  ? 

The  Committee  recommended  that  this  inquiry  be  answered  in  the 
affirmative.     Adopted.— 1857,  p.  42,  O.  S. 


CHAPTER  XIII. 

OF  JUDICIAL  COMMISSIONS. 

CXVIII.  The  General  Assembly,  each  Synod,  and  each  Presbytery 
under  its  care,  shall  have  power  to  appoint  Judicial  Commissions  from 
their  respective  bodies,  consisting  of  ministers  and  elders,  in  number  not 
less  than  eighteen  (18)  from  the  General  Assembly,  not  less  than  twelve 
(12)  from  any  Synod,  and  not  less  than  seven  (7)  from  any  Presbytery. 

1.  The  Judicial  Committee  may  be  appointed  a  Judicial  Commission. 

By  formal  resolution  the  Judicial  Committee  was  appointed  the  Judi- 
cial Commission  to  try  judicial  cases  Nos.  5,  6  and  7. — 1896,  p.  48. 

[Note.— See  Book  of  Discipline,  Sec.  xcix  (5),  p.  752.] 

CXIX,  All  judicial  cases  may  be  submitted  to  such  Commissions,  and 
their  decisions  shall  be  subject  to  reversal  only  by  the  superior  judicatory 
or  judicatories,  except  in  matters  of  law,  which  shall  be  referred  to  the 
appointing  judicatory  for  adjudication;  and  also  all  matters  of  Constitu- 
tion and  doctrine  may  be  reviewed  in  the  appointing  body  and  by  the 
superior  judicatory  or  judicatories. 

1.    Matters  of  law  referred  to  the  appointing  judicatory. 

a.  The  Judicial  Commission  in  Case  No.  2,  to  tiy  the  complaint  of 
Rev.  David  R.  Breed,  D.D. ,  and  others,  members  of  the  Synod  of 
Pennsylvania,  against  the  action  of  said  Synod,  and  the  finding  of  its 
Judicial  Commission  in  Judicial  Case  No.  1.  in  its  session  held  in  the 
Presbyterian  church  of  Butler,  Pa.,  October  17  to  21,  1895,  report  in 
part,  as  follows :  .   .   .  , 

The  Synod  of  Pennsylvania,  in  receiving  the  rej^ort  of  its  Judicial 
Commission  on  Case  No.  1,  did  err,  in  that,  after  said  Synod  had  recom- 
mitted the  report  of  its  Judicial  Commission  to  have  points  of  law  and 
Constitution  considered,  the  Synod  declined  (p.  47)  to  recognize  that 
there  were  matters  of  Constitution  involved  in  the  case  which  the  Synod 
was  competent  to  review,  in  acting  upon  the  finding  of  said  Judicial 


804  BOOK    OF    DISCIPLINE,    SFX'T.     11 9-123. 

Commission  as  provided  for  in  Chap,   xiii,  Sec.  cxix,   of  the    Book  of 
Discipline,  which  matters  of  Constitution  are  as  follows: 

1.  Does  a  pastoral  relation  cease  with  the  action  of  Presbytery  dissolv- 
ing such  relation,  when  no  other  time  for  its  termination  is  explicitly 
fixed  by  the  Presbytery  ? 

2.  When  a  meeting  of  a  church  duly  called  is  held  for  the  election  of 
elders,  may  the  Moderator  presiding  at  such  meeting  disqualify  voters 
whose  standing  has  not  been  impaired  by  regular  judicial  process  ? 

Your  Commission  respectfully  refer  the  above  points  of  law  and  Con- 
stitution to  the  Assembly  for  adjudication,  according  to  pi'ovision  made 
in  Chap,  xiii,  Sec.  cxix,  and  we  recommend  that  question  number  one 
be  answered  in  the  affirmative,  and  question  number  two  be  answered  in 
the  negative. 

The  first  question  was  answered  by  the  Assembly  in  the  affirmative 
and  the  second  in  the  negative. — 1896,  pp.  84,  85, 

[Note. — See  Book  of  Discipline,  Sec.  xcix,  No.  5,  p.  756.] 

b.  The  Judicial  Committee,  sitting  as  a  Judicial  Commission,  reported 
on  Judicial  Cases  Nos.  5  and  6,  submitting  three  questions  of  constitu- 
tional law,  viz.,  1,  2  and  3,  which  were  answered  in  the  affirmative,  and 
are  as  follows: 

The  Judicial  Commission  to  which  were  referred  Judicial  Cases  Nos. 
5  and  6  reports  to  the  General  Assembly,  for  its  approval,  the  following 
points  of  Constitution  and  law,  to  wit: 

1.  Presbytery,  under  our  form  of  government,  has  the  sole  power, 
Avithin  its  jurisdiction,  to  form,  unite,  and  divide  churches,  and  to  e.?tab- 
lish  and  dissolve  pastoral  relationships,  subject  to  the  provisions  of  the 
Constitution,  including  the  provisions  for  complaint,  appeal,  review  and 
control. 

2.  The  acts  of  Presbytery  may  be  appealed  from  or  complained  of  to 
a  higher  judicatory;  and  in  the  absence  of  such  appeal  or  complaint  they 
are  to  be  respected  and  obeyed  until  repealed  or  modified. 

3.  Where  com})laint  against  the  action  of  Presbytery  is  taken  to 
Synod,  and  when  no  one  appears  to  prosecute  such  complaint,  and  the 
complaint  is  dismissed  by  the  Synod,  this  action  of  the  Presbytery  remains 
in  full  force  and  effect. — 1896,  p.  131. 

[Note. — See  also  Book  of  Discipline,  Sec.  xcix,  p.  752.] 

C.  The  Judicial  Commission  appointed  by  the  General  Assembly  to 
try  Judicial  Case  No.  7  reports  for  approval  its  judgment  upon  the 
following  questions  of  Constitution  and  law: 

1.  According  to  Sec.  100  of  the  Book  of  Discipline,  "  When  the  judg- 
ment directs  admonition  or  rebuke,  notice  of  appeal  suspends  all  further 
proceedings,  but  in  other  cases  "  (viz.,  when  the  judgment  directs  sus- 
pension, deposition  or  excommunication,  see  Sec.  xxxiv)  "  the  judgment 
shall  be  in  force  until  the  appeal  is  decided,"  and  this  we  interpret  to 
mean  until  it  is  finally  decided  by  the  highest  judicatory  to  which  the 
case  is  carried. 

2.  After  a  Synod  or  a  Commission  of  a  Synod,  sitting  as  a  court  for 
the  trial  of  a  case,  has  concluded  the  case,  and  adopted  its  final  judg- 
ment, and  the  same  is  a  matter  of  record,  it  is  not  competent  for  the 
Synod,  in  ordinary  session  and  not  constituted  as  a  court,  to  interpret 
the  judgment,  or  in  any  way  modify  it. — 1896,  pp.  151,  152. 

[Note. — See  Book  of  Discipline,  Sec.  xcix,  p.  756.] 


OF    DIFFERENCES    BETWEEN   JUDICATORIES.  805 

CXX.  Such  Commissions  shall  sit  at  the  same  time  and  place  as  the 
body  appointing  them,  and  their  findings  shall  be  entered  upon  the 
minutes  of  the  appointing  body ;  provided,  however,  that  a  Commission 
appointed  by  a  Presbytery  may  also  sit  during  the  intervals  between  the 
meetings  of  the  appointing  Presbytery.  The  quorum  of  any  such  Com- 
mission shall  not  be  less  in  number  than  three- fourths  of  the  members 
appointed,  and  shall  be  the  same  in  all  other  respects  as  the  quorum  of 
the  appointing  judicatory. 


CHAPTER  XIV. 
OF  DIFFERENCES  BETWEEN  JUDICATORIES. 

CXXI.  Any  judicatory  deeming  itself  aggrieved  by  the  action  of  any 
other  judicatory  of  the  same  rank,  may  present  a  memorial  to  the  judi- 
catory immediately  superior  to  the  judicatory  charged  with  the  grievance 
and  to  which  the  latter  judicatory  is  subject,  after  the  manner  prescribed 
in  the  sub-chapter  on  Complaints  (Sees.  83-93,  Book  of  Discipline), 
save  only  that  with  regard  to  the  limitation  of  time,  notice  of  said  memo- 
rial shall  be  lodged  with  the  Stated  Clerks,  both  of  the  judicatory  charged 
with  the  grievance  and  of  its  next  superior  judicatory,  within  one  year 
from  the  commission  of  the  said  alleged  grievance. 

CXXII.  When  any  judicatory  deems  itself  aggrieved  by  another 
judicatory  and  determines  to  present  a  memorial  as  provided  for  in  the 
preceding  section,  it  shall  appoint  a  committee  to  conduct  the  case  in  all 
its  stages,  in  whatever  judicatory,  until  the  final  issue  be  reached. 

CXXIII.  The  judicatory  with  which  the  memorial  is  lodged,  if  it 
sustain  the  same,  may  reverse  in  whole  or  in  part  the  matter  of  griev- 
ance, and  shall  direct  the  lower  judicatory  how  to  dispose  of  the  case, 
and  may  enforce  its  orders.  Either  party  may  appeal  to  the  next  higher 
judicatory,  except  as  limited  by  Chap,  xi,  Sec.  iv,  of  the  Form  of  Gov- 
ernment. 

[Note.— See  Book  of  Discipline,  Sec.  cii,  No.  3,  p.  785.] 


806  DIRECTORY    FOR   WORSHIP. 

PART  V. 

THE  DIRECTORY  FOR  THE  WORSHIP  OF  GOD. 

Adopted  1788.     Amended  1789-1886. 

CHAPTER  I. 

OF  THE  SANCTIFICATION  OF  THE  LORD'S  DAY. 

I.  It  is  the  duty  of  every  person  to  remember  the  Lord's  day;  and  to 
prepare  for  it,  before  its  approach.  All  worldly  business  should  be  so 
ordered,  and  seasonably  laid  aside,  as  that  we  may  not  be  hindered  there- 
by from  sanctifying  the  Sabbath,  as  the  Holy  Scriptures  require. 

[Note. — See  Confession  of  Faith,  Chap,  xxi,  Sec.  viii,  p.  90.] 

1.   The  Assembly  petition  Congress  against  carrying  and  distributing 
the  mails  upon  the  Sabbath. 

a.  The  petition  of  the  General  Assembly  of  the  Presbyterian  Church 
in  the  United  States  of  America,  to  the  honorable  the  Senate  and  House 
of  Representatives  of  the  United  States,  in  Congress  assembled: 

Humbly  Sheweth — That  your  petitioners  view  with  deep  regret  the  infrac- 
tions of  the  Lord's  day,  occasioned  by  the  opening  of  the  mail  on  that 
day,  and  the  circumstances  accompanying  such  opening. 

A  variety  of  considerations,  temporal  and  spiritual,  combine,  in  the 
judgment  of  your  petitioners,  to  produce  this  regret.  The  institution  of 
the  Sabbath  by  the  Creator  and  Ruler  of  the  world,  whilst  it  clearly 
proves  His  benevolent  regard  for  men,  imposes  upon  them  the  reasonable 
obligation  of  devoting  this  day  to  His  service.  He  makes  it  their  duty 
to  rest  from  the  toils  and  labors  of  six  days,  and  requires  from  them  that 
they  should  statedly  assemble  together  for  His  worship  on  the  seventh. 
Both  these  objects  contemplated  by  the  institution  of  the  Sabbath,  the 
opening  of  the  mail  on  that  day  and  the  circumstances  accompanying 
it,  do  contravene  and  oppose.  They  who  carry  the  mail,  and  they  who 
open  it,  together  with  those  to  whom  letters  or  papers  ai'e  delivered,  under 
the  sanction  of  civil  law,  neglect  the  public  worship  of  God  in  part  or 
whole.  Besides  this,  the  noise  and  confusion  attending  the  carrying  and 
opening  of  the  mail  in  post  towns  too  frequently  in  a  most  painful  man- 
ner disturb  the  devotion  of  those  who  prefer  their  spiritual  to  their 
temporal  interests.  Moreover,  the  carrying  of  the  mail  encourages 
persons  to  hire  out  their  carriages  on  the  Lord's  day  to  those  who  have 
no  fear  of  God  before  their  eyes,  thus  adding  to  the  open  violation  of  the 
day;  and  to  say  no  more,  the  brute  creatures  are  made  to  work  on  this 
day  over  and  above  the  six  days,  and  thus  are  deprived  of  the  rest  to 
which  they  are  entitled  by  the  authority  of  God,  whilst  they  are  forced 
to  administer  to  the  cupidity  of  those  who  forget  the  truth,  that  "  the 
righteous  man  is  merciful  to  his  beast. ' ' 

Your  petitioners  are  the  more  deeply  impressed  with  the  importance  of 


OF   THE   SANCTIFICATION    OF    THE    LORD's    DAY.  807 

observing  the  Sabbath,  on  account  of  the  influence  which  such   observ- 
ance has  in  promoting  true  morality  and  social  happiness. 

On  this  day  all  classes  of  men  assemble  together  in  the  presence  of  God 
on  terms  of  perfect  equality,  for  in  His  presence  the  ruler  is  not  more 
important  than  the  ruled,  since  both  meet  as  sinners  needing  the  exercise 
of  sovereign  and  free  mercy. 

On  this  day  they  are  taught  from  the  Scriptures,  the  only  source  of 
truth,  their  duty,  their  interest  and  their  happiness. 

On  this  day  they  imite  according  to  the  direction  of  God,  in  prayer 
for  all  men — for  magistrates  as  well  as  subjects — for  the  nation  as  well 
as  individuals — for  every  description  of  persons. 

On  this  day  they  manifest  the  gratitude  which  they  owe  to  God  for 
benefits  received,  thanking  Him  for  His  mercies,  and  supplicating  His 
grace. 

The  effects  arising  from  the  duties  in  which  they  engage,  the  instruc- 
tion which  they  receive,  and  their  assembling  together  before  God,  are  all 
calculated  to  produce  such  a  state  of  heart  and  such  a  line  of  conduct 
as  directly  promote  individual  and  social  happiness. 

Your  petitioners  are  aware  of  the  plea  which  is  used  to  justify  the 
infractions  of  the  Sabbath  of  which  we  complain.  Works  of  necessity, 
such  as  arise  out  of  extraordinary  circumstances,  or  such  as  are  unavoid- 
able for  the  support  and  comfort  of  life,  together  with  works  of  charity, 
are  admitted  to  be  lawful,  for  God  delighteth  in  mercy  rather  than 
sacrifice. 

But  your  petitioners  cannot  conceive  that  the  ordinary  occupations  of 
life,  in  ordinary  times,  or  the  exercise  of  charity,  require  such  infractions 
of  the  Sabbath  as  are  occasioned  by  the  carrying  or  opening  of  the  mail 
on  that  day.  For  the  cases  of  sickness,  to  take  one  of  the  strongest  and 
most  plausible  facts  included  in  the  plea  of  necessity,  which  are  commu- 
nicated by  the  mail,  are  too  few,  and  happen  at  intervals  too  long,  ta 
justify  the  habitual  breach  of  the  Sabbath.  As  to  the  ordinary  business 
of  life,  any  prospect  of  gain,  or  fear  of  loss,  cannot  be  admitted  as 
legitimate  causes  for  disobeying  the  command  of  God  to  keep  the  Sabbath 
holy.  No  one  ever  yet  has  suffered,  or  will  suffer,  in  obeying  God,, 
rather  than  his  cupidity,  his  ambition,  or  his  lusts. 

Your  petitioners,  moreover,  feel  themselves  constrained  in  their  office 
as  rulers  in  the  Church,  to  exercise  the  discipline  of  that  Church  against 
those  of  their  members  who  break  the  Sabbath  in  the  carrying  or  open- 
ing of  the  mail  on  that  day.  In  doing  this  they  are  not  conscious  of  any 
disrespect  to  the  civil  authority  of  the  land.  They  Avish  to  render  unto 
Caesar  the  things  which  are  Csesar's,  but  must,  at  every  hazard,  render 
unto  God  the  things  which  are  God's.  In  thus  honoring  God  more  than 
men,  they  trust  their  motives  will  be  respected,  and  their  conduct 
approved. 

Your  petitioners  are  the  more  deeply  impressed  with  the  importance  of 
a  strict  observance  of  the  Sabbath,  and  the  necessity  of  an  alteration  in 
the  existing  regulations  of  the  post-office,  as  far  as  they  relate  to  the 
Sabbath,  from  the  prospect  of  a  war.  As  they  firmly  believe  in  the 
special  providence  of  God,  and  that  this  providence  is  exercised  accord- 
ing to  those  principles  of  truth  and  equity  revealed  in  the  Scriptures, 
they  fear,  and  have  just  reason  to  fear,  that  the  infractions  of  the  Sab- 
bath allowed  by  civil  law  will  draw  down  upon  our  nation  the  divine 
displeasure.     God  honors  those  who  honor  Him,  and  casts  down  those 


808  DIRECTORY    FOR   WORSHIP,    CHAP.    I, 

who  forget  Him,  Obedience  to  His  will  adds  dignity  to  rulers,  and 
enforces  subjection  in  those  who  are  ruled. 

From  all  these  considerations  which  have  been  given  in  detail,  your 
petitioners  pray  for  such  an  alteration  in  the  law  relative  to  the  mails,  as 
will  prevent  the  profanation  of  the  Sabbath,  which  now  takes  place  in 
conveying  and  opening  the  mail.  And  your  petitioners,  as  in  duty 
bound,  will  ever  pray,  etc. 

Ordered,  That  this  petition  be  signed  by  the  Moderator,  and  attested 
by  the  Clerk,  and  be  committed  to  the  Moderator  to  forward  to  Congress. 
—1812,  p.  513. 

b.  Dr.  Flinn,  to  whom  was  committed  the  petition  of  the  last  Assem- 
bly to  the  Congress  of  the  United  States,  on  the  subject  of  carrying  and 
opening  the  mail  on  the  Sabbath,  reported  that  he  put  the  petition  into 
the  hands  of  Mr,  Cheves,  a  member  of  the  House  of  Representatives, 
who  afterward  informed  him  that  the  prayer  of  the  petition  was  not 
granted.  — 1813,  p,  519, 

C.  In  1814  a  petition  on  the  same  subject  Avas  prepared,  and  the  Pres- 
byteries directed  to  take  order  for  circulating  the  same,  and  forwarding 
it  to  Congress. — 1814,  p.  566, 

[Note. — For  like  action  see  Minutes,  1815,  pp.  597,  601.] 

II,  The  whole  day  is  to  be  kept  holy  to  the  Lord ;  and  to  be  employed 
in  the  public  and  private  exercises  of  religion.  Therefore,  it  is  requisite, 
that  there  be  a  holy  resting,  all  the  day,  from  unnecessary  labors  ;  and 
an  abstaining  from  those  recreations  which  may  be  lawful  on  other  days ; 
and  also,  as  much  as  possible,  from  worldly  thoughts  and  conversation, 

1.    Deliverance  on  the  profanation  of  the  Sabbath.    Discipline 

enjoined. 

The  Committee  to  whom  was  referred  the  overture  respecting  the  pro- 
fanation of  the  Lord's  day,  presented  the  following  resolutions,  which 
were  adopted,  viz. : 

1.  Resolved,  That  this  Assembly  regard  with  pain  and  deep  regret  the 
profanation  of  the  Lord's  day,  which  exists  in  our  country  in  various 
forms,  and  which  is  calculated  in  an  alarming  degree  to  create  a  neglect 
of  public  worship,  a  contempt  of  the  authority  of  Almighty  God,  a 
corruption  of  morals,  and  eventually  to  bring  down  the  judgment  of 
God  on  our  land. 

2.  Resolved,  That  the  Assembly  repeat  the  warnings  which  have  here- 
tofore been  frequently  given  on  this  subject,  and  do  solemnly  and  earn- 
estly exhort  the  churches  and  individuals  in  their  connection  to  avoid  a 
participation  in  the  guilt  of  profaning  this  holy  day. 

3.  Resolved,  That  it  be  earnestly  recommended  to  the  ministers  of  the 
Presbyterian  churches  who  have  pastoral  charges,  frequently  and  solemnly 
to  address  their  people  on  the  subject  of  the  sanctification  of  the  Lord's 
day,  and  to  urge  its  vital  importance  to  our  moral,  social  and  ciAdl,  as 
well  as  religious  welfare. 

4.  Resolved,  That  it  be  solemnly  enjoined  on  all  the  Presbyteries  and 
church  Sessions  in  our  connection  to  exercise  discipline  on  their  respective 
members  whenever  guilty  of  violating  the  sanctity  of  the  Sabbath ;  and 
that  an  inquiry  should  be  annually  instituted  in  each  Presbytery  relative 
to  this  subject;  and  that  each  pastor  should  at  the  earliest  opportunity 


OF   THE   SANCTIFICATION    OF    THE    LORD' 8    DAY.  809 

practicable  present  this  subject  in  all  its  solemn  importance  to  the  Session 
of  the  church  under  his  pastoral  charge,  and  invite  the  cooperation  of 
its  members  in  all  proper  and  prudent  measures  for  the  suppression  of 
Sabbath  breaking:  and  further,  that  it  be  recommended  to  all  our  minis- 
ters and  church  members  when  traveling,  to  give  preference  to  such 
livery  establishments,  steamboats,  canal  boats  aud  other  public  vehicles 
as  do  not  violate  the  law  of  God  and  of  the  land  in  relation  to  the 
Sabbath.— 1826,  p.  182. 

2.    The  observance  of  the  Sabbath  indispensable  to  the  preservation 
of  civil  and  religions  liberty. 

1.  Resolved,  That  the  observance  of  the  Sabbath  is  indispensable  to 
the  preservation  of  civil  and  religious  liberty,  and  furnishes  the  only 
security  for  eminent  and  abiding  prosperity,  either  to  the  Church  or  the 
world. 

2.  Resolved,  That  the  growing  desecration  of  the  Sabbath  in  our 
country  must  be  speedily  arrested  and  the  habits  of  the  community 
essentially  reformed,  or  the  blessings  of  the  Sabbath,  civil,  social  and 
religious,  will  soon  be  irrecov^erably  lost. 

3.  Resolved,  That  inasmuch  as  the  work  of  a  general  reformation 
belongs,  under  God,  to  the  Christian  Church,  it  is  the  duty  of  the 
Church  to  apply  the  corrections  of  a  firm  and  efficient  discipline  to  all 
known  violations  of  the  Sabbath  on  the  part  of  her  members. 

4.  Resolved,  That  inasmuch  as  ministers  of  the  Gospel  must  act  a 
conspicuous  part  in  every  successful  effort  to  do  away  the  sin  of  Sabbath- 
breaking,  it  is  their  duty  to  observe,  both  in  their  preaching  and  their 
practice,  the  rule  of  entire  abstinence  from  all  profanation  of  the  Lord's 
day,  studiously  avoiding  even  the  appearance  of  evil. 

5.  Resolved,  That'  in  the  judsjment  of  this  General  Assembly,  the 
owners  of  stock  in  steamboats,  canals,  railroads,  etc.,  which  are  in  the 
habit  of  violating  the  Sabbath,  are  lending  their  property  and  their 
influence  to  one  of  the  most  widespread,  alarming  and  deplorable  systems 
of  Sabbath  desecration  which  now  grieves  the  hearts  of  the  pious,  and 
disgi'aces  the  Church  of  God. 

That  it  be  respectfully  recommended  to  the  friends  of  the  Lord's  day, 
as  soon  as  possible,  to  establish  such  means  of  public  conveyance  as  shall 
relieve  the  friends  of  the  Sabbath  from  the  necessity  under  which  they 
now  labor,  of  traveling  at  any  time  in  vehicles  which  habitually  violate 
that  holy  day,  and  thus  prevent  them  from  being  in  any  way  partakers 
in  other  men's  sins  in  this  respect. 

6.  Resolved,  That  the  power  of  the  pulpit  and  the  press  must  be 
immediately  put  in  requisition  on  behalf  of  a  dishonored  Sabbath,  that 
the  magnitude  and  remedy  of  the  evils  which  its  violation  involves  may 
be  fully  understood  by  the  whole  community. 

7.  Resolved,  That  this  Assembly  solemnly  enjoin  it  upon  the  churches 
under  their  care  to  adopt,  without  delay,  all  proper  measures  for  accom- 
plishing a  general  and  permanent  reformation  from  the  sin  of  Sabbath- 
breaking  and  all  its  attendant  evils. 

8.  Resolved,  That  a  Committee  of  one  from  each  Synod  under  the  care 
of  this  Assembly  be  now  appointed  to  hold  correspondence  with  ministers 
and  churches,  for  the  purpose  of  carrying  out  and  applying  the  leading 
principles  of  the  foregoing  report  and  resolutions. — 1836,  p.  281. 


810  DIRECTORY    FOR   WORSHIP,    CHAP,   I. 

3.    For  the  better  observance  of  the  Sabbath. 

The  Committee  to  whom  was  referred  Overture  No.  5,  to  wit,  a 
memorial  from  the  Presbytery  of  Cleveland  on  the  subject  of  Sabbath 
mails,  having  been  instructed  to  report  on  the  general  subject  of  Sabbath 
desecration,  submit  the  following: 

In  the  deliberate  judgment  of  your  Committee,  it  is  an  unquestionable 
fact  that,  in  despite  of  all  which  has  been  said  and  done  to  check  it,  the 
profanation  of  the  Lord's  day  is,  on  the  whole,  increasing.  There  are, 
indeed,  some  local  and  cheering  exceptions  to  this  remark,  which  we  are 
happy  to  acknowledge.  As  a  national  sin,  however,  it  steadily  gathers 
strength,  and  puts  on  a  more  unblushing  face  every  year.  We  hear 
much  of  the  moral  machinery  which  has  been  set  in  motion  for  the 
salvation  of  our  country  and  of  the  world — of  the  blessed  light  of  the 
nineteenth  century,  and  the  glory  of  our  free  institutions.  Too  often 
do  we  seem  to  forget  that  the  very  institution  which  is  the  chief  support 
of  liberty,  learning  and  religion,  is  itself  standing  in  fearful  jeopardy. 
All  those  whose  lot  is  cast  in  any  of  the  great  centres  of  business,  or  on 
any  of  the  principal  avenues  of  intercommunication,  know  that  what 
your  Committee  assert  is  true.  Their  own  eyes  have  seen  it,  their  own 
ears  have  heard  it,  and  their  hearts  have  bled  over  it  a  thousand  times. 
It  is,  in  fact,  universally  conceded,  that  the  desecration  of  the  Sabbath 
has  iDCCome  a  giant  evil,  calling  loudly  for  the  most  efficient  measures  of 
reform.  Your  Committee  desire  not  unnecessarily  to  publish  the  faults 
of  the  Christian  Church.  But  they  are  compelled  to  confess,  that  in 
many  parts  of  the  country  the  frequent  violations  of  the  Sabbath  by 
ministers  of  the  Gospel,  and  by  other  professors  of  religion,  is  a  serious 
obstacle  in  the  way  of  all  attempts  at  radical  and  permanent  reforma- 
tion. Till  the  ministry  and  the  Church  have  purified  themselves,  all  else 
will  be,  as  it  has  been,  "  beating  the  air."  Traveling  on  the  Sabbath, 
a  practice  to  which  the  convocation  of  the  highest  judicatory  of  our 
Church  lends  its  guilty  sanction;  voluntary  participation  in  enterprises 
and  improvements  which  are  prosecuted  at  the  expense  of  the  Sabbath ; 
the  legalized  profanation  of  this  holy  day  by  the  transmission  of  the  mail 
on  all  the  principal  routes;  and  the  frequent  neglect  of  Church  discipline, 
are  among  the  many  causes  of  the  rapid  spread  of  this  enormous  evil. 
The  bare  enumeration  of  these  causes  suggests  the  proper  remedy. 
Resolutions,  addresses,  conventions,  and  all  the  stirring  appeals  which 
the  subject  has  called  forth,  are,  by  themselves,  utterly  ineffectual.  The 
leviathan  with  which  we  are  now  contending  is  not  to  be  so  tamed.  A 
more  potent  corrective  must  be  applied,  or  we  shall  become  more  and  more 
a  nation  of  Sabbath-breakers.  The  Church  undoubtedly  possesses  the 
power  to  cleanse  her  own  garments,  and  till  she  has  done  this,  she  has  no 
strength  to  put  on  for  the  reformation  of  others.  Having  done  this,  the 
next  step  will  be  to  lift  up  a  united  voice  against  all  that  immoral  legis- 
lation behind  which  the  sin  of  Sabbalh-breaking  now  stands  entrenched. 
What  has  been  found  true  in  the  "  Temperance  Reform,"  will  be 
found  true  in  the  "  Sabbath  Reform."  The  sanction  of  law  must  be 
removed  from  every  evil  which  you  would  frown  upon  and  exterminate. 
To  do  this,  the  public  mind  must  be  waked  up,  and  held  awake  till  the 
combined  energy  of  patriotism  and  piety  is  enlisted  and  pledged  for  the 
protection  of  the  Sabbath  against  every  tangible  form  of  profanation  and 
abuse.  Your  Committee  accordingly  recommend  for  your  adoption  the 
following  resolutions,  viz. : 


OP   THE   SANCTIFICATION    OF    THE   LORD*  8    DAY.  811 

Resolved,  That  this  Assembly  regard  the  prosecution  of  a  journey  on 
any  part  of  the  Sabbath,  Avhether  by  ministers,  elders  or  church  mem- 
bers, for  the  sake  of  convenience  or  of  avoiding  expense,  as  deserving  of 
special  notice  and  unqualified  disaj^probation. 

Resolved,  That  this  Assembly  affectionately  urge  upon  all  the  judica- 
tories of  the  Church  to  take  suitable  measures  for  enforcing  the  wise 
discipline  of  the  Church  against  all  violations  of  the  Sabbath  within  their 
own  cognizance  and  jurisdiction. 

Resolved,  That  it  is  the  duty  of  the  Christian  ministry  to  unite  in  more 
concentrated  and  persevering  effort  to  assert  the  claims  of  the  Christian 
Sabbath  upon  the  habitual  regard  of  the  whole  community. 

Resolved,  That  the  Assembly  will  give  its  most  cordial  approbation  to 
any  and  every  wise  plan  for  uniting  the  sympathies  and  strength  of  all 
evangelical  denominations  in  defence  of  the  Christian  Sabbath. 

Resolved,  That  a  Committee  of  nine  be  appointed  to  correspond  with 
other  evangelical  denominations  on  the  subject  of  measures  for  promoting 
a  better  observance  of  the  Lord's  day. 

Resolved,  That  the  Clerks  of  this  Assembly  be  requested  to  cause  these 
resolutions  to  be  ofBcially  published  and  circulated  as  widely  as  possible, 
through  the  religious  press,  and  that  all  ministers  within  our  bounds  be 
requested  to  present  them  before  their  respective  congregations. — 1838, 
pp.  658,  659,  N.  S. 

[Note.— See  also  Minutes,  1840,  p.  14;  1843,  p.  13;  1846,  p.  15,  N.  S.  ;  1859,  p.  534; 
1861,  p.  3]6,  0.  S.,  for  substantially  the  same  action.  Reaffirmed  1872,  Minutes,  p. 
71 ;  1873,  p.  564 ;  1876,  p.  70.] 

4.    Church  Sessions  enjoined  to  greater  fidelity. 

a.  Resolved,  That  this  Assembly  renewedly  enjoin  upon  their  Presby- 
teries and  churches  the  duty  of  enforcing  the  discipline  of  the  Church  in 
every  case  of  a  violation  of  the  Sabbath. — 1828,  p.  242. 

b.  The  Committee  on  Bills  and  Overtures  made  a  report  on  the  subject 
of  the  Sabbath,  which  was  adopted,  and  is  as  follows: 

The  Assembly  are  at  a  loss  what  to  say  more  than  what  they  have 
repeatedly  said,  by  way  of  urging  on  all  our  churches  and  congregations, 
and  the  community  generally,  a  better  observance  of  the  holy  Sabbath. 
Of  its  divine  origin  and  authority  we  have  no  doubt.  Nor  can  we 
doubt  its  indisputable  necessity  in  keeping  up  the  institutions  of  religion, 
and  promoting  the  cause  of  salvation  and  pure  morality.  What  could 
we  do  without  the  Sabbath  ?  And  where,  in  half  a  century,  will  be  our 
glorious  civil  and  religious  liberty,  if  the  terrible  process  of  Sabbath 
desecration  be  permitted  to  go  on  as  it  has  done  for  the  past  ten  years  ? 
Let  the  history  of  other  nations  answer.  Let  the  fearful  declarations  of 
God's  Word  admonish  us  to  anticipate  the  result.  "  For  the  nation  and 
kingdom  that  will  not  serve  thee  shall  perish." 

While,  therefore,  we  earnestly  entreat  our  fellow-citizens  of  every 
class  "  to  remember  the  Sabbath  day  to  keep  it  holy,"  the  Assembly  do 
hereby,  in  a  special  manner,  enjoin  it  upon  the  church  Sessions  to  watch 
over  their  brethren  with  tenderness  and  great  fidelity  in  respect  to  the 
observance  of  the  Sabbath;  aud  to  exercise  wholesome  discipline  on  those 
who,  by  traveling  or  other  ways,  presume  to  trample  upon  this  sacred 
institution.  And  we  further  enjoin  it  upon  the  Presbyteries  annually  to 
institute  inquiries  of  the  eldership  as  to  the  manner  in  which  this  injunc- 
tion has  been  attended  to  in  their  respective  churches.  — 1853,  p.  323.  N.  S. 


'812  DIRECTORY    FOR   WORSHIP,    CHAP.    I. 

5.    Resolutions  on  the  sanctification  of  the  Sabbath. 

Resolved,  1.  That,  inasmuch  as  "  the  Sabbath  was  made  for  man,"  by 
the  omniscient  God,  and  is  indispensable  to  our  highest  social,  civil  and 
religious  welfare,  this  General  Assembly  regards  it  as  not  only  the  duty, 
])ut  the  right  and  privilege  of  all  men  to  ' '  remember  the  Sabbath  day  to 
keep  it  holy. ' ' 

2.  That,  as  the  law  of  the  Sabbath  is  divinely  given,  without  limita- 
tion of  time,  and  unrepealed,  its  claims  for  our  obedience  are  supreme 
and  pei'petual. 

8.  That,  in  order  to  give  full  power  to  the  Gospel  in  the  salvation  of 
souls,  professors  of  religion,  and  ministers  of  the  Gospel  especially, 
should  carefully  sanctify  the  Lord's  day,  and  give  no  countenance, 
directly  or  indirectly,  to  its  desecration. 

4.  That  the  physical  and  mental,  as  well  as  the  moral  interests  of  man 
demand  the  day  of  holy  rest ;  and  that  the  entire  community  should 
manifest  a  grateful  appreciation  of  this  gift  of  Heaven,  by  an  unperverted 
sacred  observance  of  the  Christian  Sabbath. 

5.  That,  at  this  time  of  public  strife,  of  fearful  anxx:iety  and  suffering, 
while  we  are  heartily  loyal  to  our  government,  we  should  most  sincerely 
deprecate  and  deplore  any  unnecessary  labor,  review  or  battle  on  the 
Lord's  day;  lest,  by  disloyalty  to  God,  we  dishonor  Him,  incur  His  fierce 
indignation,  and,  as  a  sad  result,  meet  with  signal  defeat  to  our  arms, 
and  terrible  calamities  to  our  nation,  from  Him  who  is  the  God  of  battles 
and  of  nations,  and  who  honors  them  that  honor  Him. 

6.  That  it  be  earnestly  requested  of  all  the  pastors  of  our  churches, 
fully  to  instruct  their  people  as  to  the  duty  and  importance  of  carefully 
sanctifying  the  entire  Sabbath,  individually,  in  the  family,  and  in  the 
community;  in  order  that  its  healthful  instructions,  and  its  holy  saving 
influence,  may  everywhere  permeate  the  State,  the  nation  and  the  world. 

7.  That  each  pastor  and  stated  supply  of  our  churches  be  requested, 
at  some  time  during  the  present  year,  to  preach  especially  upon  the  sanc- 
tification of  the  Christian  Sabbath.— 1863,  pp.  245,  246,  N.  S. ;  con- 
firmed, 1873,  p.  564. 

6.    The  opening  of  art  galleries  on  the  Sabbath  disapproved. 
Deliverances  of  former  Assemblies  reaffirmed. 

Resolved,  That  this  General  Assembly  express  their  disapproval  of  the 
opening  on  the  Sabbath  of  art  galleries,  places  of  recreation  and  amuse- 
ment, and  all  such  libraries  and  reading  rooms  as  by  offering  secular 
reading  invite  men  to  violate  the  command  of  God,  that  men  "  re- 
member the  Sabbath  day  to  keep  it  holy."     Adopted. — 1872,  p.  71. 

[Note. — See  also  Form  of  Government,  Chap,  xii,  Sec.  v;  Pastoral  Letters,  Sand 
15  ;  Digest,  1886,  pp.  294-296  and  pp.  322-325.] 

This  Assembly  now  reafiirms  the  deliverances  of  previous  Assemblies, 
regarding  the  sacredness  of  the  Sabbath. — 1873,  p.  564. 

7.    Traveling  on  the  Sabbath  condemned. 

Resolved,  That  this  Assembly  view  with  unfeigned  sorrow  and  regret 
the  practice  of  traveling,  by  professors  of  religion  and  others,  on  the 
Sabbath  day,  and  that  it  considers  all  such  traveling,  which  is  not  strictly 
included  in  works  of  necessity  and  mercy,  as  a  direct  violation  of  the 
law  of  God.— 1850,  p. 482,  O.  S.  ;  1874,  pp.  79,  80. 


OF   THE    SANCTIFICATION    OF    THE    LORD's    DAY.  813 

8.    Duty  of  all  to  sanctify  the  Sabbath.    Testimony  against  its 
desecration  by  railroads  and  by  recreations. 

a.  The  report  was  accepted;  the  resolutions  recommended  by  the  Com- 
mittee Avere  adopted ;  and  the  whole  report  was  recommended  to  the  Board 
of  Publication  to  be  printed  as  a  tract.  The  following  are  the  resolu- 
tions as  adopted  by  the  Assembly: 

Resolved,  1.  That  it  is  the  duty  of  all  men  to  sanctify  the  Sabbath  by 
a  holy  resting  on  that  day  from  all  worldly  cares,  avocations,  and  amuse- 
ments, and  to  devote  the  entire  day  to  the  public  and  private  Avorship 
of  God,  and  to  the  duties  of  religion,  according  to  the  precepts  and 
example  of  our  Lord  and  His  apostles. 

Resolved,  2.  That  the  observance  of  the  Sabbath  is  indispensable  to 
the  preservation  of  the  knowledge  of  God,  and  to  the  maintenance  of 
vital  religion  in  the  Church  and  the  world. 

Resolved,  3.  That  the  observance  of  the  Sabbath  is,  further,  of  the 
greatest  importance  in  order  to  the  preservation  of  civil  and  religious 
liberty,  and  as  furnishing  the  only  ground  for  eminent  and  abiding 
national  prosperity. 

Resolved,  4.  That  inasmuch  as  the  work  of  any  general  moral  or 
religious  reformation  belongs,  under  God,  to  the  Christian  Church,  it  is 
declared  to  be  the  solemn  duty  of  all  the  ministers,  ruling  elders,  and 
members  of  our  Church  to  inculcate,  respectively,  from  the  pulpit,  in 
the  Sabbath-school,  and  in  the  family,  the  Scriptural  obligation  to 
observe  the  Sabbath,  and  always  and  everywhere  to  set  a  proper  example 
in  this  respect. 

Resolved,  5.  That,  in  the  judgment  of  this  General  Assembly,  it  is 
the  duty  of  the  owners  of  stocks  in  steamboats,  railroads,  iron  works, 
and  other  corporate  institutions  which  are  in  the  habit  of  desecrating  the 
Sabbath,  to  use  all  their  influence  to  bring  these  companies  to  cease  their 
operations  on  the  Lord's  day. 

Resolved,  6.  That  the  cry  of  the  eight  thousand  engineers,  on  the  rail- 
roads of  the  country,  for  Sabbath  rest,  as  brought  out  in  their  convention 
at  St.  Louis,  and  presented  in  their  journal,  and  their  efforts  with  their 
companies  to  secure  exemption  from  the  violation  of  the  law  of  God,  and 
the  allotted  time  for  Sabbath  rest,  religious  instruction  and  worship, 
meets  with  a  hearty  response  from  this  General  Assembly ;  and  that  we 
express  for  them  our  deep  sympathy  in  their  privations,  exposures,  and 
trials,  and  our  earnest  desire  and  prayer  to  God  for  their  success  in  this 
direction^  and  send  our  earnest  remonstrance  to  all  these  companies  against 
the  practice  of  running  trains  on  the  Lord's  day,  thereby  excluding  from 
these  important  and  responsible  positions  the  Christian  men  of  the  coun- 
try, to  the  dishonor  of  religion,  and  to  the  endangering  of  the  lives  of 
the  traveling  portions  of  the  community,  by  placing  this  business  in  the 
hands  of  a  less  moral  class  of  men. 

Resolved,  7.  That  this  Assembly  invokes  the  power  of  the  pulpit,  and 
of  the  religious  and  secular  press  of  the  entire  country,  in  the  vindica- 
tion and  enforcement  of  the  sanctity  of  the  Sabbath ;  that  vain  excuses 
for  work  and  travel  on  the  Lord's  day  be  set  aside;  that  the  public  con- 
science be  aroused ;  that  secular  business  and  secular  recreations  on  the 
Sabbath  be  alike  discountenanced;  and  that,  with  a  faith  and  zeal  which 
is  according  to  knowledge,  the  friends  of  religion,  morality  and  civil 
and  social  order  are  everywhere  called  upon  to  stand  up  for  the  divine 


814  DIRECTORY    FOR    WORSHIP,    CHAP.    I. 

law  of  the  Christian  Sabbath,  and  to  labor,  hj  precept  and  example,  to 
secure  its  proper  observance. 

Resolved,  8.  That  this  Assembly  would  solemnly  admonish  all  our 
people,  ministers  and  laymen,  who  travel  in  foreign  countries  and  in 
remoter  parts  of  our  own  land,  not  to  forget  the  divine  command,  "  Re- 
member the  Sabbath  day  to  keep  it  holy." 

Resolved,  9.  That  this  Assembly  still  further,  with  the  view  of  secur- 
ing this  important  result,  enjoin  upon  all  the  Presbyteries,  at  their  ensuing 
meetings,  to  take  such  action,  and,  without  delay,  to  adopt  and  carry 
into  effect  such  measures,  as,  in  their  judgment,  may  seem  best,  in  order 
to  the  better  and  more  general  observance  of  the  Lord's  day. — 1874, 
pp.  79,  80. 

b.  That,  inasmuch  as,  prominent  among  the  forms  of  Sabbath  dese- 
cration prevalent  in  our  times,  are  those  to  which  many  railroad  and 
steamboat  companies  and  publishers  of  Sunday  newspapers  are  addicted, 
the  Assembly  earnestly  counsel  all  our  people  not  to  be,  as  owners,  man- 
agers, or  employes  of  such  companies,  or  as  shippers  or  passengers  on 
the  Sabbath,  or  as  publishers  or  patrons  of  Sunday  newspapers,  partakers 
in  the  guilt  of  these  flagrant  forms  of  Sabbath -breaking.  Adopted. — 
1882,  pp.  85,  86;  1884,  pp.  33  and  81. 

9.    Former  deliverances  affirmed  and  enlarged  upon. 

In  answer  to  overtures  asking  the  reaffirmation  of  the  teaching  of  our 
Standards  and  of  the  deliverances  of  former  Assemblies  on  the  subject 
of  the  Sabbath,  the  Assembly  reply: 

In  the  opinion  of  this  body  the  deliverances  of  previous  Assemblies  on 
this  subject  have  been  so  clear,  distinct  and  decisive,  and  so  often 
repeated,  that  it  seems  as  impossible  that  there  could  be  any  misconception 
of  the  position  of  our  Church,  as  that  there  could  be  any  doubt  as  to 
the  moral  and  perpetual  obligation  of  the  institution  of  the  Sabbath, 
in  the  minds  of  any  of  our  ministers  or  people. 

Nevertheless,  in  view  of  the  persistent  efforts  continually  made  to 
undermine  the  faith  of  the  Church  in  the  divine  authority  and  perpetual 
claims  of  the  Christian  Sabbath,  and  to  introduce  among  us  the  conti- 
nental view  of  its  observance,  and  in  order  to  strengthen  the  hands  of 
our  whole  communion  in  that  maintenance  of  this  divine  institution,  a» 
our  fathers  have  maintained  it,  we  deem  it  important  again  to  declare 
our  unswerving  conviction  of  the  correctness  of  the  teaching  of  our  Con- 
fession of  Faith,  which  says:  "  God,  in  His  Word,  by  a  positive,  moral, 
and  perpetual  commandment,  binding  all  men  in  all  ages,  hath  particu- 
larly appointed  one  day  in  seven,  for  a  Sabbath,  to  be  kept  holy  unto 
Him"    (Chap,  xxi,  Sec.  vii). 

And,  also,  of  our  Larger  Catechism,  which  says:  "  The  fourth  com- 
mandment requireth  of  all  men  the  sanctifying  or  keeping  holy  to 
God  ....  one  whole  day  in  seven  ;  which  was  the  seventh  from  the 
beginning  of  the  world  to  the  resurrection  of  Christ,  and  the  first  day  of 
the  week  ever  since,  and  so  to  continue  to  the  end  of  the  world ;  which 
is  the  Christian  Sabbath,  and  in  the  New  Testament  called  The  Lord's 
day  "  (Answer  116). 

And,  also,  of  the  Shorter  Catechism,  which  says:  "  The  Sabbath  is  to 
be  sanctified  by  a  holy  resting  all  that  day,  even  from  such  worldly 
employments  and  recreations  as  are  lawful  on  other  days,  and  spending 
the  whole  time  in  the  public  and  private  exercises  of  God's  worship. 


OF   THE   SANCTIFICATION    OF    THE    LORd's    DAY,  815 

except  so  much  as  is  to  be  taken  up  in  works  of  necessity  and  mercy  ' ' 
(Answer  60). 

We  do  also  reaffirm  the  deliverances  of  former  General  Assemblies  as 
to  the  manner  of  the  proper  sanctification  of  this  holy  day ;  and  espe- 
cially enjoin  upon  all  our  ministers  and  members,  pastors,  and  teachers  in 
our  Sabbath-schools,  and  upon  all  those  charged  in  any  way  with  the 
training  of  the  rising  generation,  the  diligent  inculcation  of  these  teach- 
ings of  our  Church,  so  that  our  children  may  be  thoroughly  furnished, 
in  their  minds,  against  the  insidious  influences  brought  to  bear  upon  them 
to  lessen  their  veneration  for  the  sanctity  of  this  day  of  holy  rest.  The 
Presbyterian  Church  has  uttered,  and  desires  to  utter,  no  uncertain  sound 
in  regard  to  the  divine  authority  and  the  universal  and  perpetual  obliga- 
tion of  this  institution,  as  promotive  of  the  physical,  mental,  and  moral 
well-being  of  man,  and  so  essential  to  the  efficiency  of  all  the  means  of 
grace  and  to  the  success  of  the  Church  of  Christ  in  the  earth. 

And,  to  the  end  that  the  sacred  character  of  this  day  may,  in  every 
possible  way,  be  kept  before  the  minds  of  our  people,  we  would  further 
commend,  to  our  ministers  and  Sabbath-school  teachers  and  superinten- 
dents, the  more  general  use  of  the  Scriptural  terms  Sabbath  and  Lord's 
day  in  the  designation  of  this  divine  institution. 

The  recommendation  was  adopted. — 1876,  pp.  70,  71. 

10.    The  divine  sanction  and  obligation  of  the  Sabbath. 

a.  In  answer  to  a  communication  from  the  General  Assembly  of  the 
Presbyterian  Church  in  the  United  States: 

The  Assembly  regard  with  very  gi'eat  sympathy  the  present  extensive 
revival  of  interest  in  the  maintenance  of  our  Christian  and  American 
Sabbath,  and  cordially  respond  to  the  invitation  to  Christian  cooperation 
in  this  great  cause,  which  they  have  received  from  their  sister  Assembly. 
To  this  end  they  invite  to  the  following  resolutions  the  attention  of  all 
the  Synods,  Presbyteries  and  churches  under  their  care: 

Resolved,  1.  That,  in  view  of  the  manifest  and  indispensable  impor- 
tance of  the  Sabbath  institution  to  the  highest  welfare  of  our  own  modern 
nation  and  people  in  all  their  relations,  the  authoritative  announcement 
of  the  Sabbath  law  in  the  ancient  Pentateuch  is,  in  itself,  one  of  the 
most  obvious  and  unanswerable  proofs  that  the  Bible  and  our  religion  are 
from  God. 

Resolved,  2.  That,  in  view  both  of  this  divine  law  and  of  its  evident 
enduring  necessity,  the  Assembly  enjoin  on  ministers,  parents,  teachers, 
employers,  and  on  all  Christians  under  their  care,  that  they  practice  and 
teach,  as  abiding  moral  duty,  the  scrupulous  observance  of  the  Christian 
day  of  rest  and  worship. 

Resolved,  3.  That  the  Assembly  address  to  the  young,  especially,  a 
Avarning  against  that  error,  which  of  late  has  grown  so  bold  and  prevalent, 
by  which  the  moral  and  abiding  substance  of  indispensable  Sabbath  duty 
is  speciously  confounded  with  circumstances  of  Jewish  ceremonial,  to  the 
destruction,  in  many  minds,  of  all  sense  of  Christian  obligation  to  keep 
the  fourth  commandment. 

Resolved,  4.  That,  in  direct  ojjposition  to  this  grave  error,  the  sympa- 
thy of  this  Assembly  and  of  our  churches  is  pledged  to  every  wise 
endeavor  to  maintain  in  our  land  the  uuceremonial  but  reasonable,  divine, 
and  lasting  authority  of  our  religious  rest  day. 

Resolved,  5.   That,   while  carefully  denying  to  civil   law  all  right  to 


816  DIRECTORY    FOR    WORSHIP,    CHAP.    I. 

impose,  or  to  meddle  with,  religious  duty,  the  Assembly  uphold  the 
necessity  of  such  legislation  as  guards  the  people's  day  of  rest  and 
religion,  and  heartily  commend  all  earnest  and  prudent  efforts  put  forth 
in  any  community  for  making  such  legislation  effective.  Adopted.  — 
1879,  p.  627. 

b.  Yet,  in  view  of  the  great  importance  of  the  subject,  your  Committee 
are  deeply  impressed  that  this  Assembly  should  leave  nothing  undone 
which  it  can  do  to  arouse  the  Church  to  do  her  whole  duty  in  further- 
ance of  this  cause.  And,  in  order  to  this,  or,  at  least,  as  contributing 
to  it,  although  your  Committee  are  deeply  sensible  they  may  not  recom- 
mend the  best  measures,  we  venture  to  report  the  following  resolutions 
for  your  adoption : 

1.  The  Assembly  would  affectionately  admonish  all  our  people  to  bear 
in  miud  that  God  has,  by  positive,  moral  and  perpetual  law,  designated 
one  day  in  seven  as  sacred  time — that  He  ' '  hallowed  ' '  the  Sabbath, 
"  sanctified  it,"  set  it  apart  from  common  to  sacred  purposes.  Hence,  to 
use  it,  or  any  part  of  it,  for  things  inconsistent  with  it  as  sacred,  is  sinful. 

2.  The  Assembly  earnestly  entreat  all  members  and  officers  of  our 
churches  to  guard  against  real  violations  of  the  fourth  commandment, 
by  performing  labor  on  the  Sabbath,  under  the  claim  of  necessity  or 
mercy,  where  such  claim  cannot  be  sustained  by  the  Word  of  God. 

3.  The  Assembly  would  urge  upon  all  under  their  care  to  devise  liberal 
things  for  the  dissemination  of  the  principles  of  the  Gospel  and  sound 
views  of  the  sacredness  of  the  Sabbath  among  the  German  and  other 
populations  coming  to  our  shores. 

4.  That  the  Assembly  do  hereby,  in  a  special  manner,  enjoin  it  upon 
church  Sessions  to  watch  over  their  brethren  with  tenderness  and  great 
fidelity  in  respect  to  the  observance  of  the  Sabbath,  and  to  exercise 
wholesome  discipline  when  necessary. 

5.  That  we  urge  it  upon  our  ministers,  in  the  pulpit  and  in  their 
pastoral  labors,  to  present  this  subject  in  season,  in  all  its  serious  impor- 
tance, as  related  to  the  welfare  of  the  whole  people  and  the  glory  of  God. 
—1882,  p.  85. 

11.    Reading  of  secular  newspapers  on  the  Sabbath  discountenanced. 

a.  Resolved,  That  the  General  Assembly,  believing  that  the  practice, 
on  the  part  of  church  members,  of  reading  secular  papers  on  the  Sabbath 
day  is  alarmingly  on  the  increase ;  and  believing,  also,  that  it  is  a  griev- 
ous injury  to  the  personal  piety  of  the  readers,  and  a  serious  obstacle  to 
the  cause  of  Christ  in  every  community,  would  deprecate  this  practice, 
and  would  urge  upon  all  who  love  the  Lord  Jesus  Christ,  and  desire  the 
spread  of  His  kingdom  in  the  world,  to  refrain  from  this  practice,  and  to 
do  all  in  their  power  to  discountenance  it. — 1879,  p.  627;  1880,  p.  76; 
1882,  p.  84. 

b.  The  buying  and  selling,  advertising  in  and  reading  of  Sunday 
newspapers  is  pernicious  from  beginning  to  end;  and  should  cease  on  the 
part  of  all  Christians.  And  all  Christians  ought  to  exert  their  influence, 
actively,  to  induce  others  to  abandon  the  use  of  the  Sunday  newspaper 
entirely.— 1892,  p.  158;  1896,  p.  25. 

12.    The  value  and  necessity  of  Sabbath  observance, 
a.  The   Special   Committee  on  Sabbath    Observance  presented  their 
report,  which  was  accepted,  and  is  as  follows: 


OF   THE   SANCTIFICATION    OF    THE    LOED's    DAY.  817 

The  question  of  Sabbath  observance,  always  important,  has  rajjidly 
increased  in  interest  in  recent  years;  and  the  duty  of  the  Church  in 
relation  to  it  has  become  more  difficult,  because  more  complicated.*  Na 
special  class  is  alone  responsible  for  the  increased  desecration  of  the  Sab- 
bath. Some  occupations  are,  no  doubt,  more  than  others.  But  love  of 
gain,  ambitious  competition,  and  love  of  pleasure,  wherever  they  can, 
are  pressing  the  people  into  error  in  this  respect.  If  there  are  railroad,^ 
steamboat,  or  other  corporations  willing  to  transport  freight  or  passen- 
gers, there  are  shippers  willing  to  furnish  the  freight,  and  passengers 
willing  to  travel,  on  the  Lord's  day.  If  these  corporations  or  private 
parties  are  willing  to  furnish  conveyance  for  excursions,  there  are  people 
willing  to  travel  on  excursions.  If  there  are  corporations  or  individuals 
willing  to  pay  for  common  labor  performed  on  the  Sabbath,  there  are 
those  who  will  accept  the  pay  and  perform  the  work.  If  there  are  per- 
sons willing  to  publish  newspapers  on  the  Sabbath,  there  is  a  large 
number  willing  to  buy  and  read  them.  If  they  could  not  be  sold,  they 
would  not  be  piinted.  Thus  all  through  society.  Sabbath  desecration, 
as  it  comes  to  the  attention  of  this  Assembly,  is  almost  wholly  a  social 
sin.  There  are  two  parties  guilty — the  one  tempting,  and  the  one  yield- 
ing to  temptation.  Or  they  mutually  tempt  and  yield  to  each  other's 
temptation.  This  dual  character  ^if  Sabbath- breaking,  of  course,  does 
not  lessen  the  sin  by  division,  but  increases  the  number  of  the  guilty. — 
1882,  p.  84. 

b.  Resolved,  That  this  Assembly,  reiterating  the  deliverances  of  former 
Assemblies  on  the  subject  of  Sabbath  desecration,  declares  its  most 
emphatic  condemnation  of  Sunday  newspapers,  and  pleads  that  our 
people  wholly  abstain  from  their  use,  and  warns  all  Christian  business 
men  against  advertising  in  them  their  secular  business.  And  it  is  enjoined 
upon  our  pastors  and  Sessions  to  see  that  the  pulpits  of  our  Church  bear 
no  uncertain  voice  in  the  matter.— 1886,  p.  114. 

13.    American  Sabbath  Union. 

a.  With  respect  to  the  communication  received  from  the  General 
Conference  of  the  Methodist  Episcopal  Church,  now  in  session  in  New 
York  city,  inviting  this  Assembly  to  appoint  a  Committee  of  seven  to 
unite  with  similar  Committees  of  that  and  other  evangelical  bodies  in 
this  country  to  constitute  a  National  Sabbath  Committee,  whose  duty  it 
shall  be  "  to  make  a  deliverance  on  new  phases  of  the  Sabbath  ques- 
tion," your  Committee  would  recommend  the  appointment  of  such 
Committee  for  one  year,  and  that  they  report  the  aims  and  methods  of 
the  National  Committee  to  the  next  General  Assembly. 

We  would  name  the  following  as  that  Committee:  Elliot  F.  Sheppard, 
New  York;  James  A.  Beaver,  Philadelphia;  Byron  Sunderland,  Wash- 
ington City;  Heri'ick  Johnson,  Chicago;  Francis C.  Monfort,  Cincinnati; 
Robert  J.Trumbull,  San  Francisco;  Samuel  J.  Niccolls,  St.  Louis. — 
1888,  p.  58. 

b.  Resolved,  That  the  seven  persons  appointed  by  the  General  Assem- 
bly of  the  Presbytei'ian  Church  in  1888,  as  members  of  a  Committee  in 
respect  to  the  Sabbath  day,  be  and  are  continued  until  others  may  be 
appointed  in  their  places  respectively. 

Resolved,  That  the  general  plan  of  the  American  Sabbath   Union   be 
and  is  commended. 
62 


818  DIRECTORY    FOR    WORSHIP,    CHAP.    I. 

Resolved,  That  we  cordially  inv^ite  all  other  Christian  bodies  to  corn- 
meud  to  their  churches  the  said  Americaa  Sabbath  Union, 

[Note— See  also  1892,  p.  159.  See  Report,  1889,  pp.  81-85  ;  1890,  pp.  &5-68  ;  1891, 
pp.  62-65 ;  1892,  pp.  154-160 ;  1893,  pp.  54,  55 ;  1894,  pp.  22-25 ;  1895,  pp.  22,  23  ;  1896, 
p.  27 ;  1897,  p.  40.    See  also  under  No.  15,  p.  819.] 

14.    The  Columbian  Exposition. 

a.  Resolved,  That  this  General  Asseml)]y  respectfully  memorialize  the 
President  and  the  Congress  of  the  United  States,  to  make  it  a  condition 
for  any  appropriation  of  the  Government's  moneys  to  the  Columbian 
Exposition,  that  it  shall  be  kept  closed  on  Sunday,  and  that  the  said 
memorial,  properly  authenticated  by  the  seal  of  the  General  Assembly, 
and  the  signatures  of  the  Moderator  and  of  the  Stated  and  Permanent 
Clerks  thereof,  shall  be  entrusted  to  the  President  of  the  American  Sab- 
bath Union  for  presentation. 

Resolved,  That  this  General  Assembly  heartily  joins  with  the  General 
Conference  of  the  Methodist  Episcopal  Church  in  the  United  States,  and 
with  other  branches  of  the  Church  of  Christ,  in  recommending  to  all 
Christians  to  abstain  from  patronizing  the  Columbian  Exposition  in 
1893,  either  by  sending  exhibits  there,  or  buying  or  selling  goods  there 
or  attending  it  in  person,  if  its  gates  should  be  burst  open  on  Sunday. 
But  if  its  gates  shall  be  kept  closed  on  Sunday,  then  we  heartily  recom- 
mend it  to  the  patronage  of  all  nations,  and  pray  God  to  prosper  it. 

Resolved,  That  we  commend  all  men,  everywhere,  to  remember  the 
Sabbath  day  to  keep  it  holy.— 1892,  p.  159. 

b.  1.  This  General  Assembly  reiterates  the  action  of  1891,  pelition- 
ing  that  the  Columbian  Exposition  be  kept  closed  on  the  Lord's  day. 

2.  We  order  that  no  exhibition  be  made  in  the  interests  of  the  Presby- 
terian Church,  or  as  representing  this  Assembly,  except  with  the  express 
provision  that  we  reserve  the  right  to  cover  our  exhibit  on  the  Lord's 
day,  if  the  Exposition  be  opened  on  that  day. — 1892,  p.  179. 

C.  1.  The  Assembly  receives  with  deep  regret  the  intelligence  of  the 
death,  on  March  24,  of  Col.  Elliot  F.  Shepard,  the  Chairman  of  the 
Committee  on  Sabbath  Observance,  and  desires  to  express  its  high 
appreciation  of  the  valuable  services  he  has  rendered  to  the  Sabbath 
cause  by  his  tireless  efforts  and  his  liberal  contributions. 

2.  The  Assembly  expresses  its  profound  gratitude  to  Almighty  God  for 
the  success  of  the  effort  to  secure  in  our  National  Legislature  a  prohibi- 
tion of  Sunday  opening  at  the  Columbian  Exposition,  and  its  apprecia- 
tion of  the  action  of  Congress  in  deciding  by  so  large  a  majoi'ity  to  con- 
tinue the  time- honored  course  of  the  American  people  in  doing  reverence 
to  the  Lord's  day.  It  joins  the  whole  Church  in  hearty  thanksgiving 
that  we  have  been  spared  the  humiliation,  as  a  Christian  nation,  of  a 
public  sanction  of  the  Sunday  opening  of  the  AVorld's  Fair.  And  it 
hereby  voices  what  it  believes  to  be  the  well-nigh  unanimous  judgment  of 
the  Church  it  represents,  in  declaring  that  any  attempt,  after  this  public 
and  official  expression  of  the  nation's  will,  to  open  the  gates  of  the 
Exposition  on  the  Sabbath  would  be  a  gross  affi'ont  to  the  Christian  con- 
science, and  a  flagrant  breach  of  faith. 

And  inasmuch  as  the  local  managers  have  decided  to  open  the  gates  of 
the  Exposition  in  defiance  of  the  authority  of  Congress,  and  in  clear 
violation  of  the  principles  of  common  honesty,  as  well  as  of  God's 
cominand,  therefore, 


OF   THE   SANCTIFICATION    OF    THE    LORD's    DAY.  819 

3,  That  we  urge  upon  our  people  the  importance  of  standing  by  their 
consciences  at  whatever  sacrifice  of  personal  profit  or  pleasure.  If  the 
trial  of  their  integrity  is  come,  let  them  not  defile  themselves  with  the 
king's  meat  (Dan.  i.  8) 

8.  That  our  denominational  exhibit  be  removed  from  the  Columbian 
Exposition  in  case  the  Sabbath-closing  rule  is  hereafter  violated. — 1893, 
pp.  55,  56. 

15.    The  divine  authority  and  universal  and  perpetual  obligation 
of  the  Sabbath.    National  Sabbath  societies. 

a.  Resolved,  1.  That  this  General  Assembly  reaffirms  its  belief  in  the 
divine  authority  and  universal  and  perpetual  obligation  of  the  Sabbath. 

Resolved,  2.  That  we  lay  upon  the  individual  conscience  the  responsi- 
bility of  personal  example  in  keeping  the  Lord's  day,  by  avoiding  what- 
ever tends  to  desecrate  it,  such  as  the  buying,  reading  and  supporting  in 
any  manner  the  Sunday  secular  newspaper,  unnecessary  Sunday  travel, 
amusements  foreign  to  the  spiritual  purposes  of  the  day,  social  enter- 
tainments that  dissipate  serious  thought  and  needless  self-indulgence 
during  its  sacred  hours. 

Resolved,  3.  That  we  call  upon  all  the  members  of  our  churches  and 
upon  all  friends  of  the  Sabbath  to  use  their  influence  in  ^every  lawful 
way  to  prevent  such  legislation  as  would  weaken  civil  enactments  passed 
with  a  view  to  protect  the  Christian  Sabbath  as  a  day  of  rest  and  wor- 
ship. 

Resolved,  4.  That  we  view  with  delight  the  intelligent  interest  of 
Sunday-schools  and  Young  People's  Societies  in  the  proper  observance  of 
the  Lord's  day,  and  would  also  heartily  commend  all  Sabbath  associa- 
tions organized  to  maintain  this  sacred  institution. 

Resolved,  5.  That  as  the  Christian  pulpit  can  never  fulfill  its  sacred 
functions  without  declaring  fearlessly  the  ti'uth  of  God  concerning  the 
claims,  sanctities  and  obligations  of  the  Sabbath,  we  rejoice  in  the  assur- 
ance that  sound  teaching  upon  this  subject  by  the  ministry  has  never 
been  more  general  or  effective  than  at  present. — 1894,  p.  24;  1895,  pp. 
22,  23;  1896,  p.  25. 

b.  The  Sabbath,  the  Lord's  day  of  rest  for  the  body,  and  of  worship 
for  the  soul,  is  especially  threatened  by  many  unscriptural  innovations. 

Among  the  chief  perils  are  the  greed  of  gain,  which  compels  thousands 
against  their  will  to  work  on  the  Lord's  day;  the  dissemination  of  theo- 
ries concerning  individual  liberty  and  social  order,  which  are  destructive 
of  our  best  national  traditions;  Sunday  excursions;  Sunday  baseball 
games;  Sunday  theatres  and  Sunday  bicycle  pleasure  riding;  an  alarm- 
ing laxity  of  sentiment  among  many  who  profess  and  call  themselves 
Christians,  in  reference  to  the  binding  obligation  of  the  fourth  command- 
ment on  the  individual  conscience;  the  introduction  in  many  Christian 
homes  on  the  Lord's  dr.y  of  social  entertainment;  self-indulgence  on  this 
day  foreign  to  the  Scriptural  standard  of  holy  living,  and  subversive  of 
true  Sabbath  rest.  Not  the  least  of  the  perils  to  which  we  would  refer 
is  a  Sunday  secular  literature,  which  interferes  with  the  public  ministra- 
tions of  the  sanctuary,  causing  the  secular  to  supersede  the  spiritual. 

We  believe  there  is  a  more  general  and  lamentable  lack  of  conscience 
in  regard  to  violations  of  the  fourth  commandment  than  to  any  other  of 
the  Decalogue. 

The  hope  of  the  Church  and  of  the  nation  is  in  the  revival  of  the 


820  DIRECTORY    FOR    WORSHIP,    CHAP.    I. 

public  coDscieuce  on  all  moral  questions ;  especially  on  the  sacred  obliga- 
tion to  ' '  Remember  the  Sabbath  day ;' '  the  natural  memorial  for  all  ages 
of  a  consummated  redemption  and  a  type  of  the  "  rest  that  remaineth 
for  the  people  of  God." 

Your  Committee  would  therefore  ask  this  Assembly  to  enter  its  solemn 
protest  against  all  forms  of  Sabbath  desecration  destructive  of  this 
weekly  season  of  rest  and  worship  which  God  has  so  graciously  ordained 
for  our  good,  and  would  recommend  the  adoption  of  the  following 
resolutions : 

Resolved,  1.  The  General  Assembly  reaffirms  its  belief  that  the  law 
of  the  Lord's  day  is  a  law  of  perpetual  binding  obligation  upon  all  men. 

Resolved,  2.  That  we  entreat  our  members  and  all  other  persons  to 
conscientiously  discountenance  whatever  tends  to  break  down  the  distinc- 
tion between  this  and  other  days;  as,  for  instance,  Sunday  trading;  buy- 
ing, reading  or  in  any  Avay  supporting  Sunday  secular  newspapers;  social 
entertainments  and  visitations  that  dissipate  serious  thought,  and  all  self- 
indulgence  on  the  Lord's  day  that  tends  to  unfit  them  for  God's  worship 
and  to  impoverish  their  spiritual  nature;  and  we  raise  our  voice  against 
the  desecration  of  the  Sabbath  by  the  opening  of  theatres  on  this  day, 
and  call  upon  our  ministers,  members  and  all  good  citizens  to  seek  the 
stay  of  this  great  curse. 

Resolved,  3.  That  we  refer  with  pleasui'e  to  the  efforts  that  are  being 
made  through  Sabbath-schools  and  Young  People's  Societies  to  educate 
the  rising  generation  as  to  the  claims,  sanctities  and  obligations  of  the 
Sabbath. 

Resolved,  4.  That  we  recommend  to  our  pastors  and  churches  that  as 
far  as  practicable  the  last  Sabbath  in  October  shall  be  specially  devoted 
to  the  consideration  of  the  binding  obligation  to  *  *  Remember  the  Sabbath 
day  to  keep  it  holy;"  and  that  we  earnestly  invite  all  Christians  to  unite 
with  us  in  setting  apart  that  Sabbath  for  special  instruction  in  the  home, 
in  the  church,  and  in  the  Sunday-school  in  reference  to  the  Lord's  day. 

Resolved,  5.  That  those  Sabbath  associations  of  our  land,  having  a 
Christian  basis,  and  being  in  sympathy  with  Sunday  laws  passed  with  a 
view  to  protect  the  day  of  rest  and  worship,  should  have  a  claim  upon 
the  cooperation  and  practical  support  of  the  Christian  public,  and  that 
we  especially  indorse  with  our  cordial  approval  the  American  Sabbath 
Union  and  the  Woman's  National  Sabbath  Alliance  (auxiliary  to  the 
American  Sabbath  Union),  and  recommend  these  organizations  espe- 
cially to  Christian  men  and  women  in  all  our  communities. — 1896,  pp. 
24-27. 

C.  Resolved,  1.  That  the  General  Assembly  reaffirms  its  belief  that  the 
law  of  the  Sabbath  is  a  law  of  perpetual  binding  obligation  upon  all 
men. 

Resolved,  2.  That  we  call  upon  all  members  of  our  churches,  members 
of  Young  People's  Societies  and  Sabbath-schools,  together  vfith  all 
friends  of  God's  law,  to  use  their  personal  influence  for  the  Biblical 
observance  of  the  day  by  abstainiug  from  the  purchase  and  reading  of 
the  Sunday  newspaper,  fi*om  all  riding  of  the  bicycle  for  pleasure  or 
recreation  on  the  Lord's  day,  from  all  forms  of  amusements,  from  unneces- 
sary visiting  and  from  all  things  that  are  unproductive  of  holiness  in 
men,  and  to  be  faithful  to  religious  duty  aud  life  on  this  holy  day. 

Resolved,  3.  That  while  the  ministers  of  the  Presbyterian  Church  are 
to  be  commended  for  their  faithful  presentation  of  the  truth  concerning 


OF   THE   SANOTIFICATION    OF   THE    LORd's    DAY.  821 

the  claimp  and  obligations  of   the  Sabbath   they  are  reminded   of  the 
.  necessity  of  renewed  dihgence  in  its  defense  and  proper  observance. 

Resolved,  4.  That  the  American  Sabbath  Union  and  the  Woman's 
National  Sabbath  Alliance,  societies  organized  for  the  pnrpose  of  enlist- 
ing all  Chi'istian  men  and  women  in  the  Avork  of  conserving  the  Ameri- 
can Sabbath  and  also  to  organize  auxiliary  societies  for  the  distribution 
of  Sabbath  literature,  and  to  use  all  methods  for  the  quickening  of  the 
public  conscience,  and  awakening  interest  for  the  promotion  of  the 
Biblical  Christian  Sabbath,  receive  our  cordial  indorsement  and  approval. 
And  we  hereby  heartily  commend  them  to  those  who  are  stewards  of  the 
Lord's  gold  and  silver,  a  small  portion  of  which  is  necessary  for  their 
work.— 1897,  p.  40. 

16.    Decoration  of  soldiers'  graves  upon  the  Sabbath  disapproved. 

Resolved,  That  while  this  Assembly  sympathize  most  heartily  with 
the  noble  and  touching  tribute  to  be  paid  to  the  memory  of  our  buried 
soldiers  whose  lives  were  sacrificed  in  the  cause  of  the  Union,  as,  under 
the  auspices  of  the  Grand  Army  of  the  Republic,  their  graves  are  to 
be  decorated  with  floral  oflfe rings,  yet  we  enter  our  most  earnest  protest 
against  the  proposed  unnecessary  desecration  of  the  Sabbath  for  this  pur- 
pose ;  and  urgently  request  the  proper  authorities  to  appoint  the  next 
Saturday  as  the  time  for  this  interesting  ceremony. — 1869,  p.  259,  N.  S. 

[Note. — A  committee  was  appointed  by  each  of  the  Assemblies,  O.  S.  and  N.  S., 
then  meeting  in  New  York  (1869,  p.  259,  N.  S. ;  p.  900  O.  S.)  ;  to  confer  with  the 
authorities  of  the  Grand  Array.    The  parade  took  place  on  Monday.] 

III.  Let  the  provisions  for  the  support  of  the  family  on  that  day  be 
so  ordered,  that  servants  or  others  be  not  improperly  detained  from  the 
public  worship  of  God;  nor  hindered  from  sanctifying  the  Sabbath. 

IV.  Let  every  person  and  family,  in  the  morning,  by  secret  and 
private  prayer,  for  themselves  and  others,  especially  for  the  assistance  of 
God  to  their  minister,  and  for  a  blessing  upon  his  ministry;  by  reading 
the  Scriptures,  and  by  holy  meditation ;  prepare  for  communion  with  God 
in  his  public  ordinances. 

V.  Let  the  people  be  careful  to  assemble  at  the  appointed  time ;  that, 
being  all  present  at  the  beginning,  they  may  unite,  with  one  heart,  in  all 
the  parts  of  public  worship :  and  let  none  unnecessarily  depart,  till  after 
the  blessing  be  pronounced. 

VI.  Let  the  time  after  the  solemn  services  of  the  congregation  in 
public  are  over,  be  spent  in  reading;  meditation;  repeating  of  sermons; 
catechising ;  religious  conversation ;  prayer  for  a  blessing  upon  the  public 
ordinances;  the  singing  of  psalms,  hymns,  or  spiritual  songs;  visiting  the 
sick ;  relieving  the  poor ;  and  in  performing  such  like  duties  of  piety, 
charity,  and  mercy. 

1.  Instruction  in  the  Holy  Scriptures. 
Resolved,  1.  That  it  be  recommended,  and  it  is  hereby  recommended, 
earnestly  to  the  ministers  and  Sessions  which  are  in  connection  with  the 
General  Assembly,  to  pay  especial  attention  to  this  subject,  and  provide 
without  delay  for  the  stated  instruction  of  the  children  and  youth  in  the 
sacred  Scriptures  within  their  respective  congregations. 


822  DIRECTORY    FOR   WORSHIP,    CHAP.    I. 

Resolved,  2.  That  although  the  particular  manner  of  instruction  and 
recitation  in  the  congregations  ought  to  be  left  to  the  discretion  of  their 
ministers  and  Sessions  respectively ;  yet  as  some  degree  of  uniformity  is 
desirable  in  a  business  of  so  much  magnitude,  it  is  recommended  as  the 
most  effectual  means  of  promoting  the  knowledge  of  the  Holy  Scriptures, 
that  in  all  our  churches,  classes  be  formed  of  the  youth  to  recite  the 
Scriptures  in  regular  order;  that  the  recitations,  if  convenient,  be  as 
often  as  once  a  week,  and  from  two  to  five  chapters  appointed  for  each 
recitation ;  that  the  youth  be  examined  on, 

(1)  The  history  of  the  world,  but  more  especially  of  the  Church  of 
God,  and  of  the  heathen  nations  who  were  God's  agents  in  accomplishing 
His  purposes  toward  His  Church. 

(2)  Persons  noted  for  their  piety  or  ungodliness,  and  the  effects  of 
their  example  in  promoting  or  injuring  the  best  interests  of  mankind. 

(3)  Doctrines  and  precepts,  or  "  what  man  is  to  beUeve  concerning 
God,  and  what  duty  God  requires  of  man." 

(4)  Positive  ordinances,  or  the  directions  which  God  has  given  as  to 
the  way  in  which  He  is  to  be  worshiped  acceptably. 

(5)  The  particular  features  of  character  of  which  the  Spirit  of  God 
has  given  notice,  both  in  wicked  and  good  persons ;  in  the  last  particu- 
larly regarding  those  who  were  types  of  Christ,  and  in  what  the  typical 
resemblance  consisted. 

(6)  The  gradual  increase  from  time  to  time  of  information  concerning 
the  doctrines  contained  in  the  Scriptures;  noting  the  admirable  adapta- 
tion of  every  new  revelation  of  doctrine  to  the  increased  maturity  of  the 
Church.  The  nature  of  God's  law,  its  immutability,  as  constituting  an 
everlasting  rule  of  right  and  wrong,  the  full  and  perfect  illustration  of 
its  precepts  given  by  Christ. 

(7)  The  change  which  God  has  made  from  time  to  time  in  the  positive 
ordinances,  together  with  the  reasons  of  that  change.  The  difference 
between  the  moral  law,  and  those  laws  which  are  positive. 

(8)  The  illustrations  of  the  divine  perfections  in  the  historj',  biog- 
raphy, doctrines  and  precepts,  together  with  the  positive  ordinances  of 
the  Scriptures. 

(9)  The  practical  lessons  to  regulate  our  conduct  in  the  various  rela- 
tions of  life. 

On  all  these  particulars  the  meaning  of  the  words  used  in  Scripture 
must  be  ascertained,  and  thus  we  may  understand  what  we  read. 

Resolved,  3.  That  the  Presbyteries  under  the  care  of  the  Assembly  be 
directed  to  take  order  on  this  subject,  and  they  are  hereby  informed  that 
this  is  not  to  come  in  the  place  of  learning  the  Catechism  of  our  Church, 
but  to  be  added  to  it,  as  an  important  branch  of  religious  education. — 
1816,  p.  627. 

2.    On  Sabbath-schools  and  instruction  of  the  young". 

a.  In  all  parts  of  the  Church,  Sunday-schools  are  established,  and  , 
there  is  but  one  sentiment  respecting  them.  The  Assembly  consider  them 
as  among  the  most  useful  and  blessed  institutions  of  the  present  day. 
They  have  a  most  extensive  reforming  influence.  They  apply  a  power- 
ful corrective  to  the  most  inaccessible  portions  of  the  community.  They 
begin  moral  education  at  the  right  time,  in  the  best  manner,  and  under 
the  most  promising  circumstances.  They  act  indirectly,  but  most  power- 
fully, upon  teachers  and  parents,  and  frequently  become  the  means  of 


OF    THE   SANCTIFICATION    OF    THE    LORD's    DAY.  823 

bringing  them  to  the  church,  and  to  the  knowledge  and  love  of  the  truth. 
Sunday-schools  are  highly  useful  everywhere;  but  they  are  peculiarly 
adapted  to  new  and  destitute  regions  of  the  Church.  The  plan  is  sim- 
ple and  easily  accomplished.  It  requires  comparatively  little  knowledge 
and  experience  to  conduct  them  with  ability.  Very  much  good  has  been 
accomplished  by  the  instrumentality  of  young  ladies  and  gentlemen. 
The  pleasing  scene  is  often  witnessed  in  some  of  our  new  settlements,  of 
large  meetings  of  children  on  the  Lord's  day,  in  schoolhouses,  or  beneath 
the  shade  of  the  original  forest.  The  voice  of  praise  and  prayer  is 
heard,  and  the  Word  of  the  living  God  is  proclaimed,  amid  the  most 
beautiful  works  of  His  hand. — 1824,  p.  129. 

b.  Resolved,  That  the  General  Assembly  do  cordially  approve  of  the 
design  and  operations  of  the  American  Sunday-school  Union;  and  they 
do  earnestly  recommend  to  all  ministers  and  churches  under  their  care  to 
employ  their  vigorous  and  continued  exertions  in  the  establishment  and 
support  of  Sabbath-schools. — 1826,  p.  181. 

C.  Resolved,  1.  That  the  Assembly  regard  the  religious  education  of 
youth  as  a  subject  of  vital  importance,  identified  witli  the  most  precious 
interests  and  hopes  of  the  Christian  Church. 

2.  That  the  present  indications  of  divine  providence  are  such  as  impe- 
riously to  demand  of  the  Christian  community  unusual  effort  to  train  up 
the  rising  generation  in  the  nurture  and  admonition  of  the  Lord. 

3.  That  the  Board  of  Missions  be  and  hereby  are  instructed  to  enjoin 
it  on  their  missionaries  sedulously  to  attend  to  the  religious  education  of 
the  young ;  and  particularly  that  they  use  all  practical  efforts  to  establish 
Sabbath- schools;  and  to  extend  and  perpetuate  the  blessings  of  Sabbath- 
school  instruction. 

4.  That  the  system  of  Sabbath-school  instruction,  now  in  prevalent 
and  cheering  operation,  be  and  hereby  is  most  earnestly  recommended  to 
the  attention  of  the  pastors  and  Sessions  of  all  our  churches. 

5.  That  the  Presbyteries  be  and  hereby  are  enjoined  to  make  the 
progress  of  the  Sabbath- school  cause  within  their  bounds  the  subject  of 
special  inquiry,  and  annually  to  transmit  the  results  of  such  inquiry  to 
the  General  Assembly. 

6.  That  inasmuch  as  the  advantages  of  the  Sabbath -school  may,  in 
some  cases,  be  the  occasion  of  remissness  in  the  important  duty  of  family 
instruction,  it  be  and  hereby  is  earnestly  recommended  to  heads  of 
families  not  to  relax  in  their  personal  religious  efforts  at  home,  and  in 
the  domestic  circle ;  but  that  they  abound  more  and  more  in  the  use  of  all 
appropriate  means,  to  promote  sound  knowledge  and  experimental  piety, 
in  every  member  of  their  households. 

7.  That  as  there  is  reason  to  apprehend  that  the  Catechisms  of  this 
Church  have  not,  in  some  parts  of  our  Ziou,  received  that  measure  of 
attention  to  which  their  excellence  entitles  them,  it  be  and  hereby  is 
recommended  to  pastors,  Sessions,  heads  of  families,  superintendents  of 
Sabbath- schools,  and  all  charged  with  the  education  of  youth,  in  our 
connection,  to  give  these  admirable  summaries  of  Christian  truth  and 
duty  a  prominent  place  in  their  instructions  to  the  youth  and  children 
under  their  care. 

8.  That  it  be  and  hereby  is  recommended  to  the  pastors  and  Sessions 
of  our  churches  to  make  themselves  acquainted  with  the  system  of  infant- 
school  instruction,  now  in  happy  progress  in  many  places,  and  if  practi- 


824  DIRECTORY    FOR    WORSHIP,    CHAP.    I. 

cable  to  establish  such  iichools  in  their  congregations. — 1830,  pp.  303, 
30-4. 

[Note. — See  under  Form  of  Government,  Chap,  xii,  Sec.  v,  Board  of  Publication 
and  Sabbatli-school  Work,  p.  366,  -seq.] 

3.   Pastoral  Letter  on  Sabbath-schools. 

The  Committee  appointed  to  prepare  a  Pastoral  Letter  presented  their 
report,  which  was  adopted,  viz. : 

The  General  Assembly  of  the  Presbyterian  Church  in  the  United  States 
of  America,  greeting,  to  the  Sessions  of  the  churches,  and  through  them 
to  the  pai'ents  and  Sabbath-school  teachers  in  our  connection: 

As  ministers  and  ruling  elders  representing  the  Presbyteries  and 
churches,  and  met  in  the  highest  judicatory  of  our  Church,  we  address 
to  you,  as  coworkers  with  us,  this  Pastoral  Letter. 

We  address  you  in  behalf  of  the  vast  crowds  of  children  springing 
into  life  and  rapidly  rising  into  manhood  and  womanhood,  than  which  no 
more  affecting  vision  looms  up  to  the  view  of  the  Christian  and  the  Chris- 
tian Church. 

Grave  questions  force  themselves  upon  us  as  to  these :  What  is  to  be  their 
aim  ?  What  is  to  be  their  character  ?  What  is  to  be  their  destiny  ? 
What  duty  is  each  of  us  called  to  in  reference  to  the  rising  race  ?  In 
the  language  of  Mauoah  concerning  his  son,  who  was  to  be  the  avenger 
of  Israel,  "  How  shall  we  order  the  child,  and  how  shall  we  do  unto 
him  ?' ' 

As  Samson,  his  son,  was  to  go  forth,  after  suitable  training,  in  the 
prowess  of  his  physical  strength  to  compete  with  the  enemies  of  Israel, 
so  are  the  children  under  our  training  to  go  forth  to  the  great  spiritual 
conflict.  How,  then,  shall  they  be  ordered  ?  how  trained  as  Christian 
athletes,  to  be  able  to  burst  asunder  the  green  withes  and  the  new  ropes 
with  which  sin  would  bind  them,  and  to  push  down  the  pillars  of 
Dagon's  temple  ?  Not  only  are  they  to  be  trained  to  stand  firm  when 
assaulted  with  temptations,  but  to  make  onslaughts  upon  the  powers  of 
darkness. 

In  view  of  the  seductive  influence  of  nuich  of  our  modern  literature 
on  the  one  hand,  and  the  facilities  for  etlectiug  good  by  well  aimed 
efforts  on  the  other,  the  children  are  to  be  taught,  not  only  to  use  defen- 
sive armor,  but  to  employ  the  weapons  which  are  mighty  through  God  to 
the  pulling  down  of  strongholds. 

Are  the  lives  of  our  children  to  be  a  failure,  and  worse  than  a  failure  ? 
or  are  they  to  be  examples  of  virtue  and  piety,  in  whose  light  others 
shall  walk  in  the  path  of  life  ? 

Among  the  instrumentalities  to  lead  our  children  to  safety  and  useful- 
ness we  recognize  the  Sabbath -school  as  occupying  a  position  of  very 
high  prominence.  But  the  value  of  the  Sabbath-school  depends  upon 
the  kind  of  instruction  imparted. 

We  concede  that  the  International  Sabbath- school  system  recently 
inaugurated  is  one  of  great  excellence,  and  the  blessings  flowing  from  its 
introduction,  we  trust,  will  be  many  and  substantial.  But  it  is  our  hope 
and  expectation  to  engraft  upon  it  still  better  scions,  that  shall  yield 
richer  and  better  fruit.  We  are  already,  as  many  of  you  know,  sending 
forth  helf)s,  through  our  Board  of  Publication,  which  weave  into  the 
lessons  the  Shorter  Catechism,  suggested,  illustrated  and  enforced  by  the 
passages   of    Scripture  forming  the  basis  of  these   Lessons.     We  have 


OF    THE   SANCTIFICATION    OF   THE    LORD's    DAY.  825 

recommended  to  the  Board  "  to  incorporate  into  its  system  of  Lesson 
Papers  and  Question  Books  brief  expositions  of  the  answers  of  the 
Shorter  Catechism. ' ' 

We  feel  constrained,  therefore,  to  exhort  you  affectionately  to  have 
introduced,  if  it  has  not  been  done,  into  the  Sabbath-schools  the  Question 
Books  and  Lesson  Papers  published  by  our  own  Board  of  Publication 
rather  than  to  depend  upon  helps  from  sources  less  decided  for  the  truth. 
We  affectionately  exhort  that  the  Shorter  Catechism  be  used  in  all  our 
Sabbath-schools,  that  parents  assist  the  teachers  in  encouraging  their 
children  to  commit  the  same  to  memory,  and  that  teachers  make  these 
young  disciples  familiar,  not  only  with  the  tried  and  eminently  rich 
doctrines  and  important  duties  taught  in  our  Standards,  but  with  our 
Form  of  Government  and  Directory  for  Worship.  Let  each  Session,  at 
its  earliest  convenience,  take  action  on  the  subject. 

If  i^arents  and  teachers  would  honor  these  Standards  in  their  families 
and  schools,  there  would  be  wrought  into  the  hearts  and  minds  of  the 
rising  race  a  love  for  the  good  and  the  true,  such  as  no  false  system  could 
displace.  Formulated  and  wholesome  doctrines  would  not  be  dispar- 
aged, and  pure  gold  would  not  give  place  to  tinsel. 

We  need  not  remind  you  that  the  apostles  frequently  inculcate,  in 
their  epistles,  the  importance  of  adhering  to  sound  doctrine.  The  disci- 
ple whom  Jesus  loved,  and  who  leaned  upon  His  breast  at  the  holy  com- 
munion, rejoiced  greatly  in  his  fellowship  with  the  Father  and  with  His 
Son  Jesus  Christ.  And  yet  he  says,  "I  have  no  greater  joy  than  to 
know  that  my  children  walk  in  truth  "  (3  John  4).  So  every  minister 
and  parent  and  Christian  should  rejoice  in  knowing  that  the  hearts  of 
the  young  are  brought  under  the  influence  of  divine  truth. 

The  histoiy  of  the  progress  and  decline  of  truth,  alternately  assaulting 
and  yielding  to  error,  presents  a  story  full  of  interest  and  instruction. 
With  what  a  glorious  light  did  it  burst  upon  the  European  world  three 
centuries  ago,  when  the  Papacy  received  a  blow  from  which  it  has  never 
recovered !  And  how  did  it  rise  again  when  France  and  Germany  and 
the  most  of  the  nations  of  Europe  were  declaring  for  Protestantism! 
Then  it  was  that  the  founder  of  the  Jesuits  contrived  to  bring  back  the 
Avaning  power  of  Popery.  He  trained  teachers,  he  sent  them  out  into  all 
the  lands,  men  of  popular  address  and  of  missionary  zeal  to  make  prose- 
lytes; and  schools  were  established,  and  young  hearts  were  won  for 
Rome,  and  Popery  again  stood  up  erect.  This  has  been  Rome's  policy 
ever  since,  and  this  has  been  the  secret  of  her  success. 

Who  shall  teach  the  young,  and  how  shall  they  be  taught  ?  is  the  ques- 
tion of  the  age.  The  conflict  between  truth  and  error  will  continue,  and 
parents  and  teachers  must  gird  themselves  for  the  earnest  battle. 

Beloved  brethren  in  the  Lord,  let  us  awake  to  the  vast  importance  of 
training  a  people  for  God  and  for  our  country.  Our  children  should 
learn  that  this  land  is  given  them  for  the  salvation  of  the  world.  Let 
teachers  be  impressed  with  the  truth  that  the  child  is  more  important  than 
the  man,  because  it  has  a  better  opportunity  to  be  moulded  for  the  work 
of  God,  and  because  it  has  a  longer  future  for  its  work.  When  the  heart 
of  the  fathers  shall  be  turned  to  the  chidren,  and  the  heart  of  the  chil- 
dren to  their  fathers,  God  will  not  come  and  smite  the  land  with  a  curse. 
Sow  the  seed,  then,  in  hope;  for  "  he  thatgoeth  forth  and  weepeth,  bear- 
ing precious  seed,  shall  doubtless  return  again  with  rejoicing,  bringing  his 
sheaves  with  him." 


826  DIRECTORY    FOR   WORSHIP,    CHAP.    I. 

The  words  which  you  utter  to  your  cliildren  aud  your  classes  are  letters 
inscriljed  ou  veiled  tablets,  to  be  unveiled,  if  not  sooner,  when  the  Great 
Assembly  shall  meet.  The  minds  of  these  young  immortals  are  so  many 
phonographs,  to  receive  your  words,  and  to  reproduce  them  when  your 
tongues  shall  be  silent  in  death,  and  they  may  be  rehearsed  to  millions  ia 
the  great  future.  Abel,  "  being  dead,  yet  speaketh." — 1878,  pp. 
95-98. 

4.    Cathechetical  instruction  enjoined. 

a.  Resolved,  That  as  there  is  reason  to  ap^ireheud  that  the  Catechisms 
of  this  Church  have  not  in  some  parts  of  our  Ziou  received  that  measure 
of  attention  to  which  their  excellence  entitles  them,  it  be,  and  hereby  is 
recommended  to  pastors,  Sessions,  heads  of  families,  superintendents  of 
Sabbath -schools,  aud  all  charged  with  the  education  of  youth,  in  our 
connection,  to  give  these  admirable  seminaries  of  Christian  truth  and  duty 
a  prominent  place  in  their  instructions  to  the  youth  and  children  under 
their  care.— 1830,  p.  304. 

b.  Resolved,  That  the  use  of  the  Catechism  in  the  religious  instruction 
of  the  young,  and  of  the  children  under  the  care  of  the  Church,  be 
affectionately  and  earnestly  reconmiended  to  the  Sessions  in  connection 
with  the  General  Assembly,  as  the  most  effectual  means  under  God  of 
preserving  the  i^urity,  peace  and  unity  of  the  Church. — 1832,  p.  372. 

C.  The  following  resolutions  on  the  subject  of  catechetical  instruction 
were  unanimously  adopted,  viz. : 

Resolved,  1.  That  this  General  Assembly  consider  the  practice  of  cate- 
chetical instruction  as  well  adapted  to  the  prosperity  and  purity  of  our 
Zion. 

Resolved,  2.  That  this  Assembly  view  also  with  deep  regret  the  neglect, 
on  the  part  of  many  of  our  churches,  of  this  good  old  practice  of  our 
fathers;  a  practice  which  has  been  attended  with  such  blessed  results  to 
the  cause  of  pure  and  unde filed  religion. 

Resolved,  3.  That  the  institution  of  Sabbath -schools  does  not  exonerate 
ministers  and  parents  from  the  duty  of  teaching  the  Shorter  Catechism 
to  the  children  of  the  Church. 

Resolved,  4.  That  this  Assembly  earnestly  and  affectionately  recommend 
to  all  ministers  and  ruling  elders  in  its  connection  to  teach  diligently  the 
young  of  their  respective  congregations  the  Assembly's  Shorter  Cate- 
chism.—1849,  p.  181,  N.  S. 

d.  Resolved,  That  the  Assembly  regard  Christian  training  at  all  periods 
of  youth  and  by  all  practicable  methods,  especially  by  parents  at  home, 
by  teachers  in  institutions  of  learning,  and  by  pastors  through  catechetical 
and  Bible  classes,  as  binding  upon  the  Church  according  to  the  injunction, 
"  Train  up  a  child  in  the  way  he  should  go,"  and  as  having  a  vital 
connection  with  the  increase  of  numbers  and  efficiency  of  the  ministry 
and  of  the  stability  and  purity  of  the  Church. — 1854,  p.  30,  O.  S. 

e.  Resolved,  That  this  Assembly  recommend  that  the  Westminster 
Assembly's  Catechism  be  introduced  as  a  text-book  into  all  the  Sabbath- 
schools  under  our  supervision  and  control,  where  it  is  not  now  used.  — 
1866,  p.  278,  N.  S. 

5.    Relation  of  Sabbath-schools  to  the  family. 

We  are  pleased  to  find  that  our  Sabbath-school  system  appears  to  be 
gaining  upon  the  confidence  of  the  churches,  but  we  caution  heads  of 
families  against  the  idea  that  their  duties  may  be  delegated  to  the  Sab  - 


OF    THE   SANCTIFICATION    OF   THE    LORD's    DAY.  827 

bath-scliool  teacher.  The  obligatious  of  parents  are  intransferable.  The 
teacher  is  not  the  parent's  substitute,  but  his  helper;  and  it  is  equally 
the  duty  of  the  parent  to  superintend  the  instruction  of  his  family  as 
though  there  were  no  such  thing  as  a  Sabbath-school. — 1840,  p.  310,  O. 
S.;  1877,  p.  516. 

6.    Relation  of  the  Sabbath-school  to  the  Session. 

a.  These  schools  should  always  be  under  the  direction  of  the  pastor 
and  Session,  and  they  should  see  to  it  that  our  Catechisms  constitute,  in 
all  cases,  a  part  of  the  regular  course  of  instruction. — 1840,  p.  310, 
O.  S.;  1877,  p.  516. 

b.  The  Sabbath -school — like  all  the  religious  institutions  and  agencies 
of  each  individual  church — is  and  ought  to  be  under  the  watch  and  care 
of  the  Session,  and  should  be  regarded  not  as  superseding  but  as  cooper- 
ating with  the  entire  system  of  pastoral  instruction,  the  responsibilities 
of  which  it  should  not  in  any  manner  diminish. — 1863,  p.  241,  N.  S. ; 
1877,  p.  516. 

C.  The  Assembly  resumed  the  unfinished  business,  being  the  considera- 
tion of  the  report  of  the  Committee  on  Sunday-schools,  which  was 
amended,  adopted,  and  is  as  follows:  .... 

Resolved,  1.  That  it  belongs  emphatically  to  the  pastor  and  elders  of 
each  congregation  to  direct  and  supervise  the  whole  work  of  the  spiritual 
training  of  the  young,  and  that  it  is  an  important  part  of  the  functions  of 
their  office  both  to  encourage  parents  to  fidelity  in  bringing  up  their  chil- 
dren in  the  nurture  and  admonition  of  the  Lord,  and  also  to  secure  the 
cooperation  of  all  the  competent  members  of  the  Church  in  the  religious 
education  of  all  the  children  and  youth  to  whom  they  can  gain  access. 

2.  That  great  attention  ought  to  be  paid  to  the  work  of  inculcating 
lessons  from  the  sacred  ScrijDtures,  and  of  fixing  in  the  memory  the 
Catechisms  of  our  Church  both  as  to  its  doctrine  and  polity;  and  still 
further,  of  combining  all  the  schools  of  a  congregation  in  united  worship 
as  far  as  possible,  and  especially  of  leading  them  to  Jesus  in  the  exercise 
of  a  living  faith  and  continued  reliance  on  the  Holy  Spirit. 

3.  That  to  the  above  end  we  would  further  recommend  to  the  pastors 
that  they  adapt,  wherever  practicable,  the  second  discourse  of  every 
Sabbath  particularly  to  the  young  of  their  flock;  thus  afibrding  to  this, 
the  most  susceptible  and  hopeful  portion  of  their  fields,  at  least  one-half 
of  their  time  and  labor,  and  giving  their  children  distinctly  to  feel  that 
they  have  a  place,  no  less  in  the  sanctuary  than  in  the  Sunday-school, 
both  for  worship  and  instruction. 

4.  That  church  Sessions  be  required  to  furnish  in  their  statistical 
reports  a  full  account  of  the  number  of  Sunday-school  scholars  and 
teachers  in  their  respective  congregations,  to  be  embodied  in  the  Assem- 
bly's minutes. 

5.  That  a  Permanent  Committee  of  the  Assembly  be  appointed,  whose 
duty  it  shall  be  to  take  charge  of  this  great  interest,  and  to  report  what- 
ever may  quicken  and  stimulate  the  Church  in  its  duty  of  training  the 
young  according  to  the  Word  of  God. 

6.  That  this  (Gleneral  Assembly  earnestly  recommend  to  the  pastors  of 
the  churches  within  its  bounds  to  present  before  their  congregations,  in 
one  or  more  discourses,  the  relation  of  baptized  children  to  the  Church, 
and  the  reciprocal  duties  between  parents  and  cliildren  growing  out  of 


828  DIRECTORY    FOR    WORSHIP,    CHAP.    I. 

this  relation,  as  defined  in  the  Word  of  God  and  declared  in  the  doctrines 
of  our  Church. 

7.  That  it  is  exceedingly  desirable  that  the  entire  congregation,  old 
and  young,  be  permanently  connected  with  the  Sunday-school  either  as 
scholars  or  teachers. — 1864,  pp.  507,  508,  N.  S. ;  reaffirmed,  1877,  p. 
516. 

d.  The  Committee  to  whom  were  referred  certain  resolutions  on  the 
subject  of  Sabbath- schools  would  respectfully  report  the  following 
minute : 

The  Sabbath -school,  in  its  original  design,  as  it  lay  in  the  mind  of  its 
founder,  was  simply  a  means  of  imparting  instruction  to  the  children  of 
the  poor.  While  that  great  purpose  should  never  be  lost  sight  of,  yet 
the  institution  has  grown  to  be  an  important  auxiliary  to  the  Church  in 
the  instruction  and  religious  culture  of  her  children.  As  such,  it 
naturally  comes  under  the  direction  of  the  pastor  and  Session  of  each 
church,  and  they  should  ever  be  recognized  as  its  proper  guardians  and 
supervisors.  They  have  no  more  right  to  relinquish  this  solemn  respon- 
sibility than  they  have  to  give  up  the  care  and  discipline  and  instruction 
of  the  church.  He  who  said  to  His  apostle,  "  Feed  my  sheep,"  said 
also,  "  Feed  my  lambs."  AVith  this  obvious  fact  of  the  responsibility 
of  pastors  for  the  children  of  their  churches,  the  General  Assembly  does 
hereby  set  forth  the  following  principles  as  guides  to  pastors  and  Sessions 
in  fulfilling  their  duties  in  respect  to  the  Sabbath -school  work. 

1.  The  pastoral  office  involves  the  practical  suj^ervision  of  the  Sab- 
bath-school. The  pastor  should  frequently,  if  not  constantly,  be  present 
to  counsel  and  aid  those  who  may  under  him  be  engaged  in  the  work  of 
instruction. 

2.  While  the  Holy  Bible  is  the  great  text-book  of  the  Sabbath-school, 
it  is  eminently  fitting  that  the  summary  of  Christian  doctrine  as  contained 
in  our  admirable  Shorter  Catechism  should  also  be  taught,  and  that  a 
lesson  therefrom  should  be  recited  at  least  once  a  month,  and  that  at  least 
once  in  a  quarter  the  pastor  himself  should  examine  the  whole  school 
therein,  adding  thereto  such  explanations  and  illustrations  as  may  to  him 
seem  proper. 

3.  The  books  of  the  Sabbath -school  library  should  be  Avholly  subject 
to  the  supervision  of  the  pastor  and  ruling  elders,  and  no  woi-k,  except 
it  be  published  by  our  Board  of  Publication,  shall  be  admitted,  which 
they  have  not  approved.  In  this  examination  care  should  be  taken  that 
no  book  receives  their  sanction  which  might  give  the  minds  of  children 
a  bias  unfavorable  to  the  order,  doctrine  and  practices  of  our  Church, 
or  which  might  beget  a  taste  for  frivolous  literature,  or  which  does  not 
impart  some  weighty  truth  or  important  information. 

4.  In  addition  to  the  exercises  of  the  Sabbath-school,  every  pastor 
should  hold  frequent  meetings,  especially  for  the  children,  in  which  the 
addresses  and  services  are  adapted  to  their  intellectual  capacities  and 
wants. 

5.  Presbyteries  are  hereby  enjoined,  in  their  annual  inquiry  into  the 
state  of  the  churches  within  their  bounds,  to  ascertain  whether  these 
principles  are  adhered  to,  and  how  far  they  are  carried  into  practice. 

6.  The  Assembly  furthermore  recognizes  the  importance  of  securing 
for  those  engaged  in  the  work  of  Sabbath-school  instruction  all  the  aids 
that  may  have  been  prepared  either  in  our  own  country  or  abroad, 
whether  in  illustration  or  explanation  of  the  doctrines  of  the  Word  of 


OF    THE   S  A  NOTIFICATION    OF   THE    LORD's    DAY.  829 

God,  or  iu  reference  to  the  conduct  and  discipline  of  the  Church,  or  in 
regard  to  the  best  methods  of  securing  its  prosperity  and  largest  success. 
For  this  purpose  the  Board  of  Publication  is  directed  to  add  to  their  list 
of  works  all  such  helps  to  Sabbath-school  instruction  as  may  be  found 
valuable  and  useful,  either  by  the  republication  of  standard  foreign 
works,  or  the  issue  of  those  which  may  be  obtained  from  authors  at 
home,  and  to  procure  for  the  use  of  pastors  and  teachers,  at  their  request, 
such  works  published  by  other  societies  or  establishments  as  may  be  valu- 
able auxiliaries  in  the  great  work  of  the  Sabbath-school. 

7.  It  should  be  the  aim  of  all  engaged  in  the  religious  culture 
of  the  young,  whether  parents  or  guardians,  or  pastors  and  teachers,  to 
counteract,  as  far  as  possible,  the  tendencies  of  the  age  to  unhealthy 
excitements,  to  a  vapid  and  enervating  literature,  which  only  enfeebles 
and  demoralizes  the  mind,  and  often  corrupts  the  heart;  to  induce  the 
youth  under  their  care  to  seek  for  sound  and  wholesome  doctrine ;  to 
correct  their  taste;  to  beget  in  them  a  love  for  those  noble  and  substantial 
works  which  were  the  food  on  which  our  fathers  fed,  and  by  which  they 
grew  into  a  strength  and  greatness  which  has  made  them  ever  after  to  be 
remembered.— 1867,  p.  351,  O.  S. ;  confirmed,  1877,  p.  516. 

e.  We  again  call  the  attention  of  our  Sabbath -schools  to  the  deliver- 
ances of  former  General  Assemblies,  which  refer  the  supervision  of  their 
work,  the  selection  of  officers  and  teachers,  the  direction  of  the  benevo- 
lence, and  the  general  conduct  of  the  school  to  the  Session  of  the  church. 
—1885,  p.  627. 

7.    Superintendents  to  be  appointed  or  approved  by  Session. 

a.  In  all  of  our  Sabbath-schools  superintendents  should  be  chosen  or 
appointed,  subject  to  the  approval  of  the  Session. — 1878,  p.  26. 

b.  The  Assembly  earnestly  recommends  the  Sessions  of  all  our 
churches,  in  the  exercise  of  their  right,  to  appoint  the  superintendent 
and  maintain  a  careful  and  authoritative  supervision  of  all  the  Sabbath- 
school  work  of  their  congregations  and  mission  enterprises. — 1882,  p.  49. 

8.    Teachers  to  be  approved  by  Session. 
The  selection  of  teachers  belongs  to  the  Session  of  the  church. — 1885, 
p.  627. 

9.    Primary  instruction  to  be  given. 

It  is  recommended  to  the  pastors  and  Sessions  of  our  churches  to  make 
themselves  acquainted  with  the  system  of  infant-school  instruction,  and 
to  establish  such  schools  in  their  congregations. — 1830,  p.  303. 

10.  The  Shorter  Catechism  to  be  taught  in  the  schools. 

The  use  of  the  Catechism  in  the  religious  instruction  of  the  young, 
and  of  the  children  under  the  care  of  the  church,  is  affectionately  and 
earnestly  recommended  to  the  Sessions,  as  the  most  effectual  means,  under 
God,  of  preserving  the  purity,  peace  and  unity  of  the  Church. — 1832, 
p.  372. 

The  pastors  and  Sessions  should  see  to  it  that  in  congregations  where 
the  Shorter  Catechism  is  neglected,  it  be  introduced  and  used  with  due 
prominence. — 1878,  pp.  25,  26. 

The  Assembly  earnestly  recommends  the  systematic  study  of  the 
Shorter  Catechism  in  all  the  Sabbath-schools. — 1891,  p.  129. 


830  DIRECTORY    FOR   WORSHIP,    CHAPS.    I-II. 

11.    The  schools  to  be  supported  by  the  churches. 

Many  of  our  schools  are  left  by  the  particular  churches  to  which  they 
belong  without  any  proper  provision  for  their  support.  The  schools  are 
left  to  provide  the  funds  for  their  current  expenses;  and  the  intelligent 
interest  and  affection  of  the  children  are  centred  in  self -care.  No  more 
should  parents  expect  their  little  children  to  pay  for  their  own  bread, 
clothes  and  schoolbooks  than  should  the  church  expect  them  to  bear  the 
expense  of  their  instruction  in  the  Sabbath -school. — 1895,  p.  88. 

12.    Sessions  to  supervise  the  contributions  of  the  schools. 

That  pastors  and  Sessions  be  urgently  requested  to  maintain  a  careful 
supervision  of  the  objects  for  which  collections  are  made  in  the  Sabbath- 
schools,  and  to  secure  their  contribution  to  our  own  benevolent  causes. — 
1882,  p.  48. 

The  Presbyterian  Church  should  "  make  the  Sabbath -school  a  training 
school  in  methods  and  objects  of  Christian  benevolence,  to  the  end  that 
our  young  people  may  understand  the  work  and  love  the  great  Boards  of 
our  Church — not  part,  but  all  of  them. — 1895,  p.  88. 

13.    Children's  Day  commended. 

The  General  Assembly  notices  with  approval  the  observance  by  our 
churches  and  Sabbath-schools  of  the  second  Sabbath  of  June,  designated 
as  "  Children's  Day,"  and  emphasizes  the  importance  of  seeking  the 
presence  and  power  of  the  Holy  Spirit  in  these  services,  that  they  may 
not  be  simply  attractive,  but  profitable,  contributing  to  the  conversion 
and  Christian  nurture  of  the  young. — 1885,  p.  626. 

14.    Presbyterian  Lesson  Helps  to  be  used. 

There  is  nothing  now  in  the  complaint,  so  often  heard  in  former  years, 
that  Presbyterian  Lesson  Helps  are  too  expensive.  A  careful  compari- 
son with  the  price  of  "  Helps  "  published  by  the  leading  houses  in  this 
business,  shows  that  our  Board  is  furnishing  better  goods  for  less  cost ; 
and  if  this  were  not  enough,  it  is  giving  free  of  all  cost  supplies  to  needy 
schools.  There  is  no  shadow  of  justification,  or  even  excuse,  for  patron- 
izing irresponsible  concerns  whose  supplies  would  be  dear  at  any  price. — 
1895,  p.  88. 

15.  Loyalty  to  our  own  Sabbath-school  agencies  recommended. 

There  is  no  force  in  the  plea  for  non-denominational  work  as  being 
better  adapted  to  reach  the  masses.  People  will  love  the  agency  that 
cares  for  them ;  they  will  love  the  Presbyterian  Church,  and  come  into 
it  gladly,  if  the  Presbyterian  Church  proves  that  she  loves  them  and 
seeks  their  good.  So  we  urge  our  people  to  stand  loyally  by  their  own 
Church  agency  for  this  work,  and  to  give  what  they  have  for  this  cause, 
through  our  own  Board. — 1895,  p.  88. 

16.  Standing  Committees  of  Presbyteries  and  Synods  on  Sabbath- 

school  Work. 
The  Assembly  recommends  that  a  Standing  Committee  on  Sabbath - 
schools  be  appointed  by  each  Presbytery  and  Synod  for  the  purpose  of 
holding  Sabbath-school  institutes,  stimulating  normal  classes,  guarding 
against  the  intrusion  of  outside  lesson  helps,  purifying  the  literature  of 
Sabbath -school  libraries,  and  to  obtain  statistics  for  the  use  of  the  secre- 
tary of  this  department. — 1882,  p.  48. 


OF   THE   ASSEMBLING   AND    BEHAVIOR    OF    THE    CONGREGATION.       831 

17.    Systematic  Bible  study  by  the  whole  congregation. 

1.  Pastors  and  Sessions  are  urged  to  put  forth  practical  and  persistent 
efforts  to  enlist  their  entire  congregations  in  systematic  Bible  study  and 
teaching  in  connection  with  the  Sabbath -school. 

2.  The  General  Assembly  again  emphasizes  the  duty  of  church  Ses- 
sions to  exercise  supervision  over  their  Sabbath-schools,  especially  in  the 
choice  of  officers  and  teachers 

3.  In  the  judgment  of  the  General  Assembly,  greater  prominence 
should  be  given  in  Sabbath -school  contributions  to  the  causes  represented 
by  our  Boards,  that  the  scholars  may  be  educated  intelligently  to  con- 
tribute to  each  always,  and  especially  remembering  the  Sabbath -school 
Missionary  Department  of  the  Board  of  Publication.  Adopted. — 1883, 
p.  616. 


CHAPTER  II. 


OF  THE  ASSEMBLING  OF  THE  CONGREGATION  AND 
THEIR  BEHAVIOR  DURING  DIVINE  SERVICE. 

I.  When  the  time  appointed  for  public  worship  is  come,  let  the  people 
enter  the  church,  and  take  their  seats  in  a  decent,  grave,  and  reverent 
manner. 

II.  In  time  of  public  worship,  let  all  the  people  attend  with  gravity 
and  reverence ;  forbearing  to  read  anything,  except  what  the  minister  is 
then  reading  or  citing;  abstaining  from  all  whisperings;  from  salutations 
of  persons  present,  or  coming  in;  and  from  gazing  about,  sleeping, 
smiling,  and  all  other  indecent  behavior. 

1.    Posture  in  public  prayer. 

a.  On  an  overture  from  the  Presbytery  of  Philadelphia,  asking  the 
Assembly  to  adopt  measures  for  arresting  or  abating  the  growing  evil  of 
sitting  in  public  prayer,  the  Assembly  took  action,  viz. : 

While  the  posture  of  standing  in  public  prayer,  and  that  of  kneeling 
in  private  prayer,  are  indicated  by  examples  in  Scripture,  and  the 
general  practice  of  the  ancient  Christian  Church,  the  posture  of  sitting 
in  public  prayer,  is  nowhere  mentioned,  and  by  no  usage  allowed;  but,  on 
the  contrary,  was  universally  regarded  by  the  early  Church  as  heathenish 
and  irreverent,  and  is  still,  even  in  the  customs  of  modern  and  Western 
nations,  an  attitude  obviously  wanting  in  the  due  expression  of  rever- 
ence; therefore  this  General  Assembly 

Resolve,  That  the  practice  in  question  be  considered  grievously 
improper,  whenever  the  infu'mities  of  the  worshiper  do  not  render  it 
necessary ;  and  that  ministers  be  required  to  reprove  it  with  earnest  and 
pei'severing  admonition. — 1849,  p.  255,  O.  S. 

b.  Reaffirmed  by  the  Assembly  of  1857,  p.  38,  O.  S. 

C.  An  overture  from  the  Presbytery  of  Michigan  in  relation  to 
posture  in  prayer  and  praise,  with  the  answer  that  action  is  inexpedient, 
which  was  adopted. — 1870,  p.  28. 

[Note.— See  Minutes,  1854,  p.  509.  N.  S.] 


832  DIRECTORY    FOR    WORSHIP,    CHAP.    III. 


CHAPTER  III. 

OF  THE  PUBLIC  READING  OF  THE  HOLY 
SCRIPTURES. 

I.  The  reading  of  the  Holy  Scriptures,  in  the  congregation,  is  a  part 
of  the  public  worship  of  God,  and  ought  to  be  performed  by  the  minis- 
ters and  teachers. 

II.  The  Holy  Scriptures  of  the  Old  and  New  Testament  shall  be 
publicly  read,  from  the  most  approved  translation,  in  the  vulgar  tongue, 
that  all  may  hear  and  understand. 

[Note.— See  Confession  of  Faith,  Chap,  i,  Sec.  viii,  p.  66.] 
THE  REVISED  VERSION. 

1.  The  Assembly  expresses  neither  approval  nor  disapproval. 

Overture  from  the  Presbytery  of  Dayton,  asking  that  the  Assembly 
commend  the  use  of  the  Revised  Version  of  the  Scriptures,  and  from  the 
Synod  of  Baltimore,  on  the  same  subject. 

We  recommend  answer  as  follows:  The  Revised  Version,  however 
valuable  it  may  be  as  a  help  in  the  study  of  the  Scriptures,  is  still  upon 
its  trial  among  English-speaking  people.  Therefore  the  time  has  not 
ari'ived  for  the  Assembly  to  express  approval  or  disapproval.  Meanwhile 
we  call  the  attention  of  ministers  and  Sessions  to  Chap,  iii.  Sec.  ii,  of 
the  Directory  for  Worship.     Adopted.— 1887,  p.  82. 

2.    Inexpedient  to  authorize  its  use  in  public  worship. 

Overture  from  the  Synod  of  Baltimore,  and  from  the  Presbytery  of 
Dayton,  the  former  asking  whether  the  use  of  the  Revised  Version  of 
the  Holy  Sci'iptures  in  public  worship  is  consistent  with  Chap,  iii,  Sec. 
ii,  of  the  Directory  for  Worship ;  and  the  latter  asking  the  Assembly  to 
allow  the  use  of  the  Revised  Version  in  the  public  services  of  the  sanc- 
tuary, with  a  view  to  removing  an  occasion  of  complaint  in  some  churches. 

It  is  recommended  that  in  the  present  unsettled  condition  of  opinion 
regarding  the  Revised  Version  of  the  Sacred  Scriptures,  it  be  deemed 
inexpedient  for  the  General  Assembly  to  authorize  its  use  in  the  public 
worship  of  the  sanctuary.     Adopted. — 1888,  p.  72. 

3.    Inexpedient  to  direct  its  use  in  public  worship. 

Overture  from  the  Presbytery  of  Dayton,  as  follows:  "  The  Presbytery 
of  Dayton,  being  persuaded  that  good  could  be  done  by  the  more  general 
use  of  the  '  Revised  Version  of  the  Scriptures  '  in  the  services  of  the 
sanctuary,  because  of  the  light  it  throws  on  God's  truth,  respectfully 
overtures  the  General  Assembly  to  commend  its  use  by  the  ministry  and 
teachers  in  our  Sabbath -schools,  and  thus  relieve  the  minds  of  such  as, 
from  scruples  of  conscience,  refrain  from  the  use  of  it,  because  its  use 
has  not  been  formally  sanctioned  by  the  General  Assembly."  The 
Committee  answer,  that  while  in  the  present  unsettled  condition  of 
opinion  regarding  the  Revised  Version  of  the  Scriptures,  the  Assembly 
deems  it  inexpedient  to  direct  its  use  in  the  public  worship  of  God,  its 


OF   THE   PUBLIC    READING    OF    THE    HOLY    SCPJPTURES.  833 

actiou  must  uot  be  construed  as  intending  to  detract  from  the  value  of  the 
Revised  Version,  or  to  express  any  want  of  confidence  in  it.  The  As- 
sembly feels  assured  that  the  recent  revision  will,  if  found  worthy,  estab- 
lish its  value  in  the  estimation  of  the  people  of  God,  and  that  the 
sanction  of  the  Assembly  is  uot  needful.     Adopted. — 1889,  p.  80. 

4.    No  official  sanction  of  its  use  necessary. 

Overture  from  the  Presbytery  of  Los  Angeles,  asking  the  sanction  of 
the  Assembly  on  the  use  of  the  Revised  Version  of  the  Scriptures  iu 
public  worship. 

Recommended,  That  in  view  of  the  liberty  already  received  no  official 
sanction  is  necessary.     Adopted. — 1892,  p.  178. 

5.    Appointment  of  commission  declined. 

In  answer  to  overtures  asking  the  General  Assembly  of  1887  to  com- 
mend the  use  of  the  Revised  Version  of  the  Holy  Scriptures,  the  Assem- 
bly replied  as  follows: 

"  That,  however  valuable  it  may  be  as  a  help  in  the  study  of  the 
Scriptures,  it  is  still  upon  its  trial  among  English-speaking  people;  there- 
fore the  time  has  not  arrived  for  the  Assembly  to  express  approval  or 
disapproval.  Meanwhile,  we  call  the  attention  of  ministers  and  Sessions 
to  Chap,  iii,  Sec.  ii,  of  the  Directory  for  Worship  "  (^Minutes,  General 
Assembly,  1887,  p.  82). 

Directory  for  Worship,  Chap,  iii.  Sec.  ii,  reads  as  follows: 

"  The  Holy  Scriptures  of  the  Old  and  New  Testament,  shall  be  pub- 
licly read,  from  the  most  approved  translation,  in  the  vulgar  tongue,  that 
all  may  hear  and  understand." 

And  Sec.  iii  says,  the  minister  "  may,  when  he  thinks  it  expedient, 
expound  any  part  of  what  is  read." 

As  our  Directory  for  Worship  authorizes  our  ministers  in  reading  ' '  the 
most  approved  translation,  in  the  vulgar  tongue, "  to  "  expound  any  part 
of  what  is  read,"  and  as  it  is  uot  probable  that  the  Authorized  Version 
of  the  Holy  Scriptures  will  be  displaced  by  any  New  Version  in  this 
generation,  we  do  uot  recommend  the  appointment  of  the  Commissiou 
asked  for  in  this  overture.     Adopted. — 1896,  p.  158. 

III.  How  large  a  portion  shall  be  read  at  once,  is  left  to  the  discretion 
of  every  minister :  however,  in  each  service,  he  ought  to  read,  at  least, 
one  chapter ;  and  more,  when  the  chapters  are  short,  or  the  connection 
requires  it.  He  may,  when  he  thinks  it  expedient,  expound  any  part  of 
what  is  read :  always  having  regard  to  the  time,  that  neither  reading, 
singing,  praying,  preaching,  or  any  other  ordinance,  be  disproportionate 
the  one  to  the  other;  nor  the  whole  rendered  too  short,  or  too  tedious. 

1.    The  early  rule  for  the  reading-  of  the  Scriptures. 

Overtured,  That  every  minister,  in  their  respective  congregations,  read 
and  comment  upon  a  chapter  of  the  Bible  every  Lord's  day  as  discretion 
and  circumstances  of  time,  place,  etc.,  Avill  admit.  Adopted. — 1707, 
p.  10. 

2.    Responsive  services  in  public  worship  unwise. 
Overture  from  the  Presbytery  of  Baltimore  in  regard  to  responsive 
and  ritualistic  services. 
53 


834  DIRECTORY    FOR    WORSHIP,    CHAPS.    III-IV. 

The  Committee  recommend  these  resolutions: 

1.  That  the  practice  of  responsive  service  in  the  public  worship  of  the 
sanctuary  is  without  warrant  in  the  New  Testament,  and  is  unwise  and 
impolitic  in  view  of  its  inevitable  tendency  to  destroy  uniformity  in  our 
mode  of  worship. 

2.  That  the  Sessions  of  the  churches  are  urged  to  preserve,  in  act  and 
spirit,  the  simplicity  of  service  indicated  in  the  Directory  for  Worship. 
Adopted.— 1874,  p.  83. 

[Note— See  Digest,  1886,  p.  784  ;  Minutes,  1869,  p.  926,  0.  S.] 

3.    Responsive  reading  not  a  subject  of  church  discipline. 

Overture  from  the  Synod  of  Toledo,  asking  that  the  General  Assembly 
transmit  to  the  Presbyteries  an  overture  which  shall  settle  clearly  that 
responsive  readings  are  a  permissible  part  of  public  worship,  or  the 
opposite. 

The  Committee  recommend  the  following  answer: 

This  Assembly  does  not  deem  it  advisable  to  send  down  such  an  over- 
ture. Referring  to  past  action  of  the  General  Assembly  for  an  opinion 
as  to  the  usage  in  question,  this  Assembly  is  not  prepared  to  recommend 
to  the  Sessions  to  make  it  a  subject  of  church  discipline. — 1876,  p.  79. 

4.    Responsive  reading  judicially  declared  not  to  be  a  violation 
of  the  Constitution. 

The  Judicial  Commission,  in  the  case  of  the  appeal  of  Charles  D. 
Drake,  against  the  Synod  of  Baltimore,  made  report  as  follows,  which 
was  adopted,  and  ordered  on  record: 

In  the  matter  of  the  appeals  of  Charles  D.  Drake  from  the  judgments 
of  the  Synod  of  Baltimore,  to  the  General  Assembly  of  the  Presbyterian 
Church  in  the  United  States  of  America,  entitled:  Charles  D.  Drake 
vs.  George  O.  Little,  appeal  from  judgment  of  Synod  of  Baltimore; 
and  Charles  D.  Drake  vs.  Tennis  S.  Hamlin,  appeal  from  same  Synod, 
the  duly  constituted  Commission  make  up  the  following  record  and 
report:  .... 

Charles  D.  Drake  presented  two  complaints  to  the  Presbytery  of 
Washington  City  against  the  defendants  above  named.  The  same  com- 
plaints were  alike,  and  contained  substantially  the  following  charge  and 
specification : 

Charge. — The  violation  of  the  Constitution  of  the  Presbyterian  Church 
in  the  United  States. 

Specification.  —That  the  said  defendants,  being  ministers,  in  the  months 
of  March  and  April  of  A.D.  1887,  did  in  the  Assembly's  churches, 
introduce  into  the  public  worship  of  the  congregations,  respectively,  the 
practice  of  responsive  service  in  the  reading  of  portions  of  the  Holy 
tScriptures. 

The  Presbytery  of  Washington  City  dismissed  the  complaints  of  the 
said  Charles  E).  Drake  as  not  sufficient  in  substance  to  furnish  grounds  to 
order  process. 

The  Synod  of  Baltimore  refused  to  entertain  the  appeals  of  the  said 
cases  by  the  said  Charles  D.  Drake  from  the  judgments  of  the  said  Pres- 
bytery of  Washington  City,  and  dismissed  the  said  appeals  and  sustained 
the  action  of  the  said  Presbytery. 

The  appellant  assigned  the  refusal  of  the  Synod  of  Baltimore  to  sustain 
his  appeals  from  the  judgments  of  the  Presbytery  of  Wasiiington  City  in 


OF   THE   SINGING    OF    PSALMS.  835 

the  said  cases  and  the  ordering  of  said  appeals  to  be  dismissed,  as  his 
specification  of  error. 

Finding. — After  full  consideration  of  the  cases,  as  consolidated,  the 
vote  of  the  Commission  was  taken  upon  the  specification  of  error  alleged, 
whereupon  it  was  unanimously  determined  that  the  specification  be  not 
sustained. 

Judgment — And  now,  to  wit,  May  26,  1888,  it  is  ordered,  adjudged, 
and  decreed,  by  the  Commission  aforesaid,  that  the  judgments  of  the 
Synod  of  Baltimore  in  the  cases  aforesaid  be  and  the  same  are  hereby 
affirmed.     Adopted  and  ordered  on  record. — 1888,  pp.  112,  113. 

5.    The  present  freedom  of  worship  under  the  Directory 
reliable  and  edifying. 

The  Standing  Committee  on  Bills  and  Overtures  further  reported  on 
the  resolution  referred  by  the  Assembly,  proposing  that  the  Assembly 
reappoint  a  Committee  on  Uniformity  in  Worship,  recommending  no 
action,  inasmuch  as  in  the  judgment  of  the  Committee  the  present  free- 
dom under  the  limits  of  our  Directory  for  Worship  is  more  reliable  and 
edifying.     Adopted.— 1896,  p.  39. 

6.    The  Apostles'  Creed  may  be  used  in  public  worship. 

Resolved,  4.  The  attention  of  our  congregations  is  hereby  called  to  the 
fact  that  the  Apostles'  Creed  is  one  of  the  Standards  of  the  Presbyterian 
Church;  that  the  instruction  of  the  children  of  the  Church  therein  is 
commended  in  the  Directory  for  Worship,  Chap,  x,  Sec.  i,  and  that 
its  use  in  worship  is  not  contrary  to  any  law  or  regulation  of  our 
denomination. 

Resolved,  5.  That  when  the  Apostles'  Creed  is  used  in  the  worship  of 
our  congregations,  the  Assembly  judges  that  ministei*s  are  at  liberty  to 
substitute  for  the  phrase,  "  He  descended  into  hell,"  the  equivalent 
words,  "  He  continued  in  the  state  of  the  dead,  and  under  the  power  of 
death,  until  the  third  day." — 1892,  p.  35. 


CHAPTER  IV. 

OF  THE  SINGING  OF  PSALMS. 

I.  It  is  the  duty  of  Christians  to  praise  God,  by  singing  psalms,  or 
hymns,  publicly  in  the  church,  as  also  privately  in  the  family. 

[Note. — See  Confession  of  Faith,  Chap,  xxi,  Sec.  v,  p.  90.] 

1.    Early  action  on  the  subject  of  psalmody. 

a.  A  query  was  brought  in,  in  these  words:  "As  sundry  members  and 
congregations  within  the  bounds  of  our  Synod  judge  it  most  for  their 
edification  to  sing  Dr.  Watts'  imitation  of  David's  Psalms,  does  the 
Synod  so  far  approve  said  imitation  of  David's  Psalms  as  to  allow  such 
ministers  and  their  congregations  liberty  of  using  them  ?" 

As  a  great  number  of  this  body  have  never  particularly  considered  Dr. 
Watts'  imitation,  they  are  not  prepared  to  give  a  full  answer  to  the 
question.  Yet  as  it  is  well  approved  by  many  of  this  body,  the  Synod 
have  no  objection  to  the  use  of  said  imitation  by  such  ministers  and  con- 


s 

836  DIRECTORY    FOR    WORSHIP,    CHAP.    IV. 

gregations  as  incline  to  use  it,  until  the  matter  of  psalmody  be  further 
considered.  And  it  is  recommended  to  the  members  of  this  body  to  be 
prepared  to  give  their  sentiments  respecting  this  subject  at  our  next 
meeting. — 1763,  p.  331. 

b.  After  some  consideration  of  the  query  concerning  the  use  of  Dr. 
AVatts'  imitation  of  the  Psalms,  the  Synod  judged  it  best,  in  present 
circumstances,  only  to  declare  that  they  look  on  the  inspired  Psalms  in 
Scripture  to  be  proper  matter  to  be  sung  in  divine  worship  according  to 
their  original  design  and  the  practice  of  the  Christian  Churches,  yet  will 
not  forbid  those  to  use  the  imitation  of  them  whose  judgment  and 
inclination  leads  them  to  do  so. — 1765,  p.  345. 

[Note. — The  book  in  general  use  was  Rouse's  version  of  tlie  Psalms.  In  addition  to 
the  action  given  above,  the  Synod  allowed  that  Dr.  Watts'  imitation  of  David's 
Psalms,  as  revised  by  ]\Ir.  Barlow,  be  sung  in  the  churclies  and  families  under  their 
care  (1787,  p.  535).  In  1802,  p.  249,  the  hymns  of  Dr.  Watts  were  also  allowed.  In 
1819,  p.  76,  the  subject  of  Psalmody  was  considered  and  referred  to  the  next  Assem- 
bly. A  Committee,  composed  of  Drs.  Caldwell  and  Romeyn  and  Mr.  Andrew  Wylie, 
presented  a  report  on  the  subject  which  was  adopted  (1820,  p.  740;.  The  result  was 
"  The  Book  of  Psalms  and  Hymns,"  which  was  approved  and  authorized  to  be  used 
in  all  our  churches  (1830,  p. '306.)  "The  Church  Psalmist,"  prepared  by  Dr.  N.  8. 
Beman,  was  approved  by  the  N.  S.  Assembly,  Minutes,  1840,  p.  24  ;  1846,  p.  19:  1857, 
pp.  410,  411 ;  1859,  p.  38.    See  Moore's  Digest,  1886,  p.  779.] 

II.  In  singing  the  praises  of  God,  we  are  to  sing  with  the  spirit,  and 
with  the  understanding  also ;  making  melody  in  our  hearts  unto  the 
Lord.  It  is  also  proper,  that  we  cultivate  some  knowledge  of  the  rules 
of  music ;  that  we  may  praise  God  in  a  becoming  manner  with  our  voices, 
as  well  as  with  our  hearts. 

1.   The  Book  of  Tunes. 

Resolved,  That  a  Committee  of  three  be  appointed  by  the  Publication 
Committee  to  prepare  a  book  of  tunes  adapted  to  the  Church  Psalmist, 
and  that  this  Committee  be  instructed  to  consult  and  correspond  with 
pastors  and  leaders  of  choirs  in  the  churches,  as  to  the  particular  tunes 
most  in  use  and  most  popular  in  the  congregations,  and  that  this  Com- 
mittee report  to  the  next  General  Assembly. — 1857,  p.  410,  N.  S. 

[Note. — The  Committee  reported  progress  to  the  Assembly  in  1858.  The  book, 
"The  Eclectic  Tune  Book,"  was  laid  before  the  Assembly  in  1860,  Minutes,  p.  246.] 

2.    The  Hymnal. 

[Note. — In  consequence  of  overtures  from  various  Presbyteries,  the  Assembly  of 
1863,  O.  S.,  appointed  a  Committee  to  take  the  whole  subject  into  consideration,  and 
report  to  the  next  Assembly.  This  Committee  reported  on  the  whole  subject,  and  the 
Assembly 

Resolved,  1.  That  the  report  be  adopted  and  printed  in  the  Appendix 
to  the  Minutes. 

2.  That  this  Assembly  approve  the  Hymnal  as  published,  and  allow 
the  same  to  be  used  in  all  our  churches ;  but  it  is  not  required  that  it  shall 
supersede  the  books  in  present  use. — 1866,  p.  95,  O.  S. 

3.    "Social  Hymn  and  Tune  Book." 

[Note. — "  The  Social  Hymn  and  Tune  Book"  was  prepared  by  the  Publication 
Committee  under  the  direction  of  the  General  Assembly  and  laid  before  it  in  1866.] 

Resolved,  That  the  "  Social  Hymn  and  Tune  Book,"  recently  pub- 
lished by  the  Committee,  be  commended  as  preeminently  adapted  to  social 
and  congregational  worship. — 1866,  p.  272,  N.  S. 


OF    THE    SINGING    OF    PSALMS.  837 

4.  Report  on  sacred  music.    The  Hymnal  commended. 

[Note— For  the  report  in  full,  see  3Hnufes,  1867,  pp.  365-367,  0.  S.] 

5.  The  Presbyterian  Hymnal  accepted  and  approved. 

The  Committee  ou  the  ' '  Book  of  Praise, ' '    through  their  Chairman, 

the  Rev.   Herrick    Johnson,    D.D.,   presented  their  report,   which  was 

accepted,   their   work  approved,   and   the  Committee  discharged,    with 

thanks,  for  the  efficient  manner  in  which  they  had  performed  their  duty. 

—1875,  p.  508. 

[Note.— For  the  report  of  the  Committee,  which  was  adopted,  see  Minutes,  1875, 
pp.  508,  509  ;  Digest,  1886,  p.  842.] 

6.   Hymns  for  social  meetings  and  the  Sunday-school. 

1.  That  a  collection  of  hymns  suitable  for  use  in  meetings  for  social 
prayer  and  in  the  Sunday-school  should  be  provided  by  the  Presbyterian 
Church  for  use  by  its  churches. 

2.  That  the  Board  of  Publication  be  directed  to  take  this  subject  into 
consideration,  and  to  prepare  and  publish,  at  as  early  a  date  as  practi- 
cable, a  collection  of  hymns,  such  as  is  contemplated  by  this  overture, 
and  furnish  the  same  at  such  prices  as  shall  place  the  collection  within 
the  reach  of  our  Sunday-schools. — 1882,  p.  42. 

7.    The  new  Hymnal. 

a.  The  Board  of  Publication  reported  that  the  new  Hymnal  is  so 
far  advanced  that  its  publication  is  promised  in  a  few  months.  Sample 
pages  of  the  hymns  and  tunes  were  put  in  the  hands  of  the  Assembly, 
and  it  was 

Resolved,  That  we  heartily  recommend  the  new  Hymnal,  now  approach- 
ing completion,  to  our  churches,  and  express  the  earnest  hope  for  the 
general  adoption  of  this  collection  as  the  book  of  praise  throughout  our 
Church ;  and  that  we  record  our  grateful  appreciation  of  the  labors  of 
the  Committee  in  charge  of  its  preparation. — 1895,  pp.  89,  90. 

b.  The  Assembly  heartily  commends  to  the  Church  the  new  Hymnal, 
and  recommends  its  adoption  in  all  our  churches,  as  the  best  attainable 
manual  of  praise.— 1896,  p.  83;  1897,  p.  72. 

III.  The  whole  congregation  should  be  furnished  with  books,  and 
ought  to  join  in  this  part  of  worship.  It  is  proper  to  sing  without 
parceling  out  the  psalm,  line  by  line.  The  practice  of  reading  the 
psalm,  line  by  line,  was  introduced  in  times  of  ignorance,  when  many  in 
the  congregation  could  not  read :  therefore,  it  is  recommended,  that  it  be 
laid  aside,  as  far  as  convenient. 

IV.  The  proportion  of  the  time  of  public  worship  to  be  spent  in  sing- 
ing is  left  to  the  prudence  of  every  minister:  but  it  is  recommended,  that 
more  time  be  allowed  for  this  excellent  part  of  divine  service  than  has 
been  usual  in  most  of  our  churches. 

1.    Church  music  is  under  the  control  of  the  minister  and 
the  Session. 

a.  In  reply  to  an  overture  from  the  Synod  of  Cincinnati  on  the  sub- 
ject of  instrumental  music,  the  following  minute  was  adopted: 

Whereas,  by  our  Constitution  (Form  of  Government,  Chap,  ix.  Sec. 
vi,  and  Directory  for  Worship,  Chap,   iv,  Sec.   iv),  the  whole  internal 


838  DIRECTORY    FOR    WORSHIP,    CHAPS.    IV-V. 

arrangement  of  a  church,  as  to  worship  and  order,  is  committed  to  the 
minister  and  Session ;  therefore. 

Resolved,  That  this  Assembly  do  not  feel  themselves  called  upon  and 
obliged  to  take  any  further  order  on  this  subject,  but  laeve  to  each  Ses- 
sion the  delicate  and  important  matter  of  arranging  and  conducting  the 
music  as  to  them  shall  seem  most  for  edification,  recommending  great 
caution,  prudence  and  forbearance  in  regard  to  it. — 1845,  pp.  21,  22, 
O.  S. 

b.  A  memorial  asking  the  Assembly  ' '  to  define  the  rights  of  a  Session 
of  a  church  in  regard  to  the  singing  in  the  house  of  God,"  answered  by 
referring  to  the  above  action. — 1858,  p.  281,  O.  S. 

[Note. — See  also  Form  of  Government,  Cbap,  ix,  Sec.  vi,  No.  26,  p.  172;  also  Direc- 
tory for  Worship,  Chap,  iii,  Sec.  iii,  p.  833.] 


CHAPTER  V. 
OF  PUBLIC    PRAYER. 


I.  It  seems  very  proper  to  begin  the  public  worship  of  the  sanctuary 
by  a  short  prayer:  humbly  adoring  the  infinite  majesty  of  the  living 
God;  expressing  a  sense  of  our  distance  from  him  as  creatures,  and 
uu worthiness  as  sinners;  and  humbly  imploring  his  gracious  presence,  the 
assistance  of  his  Holy  Spirit  in  the  duties  of  his  worship,  and  his  accept- 
ance of  us  through  the  merits  of  our  Lord  and  Saviour  Jesus  Christ. 

II.  Then,  after  singing  a  psalm,  or  hymn,  it  is  proper  that,  before 
sermon,  there  should  be  a  full  and  comprehensive  prayer:  First,  Adoring 
the  glory  and  perfections  of  God,  as  they  are  made  known  to  us  in  the 
works  of  creation,  in  the  conduct  of  providence,  and  in  the  clear  and  full 
revelation  he  hath  made  of  himself  in  his  written  Word:  Second,  Giving 
thanks  to  him  for  all  his  mercies  of  every  kind,  general  and  particular, 
spiritual  and  temporal,  common  and  special;  above  all,  for  Christ  Jesus, 
his  unspeakable  gift,  and  the  hope  of  eternal  life  through  him :  Third, 
Making  humble  confession  of  sin,  both  original  and  actual ;  acknowl- 
edging, and  endeavoring  to  impress  the  mind  of  every  worshiper,  with  a 
deep  sense  of  the  evil  of  all  sin,  as  such;  as  being  a  departure  from  the 
living  God ;  and  also  taking  a  particular  and  affecting  view  of  the  various 
fruits  which  proceed  from  this  root  of  bitterness: — as  sins  against  God, 
our  neighbor,  and  ourselves ;  sins  in  thought,  in  word,  and  in  deed ; 
sins  secret  and  presumptuous ;  sins  accidental  and  habitual.  Also,  the 
aggravations  of  sin,  arising  from  knowledge,  or  the  means  of  it;  from 
distinguishing  mercies ;  from  valuable  privileges ;  from  breach  of  vows, 
etc. :  Fourth,  Making  earnest  supplication  for  the  pardon  of  sin,  and 
peace  with  God,  through  the  blood  of  the  atonement,  with  all  its  impor- 
tant and  happy  fruits;  for  the  Spirit  of  sanctifi cation,  and  abundant 
supplies  of  the  grace  that  is  necessary  to  the  discharge  of  our  duty;  for 
support  and  comfort,  under  all  the  trials  to  which  we  are  liable,  as  we 


OF    PUBLIC!    PRAYER.  839 

are  sinful  and  mortaJ ;  and  for  all  temporal  mercies  that  may  be  neces- 
sary, in  our  passage  through  tliis  valley  of  tears:  always  remembering  to 
view  them  as  flowing  in  the  channel  of  covenant  love,  and  intended  to 
be  subservient  to  the  preservation  and  progress  of  the  spiritual  life: 
Fifth,  Pleading  from  every  principle  warranted  in  Scripture :  from  our 
own  necessity ;  the  all-sufficiency  of  God ;  the  merit  and  intercession  of 
our  Saviour ;  and  the  glory  of  God  in  the  comfort  and  happiness  of  his 
people:  Sixth,  Intercession  for  others,  including  the  whole  world  of 
mankind;  the  kingdom  of  Christ,  or  his  Church  universal;  the  church 
or  churches  with  which  we  are  more  particularly  connected ;  the  interest 
of  human  society  in  general,  and  in  that  community  to  which  we  imme- 
diately belong;  all  that  are  invested  with  civil  authority;  the  ministers 
of  the  everlasting  gospel ;  and  the  rising  generation:  with  whatever  else, 
more  particular,  may  seem  necessary,  or  suitable,  to  the  interest  of  that 
congregation  where  divine  worship  is  celebrated. 

[Note.— See  Confession  of  Faith,  Chap,  xxi,  Sec.  iii,  p.  90.] 

III.  Prayer  after  sermon,  ought  generally  to  have  a  relation  to  the 
subject  that  has  been  treated  of  in  the  discourse;  and  all  other  public 
prayers,  to  the  circumstances  that  gave  occasion  for  them. 

IV.  It  is  easy  to  perceive,  that  in  all  the  preceding  directions  there  is 
a  very  great  compass  and  variety;  and  it  is  committed  to  the  judgment 
and  fidelity  of  the  officiating  pastor  to  insist  chiefly  on  such  parts,  or  to 
take  in  more  or  less  of  the  several  parts,  as  he  shall  be  led  to  by  the 
aspect  of  Providence;  the  particular  state  of  the  congregation  in  which 
he  officiates;  or  the  disposition  and  exercise  of  his  own  heart  at  the 
time.  But  we  think  it  necessary  to  observe,  that  although  we  do  not 
approve,  as  is  well  known,  of  confining  ministers  to  set  or  fixed  forms  of 
prayer  for  public  worship;  yet  it  is  the  indispensable  duty  of  every  min- 
ister, previously  to  his  entering  on  his  office,  to  prepare  and  qualify 
himself  for  this  part  of  his  duty,  as  well  as  for  preaching.  He  ouo-ht, 
by  a  thorough  acquaintance  with  the  Holy  Scriptures,  by  reading  the 
best  writers  on  the  subject,  by  meditation,  and  by  a  life  of  communion 
with  God  in  secret,  to  endeavor  to  acquire  both  the  spirit  and  the  gift 
of  prayer.  Not  only  so,  but  when  he  is  to  enter  on  particular  acts  of 
worship,  he  should  endeavor  to  compose  his  spirit,  and  to  digest  his 
thoughts  for  prayer,  that  it  may  be  performed  with  dignity  and  pro- 
priety, as  well  as  to  the  profit  of  those  who  join  in  it;  and  that  he  may 
not  disgrace  that  important  service  by  mean,  irregular,  or  extravagant 
effusions. 

1.    Liturgical  forms  not  needed. 

A  paper  from  the  Synod  of  Albany,  containing  suggestions  in  relation 
to  the  u.se  of  liturgical  forms  of  worship,  which  they  desire  to  be  adopted 
by  this  General  Assembly,  was  considered;    it  was 

Resolved,  That,  as  the  usages  and  forms  of  the  Presbyterian  Church 


840  DIRECTORY    FOR    WORSHIP,    CHAPS.    V-VI. 

have  been  so  uniform  and  acceptable  for  years  past,  from  their  Scriptural 
simplicity ;  and  as  no  extensive  departure  from,  or  change  of,  these 
usages  and  forms  is  likely  to  take  place  in  the  Presbyterian  denomina- 
tion, therefore  it  is  the  judgment  of  this  Committee  that  no  action  by 
this  Assembly  is  at  present  demanded. — 1867,  p.  498,  N.  S. 

2.    Book  of  Forms.    Liberty  to  use  the  forms  of  the  Reformed 

Churches. 

From  the  Presbytery  of  Puget  Sound,  asking  the  General  Assembly 
to  prepare  and  publish  a  Book  of  Forms  for  public  and  social  worship, 
and  for  special  occasions,  which  shall  be  the  authorized  service-book  of 
the  Church,  to  be  used  whenever  a  prescribed  formula  may  be  desired. 
Your  Committee  recommend  the  following  answer:  In  view  of  the  action 
of  previous  General  Assemblies  on  this  subject,  and  the  liberty  which 
belongs  to  each  minister  to  avail  himself  of  the  Calvinistic  or  other 
ancient  devotional  forms  of  the  Reformed  churches,  so  far  as  may  seem 
to  him  for  edification,  it  is  inexpedient  for  this  General  Assembly  to 
make  any  special  order  in  the  premises. — 1882,  p.  95. 

[Note. — See  also  Directory  for  "Worship,  Chap,  iii,  Sec.  ii,  p.  832.] 


CHAPTER  VI. 


OF  THE  WORSHIP  OF  GOD  BY  OFFERINGS. 

Adopted  1886. 

I.  In  order  that  every  member  of  the  congregation  may  be  trained 
to  give  of  his  substance  systematically,  and  as  the  Lord  hath  prospered 
him  to  promote  the  preaching  of  the  Gospel  in  all  the  world  and  to 
every  creature,  according  to  the  command  of  the  Lord  Jesus  Christ,  it 
is  proper  and  very  desirable  that  an  opportunity  be  given  for  offerings 
by  the  congregation  in  this  behalf  every  Lord's  day,  and  that,  in 
accordance  with  the  Scriptures,  the  bringing  of  such  offerings  be  per- 
formed as  a  solemn  act  of  worship  to  almighty  God. 

II.  The  proper  order,  both  as  to  the  particular  service  of  the  day  and 
the  place  in  such  service  for  receiving  the  offerings,  may  be  left  to  the 
discretion  of  the  minister  and  Session  of  the  Church;  but  that  it  may  be 
a  separate  and  specific  act  of  worship,  the  minister  should  either  precede 
or  immediately  follow  the  same  with  brief  prayer,  invoking  the  blessing  of 
God  upon  it  and  devoting  the  offerings  to  his  service. 

1.    General  recommendations. 

Your  Committee  present  for  the  Assembly's  approval  the  following 
resolutions: 

1.  That  the  plan  of  weekly  worshipful  offerings,  "  as  God  has  pros- 
pered," commended  in  the  newly  adopted  chapter  of  our  Directory  for 
Worship,  be  urged  upon  the  earnest  practical  attention  of  all  our  minis- 
ters and  Sessions. 

2.  That  the  system  of  individual  pledges  either  to  the  general  benefi- 


OF   THE    WORSHIP    OF    GOD    BY    OFFERINGS.  841 

cences  of  the  Church,  or  to  the  work  of  any  special  Board,  be  favored 
as  superior  both  iu  principle  and  practice  to  any  mode  of  sporadic  con- 
tribution. 

3.  That  every  Presbytery  be  charged  to  press  towards  an  adequate 
beneficence,  any  of  its  churches  that  are  manifestly  lagging  behind  their 
duty  and  ability;  also  to  encourage  every  church  towards  an  improve- 
ment every  year  upon  its  own  previous  giving. 

4.  That  inasmuch  as  this  General  Assembly  has  recommended  the 
churches  to  raise  definite  and  largely  increased  amounts  for  several  of 
the  Boards,  the  Session  of  each  church  be  urged  to  calculate  what  pro- 
portionate increase  in  their  contributions  is  necessary  to  comply  with  this 
recommendation  and  that  they  endeavor  earnestly  to  raise  that  sum. 

5.  That  this  Assembly  reiterate  the  instructions  of  its  predecessors  to 
all  Synods  and  Presbyteries  within  our  bounds,  that  they  appoint  and 
maintain  efficient  Committees  on  Beneficence  who  shall  report  to  and 
cooperate  with  the  Assembly's  Committee. 

6.  That  Presbyteries  and  churches  be  recommended  to  hold  services  at 
convenient  periods  each  year  at  which  pastors  may  call  to  their  aid  elders 
and  lay  members  to  testify,  out  of  their  own  knowledge  and  experience, 
to  the  benefits  and  blessings  of  systematic  principled  giving  to  the  Lord. 
Adopted.— 1887,  p.  121. 

[Note.— See  also  Minutes,  1888,  pp.  127,  128  ;  1889,  p.  67  ;  1890,  p.  78.] 

2.    Inquiry  to  be  made  by  Presbytery  as  to  compliance  with  the 
recommendations  of  the  Assembly. 

This  Assembly  reiterates  the  recommendation  of  the  General  Assem- 
bly of  1890:  "  That  Presbyteries  be  advised  to  call  their  churches  annu- 
ally to  account,  at  some  regular  meeting,  in  reference  to  their  com- 
pliance with  the  recommendations  of  the  Assembly." — 1892,  p.  195. 

3.    Plan  for  securing  pledges  and  contributions  from  each  member 
of  each  congregation. 

The  Committee  on  Benevolence  have  been  entrusted  with  an  overture 
from  the  Presbytery  of  Redstone,  setting  forth  an  excellent  and  elaborate 
plan  for  securing  pledges  and  contributions  from  each  member  of  each 
congregation.  The  Committee  consider  that  they  would  transcend  the 
province  of  the  work  assigned  to  th<3m  should  they  formulate  and  advo- 
cate any  specific  mode  in  which  this  important  matter  should  be  adopted 
in  each  Presbytery  and  church. 

A  certain  flexibility  of  method  must  be  allowed  for  varying  needs 
under  differing  conditions. 

There  are  certain  general  lines,  however,  within  which  it  would  appear 
the  plan  may  be  included.  There  are  certain  aims  which  may  be  indi- 
cated together  with  certain  evils  which  should  be  avoided. 

From  our  excellent  sixth  chapter  of  the  Directory  for  Worship  and 
from  the  deliverances  of  late  Assemblies  we  may  note  these  charac- 
teristics : 

1.  A  stated  offering  on  each  Lord's  day  for  the  proclamation  of  the 
Gospel  to  all  the  world  and  to  every  creature.  This  need  not  be  the 
Board  of  Foreign  Missions  exclusively,  but  it  is  evidently  not  intended 
to  signify  the  local  church  exclusively  or  mainly. 

2.  An  offering  annually  or  more  frequently  from  each  church  to  each 
of  our  regular  Boards.     The  Committee  consider  that  the  main  responsi- 


842  DIRECTORY    FOR    WORSHIP,    CHAP.    VI. 

bility  for  this  offering  rests  on  the  Session  of  the  church  and  the  Presby- 
terial  Committee  on  Systematic  Beneficence. 

3.  An  offering  from  each  regular  worshiper  in  the  local  church  to 
each  cause  that  is  presented.  Responsibility  for  this  offering  rests  on 
the  conscience  of  the  worshiper  and  the  energy  of  the  Session. 

4.  A  full  and  definite  presentation  to  each  church,  annually  or  more 
frequently,  of  the  work,  needs  and  hopes  of  the  various  Church  causes. 
Responsibility  for  which  presentation  rests  entirely  upon  the  minister  in 
charge. 

5.  A  plan  which  avoids  general  scrutiny  or  publicity  given  to  subscrip- 
tion lists. 

6.  A  plan  that  equalizes  as  far  as  practicable  the  offerings  according 
to  the  percentages  of  the  recommendations,  to  the  Boards,  by  the  Gen- 
eral Assembly. 

7.  A  plan  that  prevents  the  unnecessary  and  vexatious  delay  in  the 
return  of  the  offerings  to  the  Boards  until  the  last  day  of  the  fiscal  year. 

8.  A  plan  that  will  be  effectual  on  stormy  Sabbaths. — 1896,  pp. 
88,  89. 

4.    Collections  ordered  must  be  taken. 

In  the  matter  of  collections  ordered  by  a  higher  judicatory,  such  as 
the  General  Assembly,  "  it  is  inconsistent  \vith  our  Church  government 
to  be  under  the  check  or  prohibition  of  a  church  Session ;  they  indeed 
may  give  or  withhold  their  charity,  but  may  not  prevent  a  minister  to 
propose  it  publicly  according  to  our  appointment. — 1755,  p.  215. 

5.    Proportionate  giving. 

The  General  Assembly  recommends,  "  that  it  be  the  unwearied  effort 
of  all  elders  of  our  churches  to  secure  a  general  acceptance  of  the  prin- 
ciple and  adoption  of  the  practice  of  proportionate  giving." — 1889, 
p.  68. 

6.    Individual  pledges. 

That  the  system  of  individual  pledges,  either  to  the  general  beneficence 
of  the  Church,  or  to  the  work  of  any  special  Board,  be  favored  as 
superior  both  in  principle  and  practice  to  any  mode  of  sporadic  contribu- 
tion.—1887,  p.  121. 

7.    Combination  of  collections  discouraged. 

This  Assembly  discouraged  the  practice  of  combining  the  offerings  for 
pure  benevolence  and  those  for  the  church's  current  expenses,  in  the 
same  collection,  as  injurious  to  both  causes;  nothing  in  this  is  to  be 
construed  against  individual  liberty  as  set  forth  in  Chap,  vi,  Sec.  iii, 
of  the  Directory  for  Worship. — 1887,  p.  122. 

8.    Fairs,  etc.,  discountenanced. 

That  the  Assembly  commends  most  highly  the  efforts  to  abolish  the 
makeshifts  of  fairs  and  suppers,  and  similar  unbiblical  and  secularizing 
expedients  for  fiUing  the  treasury  of  our  Lord. — 1893,  p.  122. 

9.    Money  value  of  boxes. 
The  money  value  of  boxes,  etc.,  is  properly  included  in  the  contribu- 
tions reported  in  the  appropriate  column. — 1893,  p.  114. 


OF   THE    WORSHIP    OF   GOD    BY   OFFERINGS.  843 

10.    Public  axinouncement  of  offerings. 

Sessions  are  "  advised  to  make  frequent  report  before  their  several 
churches  of  the  amount  contributed  in  their  benevolent  ofterings,  and  the 
disposition  made  of  the  same." — 1889,  p.  67. 

11.    Offerings  to  be  made  as  acts  of  worship. 

Resolved,  8.  That  the  General  Assembly  calls  the  especial  attention  of 
every  pastor  of  the  Church  to  Chap,  vi,  Directory  for  Worship,  to  the 
end  that  the  offerings  of  the  Church  may  be  made,  as  therein  provided, 
as  acts  of  worship. — 1894,  p.  148. 

III.  The  offerings  received  may  be  apportioned  among  the  Boards  of 
the  Church  and  among  other  benevolent  and  Christian  objects,  under  the 
supervision  of  the  church  Session,  in  such  proportion  and  upon  such 
general  plan  as  may  from  time  to  time  be  determined;  but  the  specific 
designation  by  the  giver  of  any  offering  to  any  given  cause  or  causes 
shall  always  be  respected  and  the  will  of  the  donor  carefully  carried  out. 

1.    Schedule  for  contributions. 

After  conference  with  representatives  of  several  of  the  Boards  of  the 
Church,  the  Committee  recommends: 

1.  That  the  schedule  of  distribution  of  the  offerings  of  the  churches 
be  hereafter  applied  to  the  entire  contributions  of  the  Church,  and  not 
as  heretofore  confined  to  the  undesignated  balances. 

2.  That  the  schedule  be  fixed  as  follows: 
Foreign  Missions,  33  per  cent. 

Home  Missions,  31  per  cent. 
Church  Erection,  6  per  cent. 
Sabbath- school  Work,  6  per  cent. 
Freedmen,  6  per  cent. 
Education,  6  per  cent. 
Ministerial  Relief,  6  per  cent. 
Aid  for  Colleges,  6  per  cent. 
Adopted.— 1895,  p.  103;  1896,  p.  90. 

2.    Designated  months  for  the  Boards. 

For  churches  that  have  not  yet  adopted  the  scheme  of  weekly  offerings 
set  forth  in  the  Directory  for  Worship,  Chap,  vi,  it  is  recommended  that 
the  first  Lord's  days  of  the  following  months  be  set  apart  for  contribu- 
tions to  the  Boards: 


1. 

Home  Missions, 

Whenever  deemed  advisable, 

2. 

Foreign  Missions, 

Januaiy. 

3. 

Aid  for  Colleges, 

February. 

4. 

Sabbath -school  Work, 

May. 

5. 

Church  Erection, 

July. 

6. 

Ministerial  Relief, 

September. 

7. 

Education, 

October. 

8. 

Freedmen, 

December. 

IV.  It  is  the  duty  of  every  minister  to  cultivate  the  grace  of  liberal 
giving  in  his  congregation,  that  every  member  thereof  may  offer  accord- 
ing to  his  ability,  whether  it  be  much  or  little. 


844  DIRECTORY    FOR   WORSHIP,    CHAPS.    VI-VIII. 

1.    Ministers  to  furnisli  information. 

Every  minister  is  charged  to  keep  his  people  thoroughly  informed 
concerning  the  work  of  the  Boards,  and  the  demand  that  such  work  is 
making  upon  every  member. — 1887,  p.  122. 


CHAPTER  VII. 
OF  THE  PREACHING  OF  THE  WORD. 

I.  The  preaching  of  the  AVord  being  an  institution  of  God  for  the 
salvation  of  men,  great  attention  should  be  paid  to  the  manner  of 
performing  it.  Every  minister  ought  to  give  diligent  application  to  it ; 
and  endeavor  to  prove  himself  a  workman  that  needeth  not  to  be 
ashamed,  rightly  dividing  the  word  of  truth. 

1.    Reading  sermons. 

a.  It  is  further  enjoined  that  all  our  ministers  and  probationers  for- 
bear reading  their  sermons  from  the  pulpit,  if  they  can  conveniently. — • 
1761,  p.  309. 

b.  The  General  Assembly  has  reason  to  believe  that  the  practice  of 
reading  sermons  in  the  pulpit  is  greatly  on  the  increase  amongst  our  min- 
isters, and  being  decidedly  of  the  opinion  that  it  is  not  the  best  method 
of  preaching  the  Gospel,  it  hereby  recommends  the  discontinuance  of  the 
practice  as  far  as  possible,  and  earnestly  exhorts  our  younger  ministers  to 
adopt  a  different  method,  as  more  Scriptural  and  effective. — 1841,  p. 
448,  0.  S. 

C.  Whereas,  This  General  Assembly  has  reason  to  believe  that  the 
practice  of  reading  sermons  in  the  pulpit  is  on  the  increase  amongst  our 
ministers;  and  being  decidedly  of  opinion  that  it  is  not  the  most  effec- 
tive and  acceptable  method  of  preaching  the  Gospel ;  therefore, 

Resolved,  That  we  do  earnestly  repeat  the  recommendation  of  the 
Assembly  of  1841,  that  this  practice  be  discontinued  as  far  as  practica- 
ble; and  affectionately  exhort  our  younger  ministers  and  candidates  for 
the  ministry  to  adopt  a  different  method  as  more  Scriptural  and  effective, 
and  more  generally  acceptable  to  God's  people. — 1849,  p.  271,  O.  S. 

II.  The  subject  of  a  sermon  should  be  some  verse  or  verses  of  Scrip- 
ture: and  its  object,  to  explain,  defend  and  apply  some  part  of  the 
system  of  divine  truth;  or,  to  point  out  the  nature,  and  state  the  bounds 
and  obligation,  of  some  duty.  A  text  should  not  be  merely  a  motto, 
but  should  fairly  contain  the  doctrine  proposed  to  be  handled.  It  is 
proper  also  that  large  portions  of  Scripture  be  sometimes  expounded, 
and  particularly  improved,  for  the  instruction  of  the  people  in  the  mean- 
ing and  use  of  the  Sacred  Oracles. 

1.    Expository  preaching  commended. 

That  in  the  discharge  of  pastoral  duties  they  take  the  utmost  care  that 
the  Word  of  God  be  known  and  understood  by  the  people,  and  that  for 


OF    THE   ADMINISTRATION    OF    BAPTISM.  845 

this  purpose,  in  their  public  instructions,  the  practice  of  lecturing  on 
certain  portions  of  the  Scripture  be  not  laid  aside,  but  rather  revived 
and  increased. — 1799,  p.  182. 

III.  The  method  of  preaching  requires  much  study,  meditation,  and 
prayer.  Ministers  ought,  in  general,  to  prepare  their  sermons  with  care; 
and  not  to  indulge  themselves  in  loose,  extemporary  harangues;  nor 
to  serve  God  with  that  which  cost  them  naught.  They  ought,  however, 
to  keep  to  the  simplicity  of  the  Gospel :  expressing  themselves  in  lan- 
guage agreeable  to  Scripture,  and  level  to  the  understanding  of  the 
meanest  of  their  hearers;  carefully  avoiding  ostentation,  either  of  parts 
or  learning.  They  ought  also  to  adorn,  by  their  lives,  the  doctrine 
which  they  teach ;  and  to  be  examples  to  the  believers,  in  word,  in  con- 
versation, in  charity,  in  spirit,  in  faith,  in  purity. 

IV.  As  one  primary  design  of  public  ordinances  is  to  pay  social  acts 
of  homage  to  the  most  high  God,  ministers  ought  to  be  careful  not  to 
make  their  sermons  so  long  as  to  interfere  with  or  exclude  the  more 
important  duties  of  prayer  and  praise;  but  preserve  a  just  proportion 
between  the  several  parts  of  public  worship. 

V.  The  sermon  being  ended,  the  minister  is  to  pray,  and  return  thanks 
to  almighty  God:  then  let  a  psalm  be  sung,  and  the  assembly  dismissed 
with  the  apostolic  benediction. 

VI.  It  is  expedient  that  no  person  be  introduced  to  preach  in  any  of 
the  churches  under  our  care,  unless  by  the  consent  of  the  pastor  or 
church  session. 


CHAPTER  VIII. 
OF  THE  ADMINISTRATION  OF  BAPTISM. 

I.  Baptism  is  not  to  be  unnecessarily  delayed ;  nor  to  be  administered, 
in  any  case,  by  any  private  person ;  but  by  a  minister  of  Christ,  called 
to  be  the  steward  of  the  mysteries  of  God. 

1.    Age  of  infancy  not  determined. 

The  Committee  to  which  was  referred  the  question,  "At  what  age 
ought  children  to  be  considered  too  old  to  be  baptized  on  the  faith  of 
their  parents  ?  ' '  reported  the  following  answer ;  which,  being  read,  was 
adopted,  viz. : 

The  precise  time  of  life  when  the  state  of  infancy  ceases,  is  not  deter- 
mined in  the  Word  of  God,  nor  by  the  Standards  of  our  Church,  and, 
from  the  nature  of  the  case,  is  incapable  of  being  regulated  by  any 
uniform  rule,  but  should  be  left  to  the  judgment  of  ministers  and 
Sessions,  to  be  determined  according  to  the  particular  circumstances  of 
each  case.  The  Assembly,  therefore,  deem  it  inexpedient  to  attempt  to 
fix  the  precise  time  at  which  children  ought  to  be  considered  too  old  to 
be  baptized  on  the  faith  of  their  parents. — 1822,  p.  53. 


846  DIRECTORY    FOR    WORSHIP,    CHAP.    VIII. 

2.    Baptism  by  Unitarians,  Romish  baptism,  etc. 

[Note. — See  in  this  Digest,  pp.  104-107.] 

II.  It  is  usually  to  be  administered  ia  the  church,  in  the  presence  of 
the  congregation;  and  it  is  convenient  that  it  be  performed  immediately 
after  sermon. 

III.  After  previous  notice  is  given  to  the  minister,  the  child  to  be 
baptized  is  to  be  presented,  by  one  or  both  the  parents,  signifying  their 
desire  that  the  child  may  be  baptized. 

1.    Who  may  be  presented  for  baptism. 

a.  Not  only  those  that  do  actually  profess  faith  in  and  obedience  unto 
Christ,  but  also  the  infants  of  one  or  both  believing  parents  are  to  be 
baptized. — Confession  of  Faith,  Chap,  xxviii.  Sec.  iv. 

b.  Baptism  is  not  to  be  administered  to  any  that  are  out  of  the  visible 
Church,  and  so  strangers  from  the  covenant  of  promise,  till  they  profess 
their  faith  in  Christ  and  obedience  to  him ;  but  infants  descending  from 
parents,  either  both  or  but  one  of  them,  professing  faith  in  Christ  and 
obedience  to  Him,  are,  in  that  respect,  within  the  covenant,  and  are  to 
be  baptized. — Larger  Catechism,  Ques.  166;  Shorter  Catechism,  Ques. 
95. 

2.  The  duty  of  Christian  masters  to  have  their  servants  baptized,  etc. 

[Note. — See  in  this  Digest,  p.  108.] 

3.    Orphan  children  of  heathen  parents  in  the  care  of  our  missions. 

The  General  Assembly  of  the  Presbyterian  Church  in  the  United 
States  of  America  to  the  Presbytery  of  Lodiana: 

Dear  Brethren : — You  have  submitted  to  us  questions  respecting  a 
subject  which  we  have  no  doubt  is  one  of  very  great  importance  in 
regard  to  the  progress  of  religion  among  the  heathen.  We  have  seri- 
ously considered  it,  and  give  you  here  the  result  of  our  deliberations. 

You  present  to  us  three  questions,  to  which  we  reply  in  the  order  in 
which  the  same  are  presented. 

a.  1.  Are  all  orphan  children  of  heathen  parents,  committed  to  the 
care  of  our  missions,  entitled  to  the  benefits  of  the  ordinance  of  baptism 
without  respect  to  their  ages  ? 

We  reply,  certainly  they  are  not. 

You  must  make  the  same  distinction  that  you  would  make  if  their 
parents  were  alive  and  members  of  the  Christian  Church,  and  desiring  to 
have  them  baptized,  the  same  distinction  which  is  made  in  Christian 
countries.  We  add,  let  those  children  only  be  baptized  in  every  case 
who  are  so  committed  to  the  missions  or  other  Christian  tuition,  as  to 
secure  effectually  their  entire  religious  education.  On  this  point  great 
caution  is  necessary. 

b.  2.  You  ask  (on  the  presumption  that  the  preceding  question  is 
answered  in  the  negative),  Are  those  only  to  be  baptized  who  have  not 
attained  to  years  of  discretion  ? 

This  question  we  answer  in  the  affirmative. 

e.  3.  Your  third  question  is  in  substance  as  follows :  If  those  only  who 
have  not  attained  to  years  of  discretion  are  to  be  baptized,  at  what  age 


OF   THE    ADMINISTRATION    OF    BAPTISM.  847 

shall  the  federal  right  be  supposed  to  cease  and  personal  responsibility  to 
commence  ? 

Although  it  is  not  difficult  to  answer  this  question  in  accordance  with 
the  Standards  and  the  practice  of  the  Presbyterian  Church,  yet  the  rule 
may  frequently  be  found  difficult  of  application.  Our  answer  to  the 
question,  however,  is : 

The  officers  of  the  Church  must  judge  in  each  particular  case  whether 
the  proposed  subject  of  baptism  has  arrived  at  years  of  discretion  or  not. 
We  can  adopt  no  other  rule  in  our  own  practice,  and  we  can  recommend 
no  other  to  you.  We  refer  you  to  Chap,  x,  Sec.  ii,  of  our  Directory  for 
Worship.  If  the  person  proposed  to  be  baptized  has  acquired  that  matu- 
rity of  mind  which  renders  him  capable  of  making  an  intelligent  profes- 
sion of  religion  himself,  he  ought  not  to  be  baptized  on  the  faith  of 
another.  Our  Confession  of  Faith  recognizes  the  right  to  baptism  of 
the  infant  children  only  of  such  parents  as  are  members  of  the  Church. 
We  do  not  doubt  that  in  heathen  countries  children  of  heathen  parents 
ordinarily  arrive  at  what  are  called  years  of  discretion  later  than  those 
who  enjoy  the  advantages  of  Christian  instruction  in  early  life;  but  in  a 
country  where  the  religion  of  all  consists  in  forms  and  ceremonies,  great 
care  should  be  taken  that  the  Christian  religion  does  not  even  appear  to 
partake  of  the  formality  and  emptiness  of  Mohammedanism  and  Pagan- 
ism.—1843,  p.  179,  O.  S. 

IV.  Before  Baptism,  let  the  minister  use  some  words  of  instruction, 
respecting  the  institution,  nature,  use,  and  ends  of  this  ordinance; 
showing, 

' '  That  it  is  instituted  by  Christ ;  that  it  is  a  seal  of  the  righteousness 
"  of  faith:  that  the  seed  of  the  faithful  have  no  less  a  right  to  this  ordi- 
"  nance,  under  the  gospel,  than  the  seed  of  Abraham  to  circumcision, 
"  under  the  Old  Testament;  that  Christ  commanded  all  nations  to  be 
' '  baptized ;  that  he  blessed  little  children,  declaring  that  of  such  is  the 
"kingdom  of  heaven;  that  children  are  federally  holy,  and  therefore 
"  ought  to  be  baptized;  that  we  are,  by  nature,  sinful,  guilty,  and  pol- 
"  luted,  and  have  need  of  cleansing  by  the  blood  of  Christ,  and  by  the 
"  sanctifying  influences  of  the  Spirit  of  God." 

The  minister  is  also  to  exhort  the  parents  to  the  careful  performance 
of  their  duty :  requiring, 

' '  That  they  teach  the  child  to  read  the  Word  of  God ;  that  they 
"  instruct  it  in  the  principles  of  our  holy  religion,  as  contained  in  the 
"Scriptures  of  the  Old  and  New  Testament;  an  excellent  summary  of 
"  which  we  have  in  the  Confession  of  Faith  of  this  Church,  and  in  the 
"  Larger  and  Shorter  Catechisms  of  the  Westminster  Assembly,  which 
"  are  to  be  recommended  to  them,  as  adopted  by  this  Church,  for  their 
"  direction  and  assistance,  in  the  discharge  of  this  important  duty;  that 
"  they  pray  with  and  for  it;  that  they  set  an  example  of  piety  and 
"  godliness  before  it,  and  endeavor,  by  all  the  means  of  God's  appoint- 
"  ment,  to  bring  up  their  child  in  the  nurture  and  admonition  of  the 
"Lord." 


848  DIRECTORY    FOR   WORSHIP,    CHAPS.    VIII-IX, 

1.    Obligations  and  qualifications  of  parents. 

a.  The  Synod  do  also  exhort  all  the  ministers  within  our  bounds  to  take 
due  care  in  the  examination  of  all  candidates  for  baptism,  or  that  offer 
to  dedicate  their  children  to  God  in  that  sacred  ordinance,  that  they  are 
persons  of  a  regular  life,  and  have  suitable  acquaintance  with  the  princi- 
ples of  the  Christian  religion ;  that  that  seal  be  not  set  to  a  blank,  and 
that  such  be  not  admitted  to  visible  church  relation  that  are  manifestly 
unfit  for  it. — 1735,  p.  115. 

b.  That  previously  to  the  administration  of  baptism,  the  minister  shall 
inquire  into  the  parents'  knowledge  of  the  great  and  fundamental  doc- 
trines of  the  Gospel,  and  the  regularity  of  their  lives;  and  being  satisfied 
so  as  to  admit  them,  shall,  in  public,  point  out  the  special  duties  of  the 
parents,  and  particularly  that  they  teach  their  children  the  doctrines  and 
precepts  of  Christianity,  contained  in  the  Scriptures  of  the  Old  and  New 
Testaments,  and  comprised  in  the  Westminster  Confession  of  Faith  and 
Catechisms,  which  therefore  he  shall  recommend  unto  them. — 1755,  p. 
267. 

C.  The  following  reference  from  the  Synod  of  Philadelphia  was  laid 
before  the  Assembly:  As  baptism  is  to  be  administered  to  the  infants  of 
those  who  are  members  of  the  visible  Church  (but  our  Directory  leaves 
the  description  of  the  visible  and  credible  profession  of  Christianity 
vague  and  indefinite),  it  is  humbly  proposed  to  the  Assembly  to  give  some 
precise  direction  and  definition  of  such  a  profession  for  the  information 
of  its  ministers.  In  answer  to  the  above  reference,  the  Assembly  judged 
it  unnecessary,  and  perhaps  impracticable,  to  deliver  rules  more  explicit 
than  those  contained  in  the  Standards  of  our  Church;  but  should  cases 
of  difficulty  arise,  they  must  be  decided  respectively,  according  to  their 
own  merits,  before  the  proper  judicatories. — 1794,  p.  91. 

d.  Our  Confession  of  Faith  recognizes  the  right  to  baptism  of  the 
infant  children  only  of  such  parents  as  are  members  of  the  Church. — 
1843,  p.  180,  O.  S. 

2.    Parents  required  to  enter  into  engagements. 

The  following  question,  through  the  Committee  of  Overtures,  was 
read,  viz. : 

Whether,  besides  requiring  of  parents  dedicating  their  children  to  God 
in  baptism,  an  express  acknowledgment  of  the  duties  of  parents,  and 
recommending  to  them  the  observance  thereof,  it  should  be  considered 
as  essential  to  require  that  they  come  under  an  explicit  vow  or  solemn 
engagement  also  to  perform  those  duties  ?  whereupon  the  Assembly 

Resolved,  That  an  answer  to  this  question  is  contained  in  the  Directory 
for  Public  Worship  of  this  Church,  under  the  head  of  the  Administra- 
tion of  Baptism,  which  requires  an  express  engagement  upon  the  part  of 
parents. — 1794,  p.  89. 

3.  Instruction  to  be  given  and  discipline  urged  for  neglect. 
The  Committee  on  Polity  reported  an  overture  from  the  Presbytery  of 
West  Virginia,  asking  the  Assembly  to  appoint  a  day  of  fasting,  humilia- 
tion and  prayer,  and  to  take  further  action,  in  view  of  the  alleged 
general  and  extensive  neglect,  on  the  part  of  church  members,  of  pre- 
senting their  infant  children  for  baptism. 

The  Committee  recommended  the  following  in  answer : 

The  Assembly  cannot  regard  an  extensive  neglect  of  this  important 


OF   THE    ADMINISTRATION    OF   THE    LORD'S   SUPPER.  849 

ordinauce  to  be  as  general  as  is  alleged  iu  the  overture ;  it  admits,  how- 
ever, that  there  may  be  cousiderable,  and  even  extensive,  neglect  in 
certain  sections  of  the  Church.  Nevertheless,  in  view  of  the  vital 
importance  of  the  subject,  it  adopts,  with  some  modification,  one  of  the 
suggestions  of  the  overture,  namely,  that  our  Sessions  and  Presbyteries 
be  enjoined  to  make  careful  inquiry  in  regard  to  the  matter;  that  they 
see  to  it  that  their  pastors  carefully  instruct  their  churches  on  this  sub- 
ject; and  also  that  Sessions  be  directed  to  exercise  proper  discipline  when 
neglect  exists  and  is  persisted  in.     Adopted. — 1886,  p.  38. 

V.  Then  the  minister  is  to  pray  for  a  blessing  to  attend,  this  ordi- 
nance; after  which,  calling  the  child  by  its  name,  he  shall  say, 

"  I  baptize  thee,  in  the  name  of  the  Father,  and  of  the  Son,  and  of 
"the  Holy  Ghost." 

As  he  pronounces  these  words,  he  is  to  baptize  the  child  with  water, 
by  pouring  or  sprinkling  it  on  the  face  of  the  child,  without  adding  any 
other  ceremony:  and  the  whole  shall  be  concluded  with  prayer. 

Although  it  is  proper  that  Baptism  be  administered  in  the  presence  of 
the  congregation:  yet  there  may  be  cases  when  it  will  be  expedient  to 
administer  this  ordinance  in  private  houses;  of  which  the  minister  is  to 
be  the  judge. 

1.    Mode  of  baptism. 

[Note. — See  in  this  Digest,  Confession,  Chap,  xxviii,  Sec.  iii,  p.  107.] 


CHAPTER  IX. 
OF  THE  ADMINISTRATION  OF  THE  LORD'S  SUPPER. 

1.  The  Communion,  or  Supper  of  the  Lord,  is  to  be  celebrated 
frequently ;  but  how  often,  may  be  determined  by  the  minister  and  elder- 
ship of  each  congregation,  as  they  may  judge  most  for  edification. 

1.    Where  there  is  no  church  organized. 

It  was  moved  that  the  restriction  laid  by  the  last  General  Assembly 
on  our  missionaries,  which  confines  them  to  administer  the  ordinance  of 
the  Lord's  Supper  in  such  places  only  where  there  are  church  officers 
regularly  appointed,  be  repealed,  and  it  is  hereby  repealed  accordingly. 
—1798,  p.  146. 

2.  Not  usually  in  the  bounds  of  a  congregation  without  consent. 

While  the  Assembly,  as  a  general  principle,  disapprove  of  the  admin- 
istration of  the  sacraments,  by  one  of  their  ministers,  within  the  bounds 
of  a  congregation  with  which  he  is  not  connected,  without  the  consent  of 
the  minister  and  Session  of  said  congregation ;  yet  under  the  peculiar 
local  circumstances  of  the  people  among  which  Mr.  Maccalla  occasionally 
administered  ordinances,  the  Assembly  cannot  decide  that  he  deserves 
censure.     Therefore, 

Resolved,  That  the  decision  of  the  Synod  of  Kentucky,  affirming  a 
decision  of  the  Presbytery  of  Ebenezer  in  regard  to  the  complaint  of  the 
54 


850  DIRECTORY    FOR   WORSHIP,    CHAP.    IX. 

Rev.  Mr.  Dobbins,  against  the  Rev.  Mr.  Maccalla,  be,  and  it  hereby  is 
affirmed. — 1824,  p.  124. 

3.    Where  a  minister  may  statedly  preach  he  may  administer 

the  Lord's  Supper. 

The  Judicial  Commission  appointed   to  hear  and  try  an  appeal  and 

complaint  of  the   church  and   congregation   of  Mifflinburg  against  the 

action  of  the  Synod  of    Philadelphia,  on  the  appeal  and  complaint  of 

the  Rev.  Isaac  Grier,  D.  D. ,  beg  leave  to  report : 

That  they  have  issued  the  case  pro  forma,  according  to  the  directions 
of  the  Book  of  Discipline  in  the  case  of  appeals  and  complaints,  and 
after  a  full  hearing,  do  unanimously  adjudge: 

1 .  That  the  decision  of  the  Synod  of  Philadelphia,  affirming  the  right 
of  Rev.  Mr,  Grier  to  preach  in  Mifflinburg  to  the  people  of  his  charge, 
be  approved  and  coutirmed. 

2.  That  the  restriction  preventing  him  from  administering  the  Lord's 
Supper  in  Mifflinburg,  except  under  extraordinary  circumstances,  be 
removed. — 1870,  p.  31. 

4.  Administered  in  a  private  house  in  sickness. 

Overture  No.  12,  from  the  Central  Presbytery  of  Philadelphia,  asking 
the  Assembly  to  decide  whether,  in  no  case  of  sickness  or  of  conversion, 
however  peculiar,  the  Session  of  the  church  is  not  at  liberty  to  adminis- 
ter the  Lord's  Supper  in  a  private  house. 

The  Committee  recommend  the  following  minute: 

The  Standards  of  our  Church  are  clear  in  their  teaching,  that  the 
Lord's  Supper  is  not  to  be  received  by  any  one  alone,  yet,  in  cases  of 
protracted  sickness  or  approaching  death,  when  the  desire  is  very  strongly 
urged  by  a  member  of  the  Church,  to  enjoy  the  administration  of  the 
Lord's  Supper,  a  pastor,  having  duly  admonished  the  applicant  that  such 
ordinance,  however  a  source  of  spiritual  comfort,  is  not,  in  such  cases, 
an  imperative  duty,  or  indispensable  to  salvation,  may,  with  a  member  of 
his  Session,  and  such  communicants  as  may  appropriately  be  permitted 
to  partake  in  such  solemnity,  proceed  to  administer  this  sacrament — a 
minute  of  every  such  act  to  be  entered  on  the  records  of  Session. 

The  recommendation  was  adopted. — 1863,  p.  37,  O.  S. 

II.  The  ignorant  and  scandalous  are  not  to  be  admitted  to  the  Lord's 
Supper. 

III.  It  is  proper  that  public  notice  should  be  given  to  the  congrega- 
tion, at  least  the  Sabbath  before  the  administration  of  this  ordinance, 
and  that,  either  then,  or  on  some  day  of  the  week,  the  people  be 
instructed  in  its  nature,  and  a  due  preparation  for  it;  that  all  may  come 
in  a  suitable  manner  to  this  holy  feast. 

IV.  When  the  sermon  is  ended,  the  minister  shall  show, 

"  That  this  is  an  ordinance  of  Christ;  by  reading  the  words  of  institu- 
* '  tion,  either  from  one  of  the  evangelists,  or  from  1  Cor.  xi  chapter ; 
"which,  as  to  him  may  appear  expedient,  he  may  explain  and  apply; 
"  that  it  is  to  be  observed  in  remembrance  of  Christ,  to  show  forth  his 
"  death  till  become;  that  it  is  of  inestimable  benefit  to  strengthen  his 
♦'  people  against  sin;  to  support  them  under  troubles;  to  encourage  and 


OF    THE   ADMINISTRATION    OF    THE    LORD's   SUPPER.  851 

"  quicken  them  in  duty;  to  inspire  them  with  love  and  zeal;  to  increase 
* '  their  faith,  and  holy  resolution ;  and  to  beget  peace  of  conscience,  and 
* '  comfortable  hopes  of  eternal  life. ' ' 

He  is  to  warn  the  profane,  the  ignorant,  and  scandalous,  and  those 
that  secretly  indulge  themselves  in  any  known  sin,  not  to  approach  the 
Holy  Table.  On  the  other  hand,  he  shall  invite  to  this  Holy  Table, 
such  as,  sensible  of  their  lost  and  helpless  state  of  sin,  depend  upon  the 
atonement  of  Christ  for  pardon  and  acceptance  with  God ;  such  as, 
being  instructed  in  the  gospel  doctrine,  have  a  competent  knowledge  to 
discern  the  Lord's  body;  and  such  as  desire  to  renounce  their  sins,  and 
are  determined  to  lead  a  holy  and  godly  life. 

1.    The  ignorant  or  scandalous  excluded. 

Such  as  are  found  to  be  ignorant  or  scandalous,  notwithstanding  their 
profession  of  the  faith,  and  desire  to  come  to  the  Lord's  Supper,  may 
and  ought  to  be  kept  from  that  sacrament  by  the  power  which  Christ 
hath  left  in  His  Church,  until  they  receive  instruction,  and  manifest 
their  reformation. — Larger  Catechism,  Ques.  173. 

2.  Not  the  custom  to  invite  those  who  have  not  professed  Christ. 
Overture  No.  42,  asking  if  it  accords  with  the  spirit  and  usage  of  the 
Presbyterian  Church,  to  invite  pei'sons,  believers,  not  members  of  any 
evangelical  Church,  to  partake  of  the  Lord's  Supper.  The  Committee 
recommend  the  reply,  that  '  •  it  is  not  in  accordance  with  the  spirit  and 
usage  of  the  Presbyterian  Church  to  extend  such  invitations."  Adopted. 
—1872,  p.  75. 

3.    Church  membership  is  implied  in  the  invitation  to  commune. 

Overture  from  the  Presbytery  of  Rochester,  asking  the  question: 
*'  Does  it  comport  with  the  Standards  and  the  usage  of  the  Presbyterian 
Church  to  invite  persons  to  the  Lord's  Supper  who  are  not  connected 
with  any  branch  of  the  visible  Church  ?"  The  Committee  recommend 
the  following  answer:  That,  according  to  the  action  of  the  General 
Assembly  of  1872  (p.  75),  it  is  not  in  accordance  with  the  spirit  of  the 
Presbyterian  Church  to  extend  such  an  invitation.  "  The  language  of 
the  Book  (Directory  for  Worship,  Chap,  viii  [now  Chap,  ix].  Sec.  iv), 
relied  upon  by  some  to  authorize  indiscriminate  communion,  is  not  cor- 
rectly interpreted  by  them.  Although,  in  describing  the  persons  there 
invited  to  the  Lord's  table,  church  membership  is  not  expressed,  it  is 
clearly  implied."     Adopted.— 1876,  p.  79. 

4.    Baptism  with  water  is  essential  to  communion  in  the 
Presbyterian  Church. 

Overture  from  the  Presbytery  of  North  Texas,  asking:  1.  Can  one 
be  admitted  to  membership  in  the  Presbyterian  Church  who  has  not 
received  water  baptism  in  any  mode,  and  who  does  not  believe  in  other 
baptism  than  the  baptism  of  the  Holy  Ghost  ?  2.  If  not,  can  such 
persons — e.  g.,  Quakers— be  invited  to  the  Lord's  table  ? 

Your  Committee  most  respectfully  answer  the  first  question  in  the 
negative.  And,  as  an  answer  to  the  second  question,  would  refer  the  Pres- 
bytery to  the  Directory  of  Worship,  Chap,  viii  [ix] ,  Sec.  iv,  in  regard 
to  the  proper  qualifications  of  communicants.     Adopted. — 1883,  p.  627. 


852  DIRECTORY    FOR    WORSHIP,    CHAP.    IX. 

5.  Communicants'  classes  commended. 
To  secure  intelligent  confession  of  Christ  at  His  table,  it  is  desirable 
that  there  be  something  of  the  nature  of  a  communicants'  class  in  each 
congregation,  duly  made  known  from  the  pulpit,  conducted  by  the 
pastor,  or,  in  exceptional  cases,  by  a  competent  member  of  the  church. 
This  class  should  be,  if  not  continuous,  for,  say,  a  month  before  each 
communion  season;  it  should  be  so  conducted  as  to  elicit  free  statements 
of  belief  and  experience  of  religious  truth  and  devotional  feelings. — 
1889,  p.  63. 

V.  The  table,  on  which  the  elements  are  placed,  being  decently  cov- 
ered, the  bread  in  convenient  dishes,  and  the  wine  in  cups,  and  the 
communicants  orderly  and  gravely  sitting  around  the  table  (or  in  their 
seats  before  it, )  in  the  presence  of  the  minister ;  let  him  set  the  elements 
apart,  by  prayer  and  thanksgiving. 

The  bread  and  wine  being  thus  set  apai't  by  prayer  and  thanksgiving, 
the  minister  is  to  take  the  bread,  and  break  it,  in  the  view  of  the  people, 
saying,  in  expressions  of  this  sort : 

"  Our  Lord  Jesus  Christ,  on  the  same  night  in  which  he  was  betrayed, 
"  having  taken  bread,  and  blessed  and  broken  it,  gave  it  to  his  disciples; 
"  as  I,  ministering  in  his  name,  give  this  bread  unto  you ;  saying,  [here 
"  the  bread  is  to  be  distributed]  Take,  eat:  this  is  my  body,  which  is 
' '  broken  for  you  :  this  do  in  remembrance  of  me. ' ' 

After  having  given  the  bread,  he  shall  take  the  cup,  and  say — 

"  After  the  same  manner  our  Saviour  also  took  the  cup;  and  having 
* '  given  thanks,  as  hath  been  done  in  his  name,  he  gave  it  to  the  disci- 
•'  pies;  saying,  [while  the  minister  is  repeating  these  words  let  him  give 
* '  the  cup]  This  cup  is  the  new  testament  in  my  blood,  which  is  shed  for 
"  many,  for  the  remission  of  sins:  drink  ye  all  of  it." 

The  minister  himself  is  to  communicate,  at  such  time  as  may  appear  to 
him  most  convenient. 

The  minister  may,  in  a  few  words,  put  the  communicants  in  mind — 

"  Of  the  grace  of  God,  in  Jesus  Christ,  held  forth  in  this  Sacrament; 
"and  of  their  obligation  to  be  the  Lord's;  and  may  exhort  them  to 
"  walk  worthy  of  the  vocation  wherewith  they  are  called;  and,  as  they 
"  have  professedly  received  Christ  Jesus  the  Lord,  that  they  be  careful 
"  so  to  walk  in  him,  and  to  maintain  good  works. ' ' 

It  may  not  be  improper  for  the  minister  to  give  a  word  of  exhortation 
also  to  those  who  have  been  only  spectators,  reminding  them — 

"  Of  their  duty;  stating  their  sin  and  danger,  by  living  in  disobedi- 
"  ence  to  Christ,  in  neglecting  this  holy  ordinance;  and  calling  upon 
' '  them  to  be  earnest  in  making  preparation  for  attending  upon  it,  at  the 
* '  next  time  of  its  celebration. ' ' 

Then  the  minister  is  to  pray,  and  give  thanks,  to  God, 

"  For  his  rich  mercy,  and  invaluable  goodness,  vouchsafed  to  them  in 
"  that  sacred  communion;  to  implore  pardon  for  the  defects  of  the  whole 


OF   THE   ADMINISTRATION    OF   THE    LORD's   SUPPER.  853 

**  service;  and  to  pray  for  the  acceptance  of  their  persons  and  perform- 
* '  ances ;  for  the  gracious  assistance  of  the  Holy  Spirit,  to  enable  them, 
* '  as  they  have  received  Christ  Jesus  the  Lord,  so  to  walk  in  him ;  that 
**  they  may  hold  fast  that  which  they  have  received,  that  no  man  take 
' '  their  crown ;  that  their  conversation  may  be  as  becometh  the  gospel ; 
*'  that  they  may  bear  about  with  them,  continually,  the  dying  of  the 
*'  Lord  Jesus,  that  the  life  also  of  Jesus  may  be  manifested  in  their  mor- 
"  tal  body;  that  their  light  may  so  shine  before  men,  that  others,  seeing 
"  their  good  works,  may  glorify  their  Fathei-  who  is  in  heaven." 

The  collection  for  the  poor,  and  to  defray  the  expense  of  the  elements, 
may  be  made  after  this ;  or  at  such  other  time  as  may  seem  meet  to  the 
eldership. 

Now  let  a  psalm  or  hymn  be  sung,  and  the  congregation  dismissed, 
with  the  following  or  some  other  gospel  benediction  : 

"  Now  the  God  of  peace,  that  brought  again  from  the  dead  our  Lord 
"  Jesus,  that  great  Shepherd  of  the  sheep,  through  the  blood  of  the 
* '  everlasting  covenant,  make  you  perfect  in  every  good  work  to  do  his 
^'  will,  working  in  you  that  which  is  well -pleasing  in  his  sight,  through 
* '  Jesus  Christ ;  to  whom  be  glory  for  ever  and  ever.      Ame7i. ' ' 

1.    Communion  wine,  the  purest  attainable  to  be  used. 

a.  A  memorial  from  several  Presbyteries  on  communion  wine.  Your 
Committee  recommend  the  following  answer:  That  the  control  of  this 
matter  be  left  to  the  Sessions  of  the  several  churches,  with  the  earnest 
recommendation  that  the  purest  wine  attainable  be  used.  Adopted. — 
1877,  p.  542;  1885,  p.  685. 

b.  Asking  if  the  use  of  fermented  wine  is  necessary  to  the  proper 
observance  of  the  Lord's  Supper,  and  if  our  churches  are  at  liberty  to 
use  unfermented  wine  if  they  can  get  it.  Answer:  The  essential  ele- 
ments of  the  Lord' s  Supper  are  bread  and  wine.  The  General  Assembly 
has  always  recognized  the  right  of  each  church  Session  to  determine 
what  is  bread,  and  what  is  wine.  In  the  judgment  of  the  Assembly  no 
new  legislation  is  needed  on  this  subject.  Adopted. — 1881,  p.  548; 
1882,  p.  57. 

2.    Unfermented  fruit  of  the  vine  fulfils  every  condition. 

Resolved,  Whereas,  it  is  the  duty  of  the  Church  of  Jesus  Christ  to 
avoid  even  the  appearance  of  evil,  and  whereas  there  is  a  well-grounded 
belief  that  danger  lies  in  the  use  of  fermented  wine  at  the  communion 
table,  therefore  it  is  the  sense  of  this  Assembly  that  unfermented  fruit  of 
the  vine  fulfils  every  condition  in  the  celebration  of  the  sacrament. — 
1895,  p.  100. 

3.    Individual  communion  cups  not  approved. 

Overture  on  Individual  Communion  Cups,  from  the  Presbytery  of 
Winona.     The  following  answer  is  recommended : 

The  General  Assembly  sees  no  sufficient  reason  to  change  the  primitive 
and  historic  method  of  administering  the  Lord's  Supper,  by  the  intro- 
duction of  what  is  known  as   "  the  individual  communion  cup,"    and 


854  DIRECTORY    FOR    WORSHIP,    CHAP.    X. 

urges  upon  its   churches  not  to  make  this  change.     Adopted. — 1895, 
p.  75. 

4.    The  number  of  cups  left  to  the  discretion  of  the  Session. 

Overture  from  the  Presbytery  of  Philadelphia,  with  reference  to  the 
number  of  cups  to  be  used  in  celebrating  the  Lord's  Supper.  It  is 
reconunended  that  the  Assembly  answer  that, 

Whereas,  The  Directory  for  Worship,  Chap,  ix.  Sec.  v,  says,  "  The 
table  on  which  the  elements  are  placed,  being  decently  covered,  the 
bread  in  convenient  dishes,  and  the  wine  in  cups,  etc." — not  the  Avine 
in  a  cup,  but  "  the  wine  in  cups  " — therefore 

Resolved,  That  this  General  Assembly  leaves  the  matter  of  the  number 
of  cups  to  be  used  in  the  celebi*ation  of  the  Lord's  Supper  to  the  Sessions 
of  our  churches,  where  it  constitutionally  belongs.  Adopted. — 1896, 
p.  47. 

5.    No  rule  as  to  persons  to  aid  the  minister. 

Inasmuch  as  we  have  no  rule  in  relation  to  the  subject,  the  matter  is 
referred  to  the  discretion  of  the  Sessions  of  the  churches. — 1877,  p.  516. 

6.    Deacons  may  aid  in  the  distribution  of  the  elements. 

It  is  "  in  accordance  with  the  Presbyterian  law  and  usage  that  deacons 
distribute  to  the  church  members  the  bread  and  wine  in  the  sacrament 
of  the  Lord's  Supper."— 1874,  p.  84. 

VI.  As  it  has  been  customary,  in  some  parts  of  our  Church,  to 
observe  a  fast  before  the  Lord' s  Supper ;  to  have  a  sermon  on  Saturday 
and  Monday;  and  to  invite  two  or  three  ministers  on  such  occasions;  and 
as  these  seasons  have  been  blessed  to  many  souls,  and  may  tend  to  keep 
up  a  stricter  union  of  ministers  and  congregations;  we  think  it  not 
improper  that  they  who  choose  it  may  continue  in  this  practice. 


CHAPTER  X. 


OF  THE  ADMISSION  OF  PERSONS  TO  SEALING 
ORDINANCES. 

I.  Children,  born  within  the  pale  of  the  visible  Church,  and  dedicated 
to  God  in  baptism,  are  under  the  inspection  and  government  of  the 
Church ;  and  are  to  be  taught  to  read  and  repeat  the  Catechism,  the 
Apostles'  Creed,  and  the  Lord's  Prayer.  They  are  to  be  taught  to  pray, 
to  abhor  sin,  to  fear  God,  and  to  obey  the  Lord  Jesus  Christ.  And, 
when  they  come  to  years  of  discretion,  if  they  be  free  from  scandal, 
appear  sober  and  steady,  and  to  have  sufficient  knowledge  to  discern  the 
Lord' s  body,  they  ought  to  be  informed  it  is  their  duty  and  their  privi- 
lege to  come  to  the  Lord's  Supper. 

[Note.— See  also  Book  of  Discipline,  Chap,  i,  Sec.  v,  p.  634.] 


OF   THE   ADMISSION   OF    PERSONS   TO   SEALING    ORDINANCES.       855 

1.    Pastoral  care  over  baptized  children. 

a.  Whereas,  The  Book  of  Discipline  states  that  children  born  within 
the  pale  of  the  visible  Church,  and  dedicated  to  God  in  baptism,  are 
under  the  inspection  and  government  of  the  Church,  and  specifies  vari- 
ous important  particulars  in  which  that  inspection  and  government  should 
be  exercised,  as  also  directs  the  mode  in  which  they  shall  be  treated  if 
they  do  not  perform  the  duties  of  church  members;  and  whereas,  there 
is  reason  to  apprehend  that  many  of  our  congregations  neglect  to  cate- 
chise the  children  that  have  been  admitted  to  the  sealing  ordinance  of 
baptism,  and  do  not  exercise  suitable  discipline  over  them;  therefore. 

Resolved,  That  the  different  Presbyteries  within  our  bounds  are  hereby 
directed  to  inquire  of  the  different  Sessions  whether  a  proper  pastoral 
care  be  exercised  over  the  baptized  children  in  their  congregations,  that 
they  learn  the  principles  of  religion,  and  walk  in  newness  of  life  before 
God,  and  that  said  Presbyteries  do  direct  all  Sessions  delinquent  in  this 
respect  to  attend  to  it  carefully  and  without  delay. — 1809,  p.  431. 

b.  Resolved,  That  the  General  Assembly  recommend,  and  they  do 
hereby  recommend  to  the  pastors  and  Sessions  of  the  different  churches 
under  their  care,  to  assemble  as  often  as  they  may  deem  necessary  during 
the  year  the  baptized  children,  with  their  parents,  to  recommend  said 
children  to  God  in  prayer,  explain  to  them  the  nature  and  obligations  of 
their  baptism,  and  the  relation  they  sustain  to  the  Church. — 1818, 
p.  691. 

2.    Discipline  of  baptized  children.    The  subject  postponed. 

How  far,  and  in  what  sense,  are  persons  who  have  been  regularly 
baptized  in  infancy,  and  have  not  partaken  of  the  sacrament  of  the 
Lord's  Supper,  subject  to  the  discipline  of  the  Church  ? 

Resolved,  That  the  public  Standards  of  this  Church  contain  a  sufficient 
answer  to  the  question  stated  in  the  above  reference. — 1799,  p.  171. 

[Note. — The  subject  of  the  disciplining  of  baptized  persons  arriving  at  maturity,  not 
in  communion,  was  before  the  Assembly  in  1811,  pp.  468,  475,  480;  1812,  p.  509  ;  1814, 
pp.  543,  551,  when  it  was  referred  to  a  Committee.  This  Committee  was  subsequently 
discharged  and  the  whole  subject  indelinitely  postponed,  1814,  p.  567;  also  1815, 
pp.  578,  579.     See  Moore's  Digest,  1886,  p.  801.] 

3.  Diligent  oversight  enjoined  in  the  care  of  the  baptized  children. 
In  consequence  of  but  little  being  said  [in  the  Presbyterial  narra- 
tives] in  regard  to  the  care  and  instruction  of  the  baptized  children  of 
the  Church,  the  Assembly  fears  that  there  is  a  lamentable  deficiency  in 
this  respect.  Let  us,  as  we  value  that  covenant  which  makes  the  promise 
not  only  ours  but  our  children's,  take  a  more  diligent  oversight  of  these 
youthful  members  of  our  Church.  Too  often  are  they  left  to  wander 
unrestrained  and  forgotten  in  the  paths  of  error  and  of  sin.  Can  the 
Church  answer  to  her  great  Head,  if  this  neglect  of  dutv  be  not 
mourned  over  and  corrected  ? — 1835,  p.  37. 

4.  The  duty  of  home  training  urged  on  the  attention  of  the  Church. 

Whereas,  This  Church  holds  and  teaches  that  "  children  born  within 
the  pale  of  the  visible  Church,  and  dedicated  to  God  in  baptism,  are 
under  the  inspection  and  government  of  the  Church,  and  are  to  be  taught 
to  read  and  repeat  the  Catechism,  the  Apostles'  Creed,  and  the  Lord's 
Prayer;  they  are  to  be  taught  to  pray,  to  abhor  sin,  to  fear  God,  and  to 
obey  the  Lord  Jesus  Christ ;  and  when  they  come  to  years  of  discretion, 


856  DIRECTORY    FOR   WORSHIP,    CHAP.    X, 

if  they  be  free  from  scandal,  appear  sober  aud  steady,  and  to  have  suffi- 
cient knowledge  to  discern  the  Lord's  body,  they  ought  to  be  informed  it 
is  their  duty  and  their  privilege  to  come  to  the  Lord's  Supper;"  and 

Whereas,  There  seems  to  be  inadequate  attention  given  by  parents, 
pastors  and  Christians  generally  to  this  fii'st  and  divine  provision  for  the 
perpetuity,  prosperity  and  extension  of  the  Church;  therefore. 

Resolved,  That  the  General  Assembly  hereby  specially  directs  the 
attention  of  the  whole  Church  to  this  momentous  subject,  in  the  full 
assurance  that  no  part  of  the  work  of  the  Church  is  more  fundamental 
aud  important  than  that  which  is  performed  in  the  quietness  and  sanctity 
of  homes  where  Christian  parents  are  the  divinely  chosen  and  responsible 
guardians,  guides,  examples  and  teachers  of  their  children,  in  the  way 
of  the  Lord ;  and  the  General  Assembly  desires  that  the  utmost  diligence 
may  be  shown  in  this  work;  that  a  generation  of  God's  people,  renewed 
in  heart  in  their  infancy,  may  grow  up  in  the  practice  of  God's  worship 
and  service  from  their  earliest  yeai-s,  so  that  His  Church  may  be  more 
intelligent,  zealous,  holy  aud  progressive  than  in  any  former  age. — 1875, 
p.  594. 

[Note— See  Pastoral  Letter  on  Sabbath-schools,  1878,  pp.  95-98.] 

5.    Children  should  be  trained  in  the  faith  of  our  fathers. 

We  have  two  suggestions  to  make  to  Christian  parents  on  this  general 
subject.  One  is,  that  they  cause  their  children  to  be  brought  up  in  the 
faith  of  their  fathers.  "We  do  not  mean  by  this  that  our  youth  should 
be  prevented  from  following  out  their  honest  convictions  of  duty;  but 
that  they  should  be  dissuaded  from  uniting  vnih  other  denominations 
from  mere  caprice  or  childish  fancies.  We  consider  the  conduct  of  those 
parents  who  suffer  their  children  to  abandon  our  own  Church  without  any 
adequate  reason,  as  in  a  high  degree  reprehensible,  and  calculated  to  inflict 
a  serious  injury  both  on  the  Church  aud  on  their  divided  households. — 
1840,  p.  310,  0.  S. 

6.    Catechetical  instruction  enjoined  on  parents. 

It  was  unanimously  Resolved,  That  the  Assembly  hereby  most  earnestly 
remind  parents  and  others  of  the  duty  of  catechising  children  and 
youth,  and  enjoin  this  duty  upon  them,  as  one  whose  performance  no 
instruction  the  children  receive  in  the  Sabbath -school  or  elsewhere,  out- 
side the  family,  can  supersede  or  supply. — 1870,  p.  123. 

7.    Family  training  essential  to  the  increase  of  the  ministry  and 

the  Church. 

Resolved,  That  the  Assembly  regard  Christian  training  at  all  periods  of 
youth,  and  by  all  practicable  methods,  especially  by  parents  at  home,  by 
teachers  in  institutions  of  learning,  and  by  pastors  through  catechetical 
and  Bible  classes,  as  binding  upon  the  Church,  according  to  the  injunc- 
tion. Train  up  a  child  in  the  way  he  should  go,  and  as  having  a  vital 
connection  with  the  increase  of  the  numbers  and  efRciency  of  the  minis- 
try and  of  the  stability  and  purity  of  the  Church. — 1854,  p.  30,  O.  S. 

8.    Placing  children  in  Catholic  schools  a  violation  of  covenant 

engagement. 

What  course  ought  church  Sessions  to  pursue  with  members  of  the 
Church  who  send  their  children  to  Catholic  boarding-schools,  where  they 
are  entirely  deprived  of  the  evangehcal  means  of  grace,  and  are  obliged 
to  attend  upon  papistical  services  ? 


OF   THE   ADMISSION    OF    PERSONS    TO   SEALING   ORDINANCES.       857 

1.  Resolved,  That  this  Assembly  deem  such  conduct  ou  the  part  of 
any  Protestant  parents,  whether  church  members  or  not,  as  highly  inju- 
dicious, fraught  with  great  danger  to  their  children,  and  utterly  incon- 
sistent with  every  principle  of  Protestantism. 

2.  Resolved,  That  we  deem  such  conduct  in  chui-ch  members,  whose 
children  have  been  dedicated  to  God  in  baptism,  as  a  violation  of  their 
vows  made  in  that  ordinance,  and  a  great  hindrance  to  the  training  up 
of  their  children  in  the  nurture  and  admonition  of  the  Lord. 

3.  Resolved,  That  it  be  recommended  to  all  ministers  in  our  connection 
where  such  a  practice  exists,  to  present  this  subject  from  the  pulpit,  and 
in  other  suitable  ways  to  admonish  those  who  offend. — 1849,  p.  265, 
O.  S. 

II.  The  years  of  discretion,  in  young  Christians,  cannot  be  precisely 
fixed.  This  must  be  left  to  the  prudence  of  the  eldership.  The  officers 
of  the  church  are  the  judges  of  the  qualifications  of  those  to  be  admitted 
to  sealing  ordinances ;  and  of  the  time  when  it  is  proper  to  admit  young 
Christians  to  them. 

III.  Those  who  are  to  be  admitted  to  sealing  ordinances,  shall  be 
examined  as  to  their  knowledge  and  piety. 

1.    Universalists  not  to  be  admitted  to  sealing  ordinances. 

a.  A  question  from  the  Synod  of  the  Carolinas  was  introduced  as 
follows,  viz. : 

Are  they  who  publicly  profess  a  belief  in  the  doctrine  of  the  universal 
and  actual  salvation  of  the  whole  human  race,  or  of  the  fallen  angels, 
or  both,  through  the  mediation  of  Christ,  to  be  admitted  to  the  sealing 
ordinances  of  the  Gospel  ? 

The  Assembly  determined  that  such  persons  should  not  be  admitted. — 
1792,  p.  60. 

b.  The  consideration  of  Dr.  McCorkle's  letter  was  resumed.  On  the 
proposition  in  the  letter,  requesting  a  reconsideration  of  the  sentence  of 
the  General  Assembly,  respecting  the  doctrine  of  universal  salvation, 
passed  at  Carlisle  in  1792,  the  Assembly  unanimously  agreed  to  adhere 
to  the  aforesaid  decision. — 1794,  p.  86. 

2.  Persons  refusing  to  present  their  children  in  baptism  not  to  be 
refused  communion,  but  the  expediency  of  receiving  them  to  be 
judged  of  by  the  Session. 

The  Committee  appointed  on  Overture  No.  7,  from  the  Session  of 
Union  Grove  church,  Illinois,  made  the  following  report,  Avhich  was 
adopted,  viz. : 

That  two  questions  are  submitted  in  this  overture  to  the  judgment  of 
the  Assembly,  viz. : 

1.  Is  it  the  duty  of  church  Sessions  to  admit  to  membership  persons 
who  refuse  to  present  their  children  to  God  in  the  ordinance  of  baptism  ? 

2.  What  is  the  duty  of  the  Session  in  case  of  parents,  members  of  the 
church,  who  refuse  from  conscientious  scruples  to  present  their  children 
for  baptism  ? 

For  a  reply  to  these  questions,  the  Session  are  referred  to  the  Digest, 
Part  iv,  Chap,  ii,  Sec.  vii,  p.  98,  where  the  decision  of  the  Assembly  on 
the  principle  involved  in  both  is  recorded  as  follows: 

A  letter  also  came  through  the  Committee  of  Overtures,  from  Bethuel 


858  DIRECTORY    FOR    WORSHIP,    CHAP.    X. 

Church,  Esq.,  inquiring  whether  he  may  be  admitted  to  occasional 
communion,  whilst  he  has  scruples  concerning  infant  baptism. 

The  letter  from  Bethuel  Chui-ch,  Esq.,  as  overtured,  was  read,  and 
the  motion  formerly  made  thus  amended :  That  the  Session  of  the  church 
of  Cambi'idge  be  permitted  to  receive  Mr.  Church  upon  satisfactory 
evidence  of  his  good  character,  his  scruples  notwithstanding,  was  taken 
up  and  agreed  to. 

But  while  it  is  clear,  that  persons  otherwise  of  good  Christian  charac- 
ter, are  not  to  be  excluded  from  the  communion  of  the  church,  because 
they  have  scruples  concerning  infant  baptism,  there  is  in  every  case, 
where  such  persons  apply  for  admission,  a  question  as  to  the  expediency 
of  receiving  them,  upon  which  the  Session  of  the  church  must  decide. 
—1834,  p.  449. 

3.  Duelists  to  be  received  only  on  evidence  of  repentance. 
Resolved,  also,  That  it  be,  and  it  is  hereby  recommended  to  all  the 
ministers  under  the  care  of  the  Assembly,  that  they  scrupulously  refuse 
to  attend  the  funeral  of  any  person  who  shall  have  fallen  in  a  duel ; 
and  that  they  admit  no  person  Avho  shall  have  fought  a  duel,  given  or 
accepted  a  challenge,  or  been  accessory  thereto,  unto  the  distinguishing 
privileges  of  the  Church  until  he  manifest  a  just  sense  of  his  guilt,  and 
give  satisfactory  evidence  of  repentance. — 1805,  p.  339. 

4.    Postmasters  officiating  on  the  Sabbath. 

a.  An  appeal  by  Mr.  Wiley,  postmaster  in  Washington,  Pa, ,  from  a 
decision  of  the  Synod  of  Pittsburgh,  by  which  it  is  determined  that  Mr, 
Wiley's  officiating  as  postmaster  on  the  Sabbath  day,  in  existing  circum- 
stances, is  a  sufficient  reason  to  exclude  him  from  the  special  privileges 
of  the  Church,  was  overtured  and  read. 

Resolved,  That  the  above  decision  of  the  Synod  of  Pittsburgh  be 
affirmed.— 1810,  p.  456. 

b.  A  petition  signed  by  a  number  of  persons  in  Washington,  Pa., 
and  vicinity,  praying  the  revision,  with  a  view  to  its  being  rescinded,  of 
the  decision  of  the  General  Assembly  of  1810,  respecting  the  case  of  Mr. 
Wiley,  postmaster,  was  overtured. 

Resolved,  That  the  prayer  of  the  petitioners  be  not  granted. — 1812,  p. 
608. 

5.    Proprietor  of  mail  stages  running  on  the  Sabbath. 

An  overture  relative  to  receiving  a  person  as  a  member  of  the  Church 
who  is  a  proprietor  in  a  Hue  of  stages  which  carries  the  mail,  and  runs 
on  Sabbath. 

Resolved,  That  it  is  the  decided  opinion  of  this  Assembly  that  all 
attention  to  worldly  concerns  on  the  Lord's  day,  further  than  the  works 
of  necessity  and  mercy  demand,  is  inconsistent  both  with  the  letter  and 
spirit  of  the  fourth  commandment;  and  consequently  all  engagements 
in  regard  to  secular  occupations  on  the  Lord's  day,  with  a  view  to  secure 
worldly  advantages,  are  to  be  considered  inconsistent  Anth  Christian 
character,  and  that  those  who  are  concerned  in  such  engagements  ought 
not  to  be  admitted  into  the  communion  of  the  Church  while  they  con- 
tinue in  the  same. — 1819,  p.  713. 

6.    Persons  engaged  in  the  sale  of  intoxicating  drinks. 

[Note.— See  No.  12  (6),  p.  624,  and  Nos.  1  and  2,  p.  631.] 


OF   THE   ADMISSION    OF    PERSONS   TO   SEALING    ORDINANCES.       859 

7.    Subjection  to  the  discipline  of  the  Church  requisite. 

Is  a  church  Session  authorized  by  the  principles  Laid  down  in  the 
Confession  of  Faith,  to  admit  individuals  to  the  Lord's  table,  who  do 
not  subscribe  to  the  doctrines  and  submit  to  the  discipline  of  the  Church  ? 

There  can  be  no  doubt  that  all  persons  admitted  to  the  communion  of 
the  Presbytei'ian  Church  do  in  fact  and  form  submit  to  its  discipline 
(except  in  cases  of  occasional  communion  by  members  of  other  churches)  ; 
but  every  Session  must  judge  for  themselves  of  that  degree  of  knowl- 
edge of  Christian  doctrine  and  adherence  thereto  on  the  part  of  those 
examined  by  them  which  may  render  their  reception  suitable,  and  for 
their  own  edification  and  the  peace  of  the  Church.  — 1853,  p.  434,  O.  S. 

8.    To  be  admitted  only  by  a  Session  regularly  constituted. 

[Note. — See  under  Form  of  Government,  Chap,  ix,  Sec.  vi,  p.  168.] 

9.    The  Session  the  judge  of  the  qualification  of  candidates  for 

membership. 

Has  a  Session  or  church  constitutional  power,  in  examining  a  candi- 
date for  membership,  to  require  abstinence  from  any  error,  practice  or 
custom,  which  the  members  adjudge  to  be  sinful,  and  decidedly  injurious 
to  personal  piety,  and  to  the  interests  of  the  Church  of  Christ  ?  And, 
if  they  have  this  power,  then  is  it  expedient  to  admit  persons  to  member- 
ship who  practice  and  defend  promiscuous  dancing,  card-playing,  and 
the  use,  manufacture  and  sale  of  intoxicating  drinks  as  a  beverage  ? 

The  Committee  recommended  the  following  answer: 

It  is  the  province  of  the  Session  to  judge  of  the  qualifications  of  can- 
didates for  membership  in  the  church.  For  their  guidance  in  the 
matters  noticed  in  the  overture,  reference  is  made  to  past  acts  of  the 
Assembly  found  in  the  Digest  (Moore,  1861),  Chap,  vii,  on  "  Moral 
Questions,"  Sees,  iii,  iv  and  v. 

The  report  was  adopted. — 1864,  p.  510,  N.  S. 

[Note.— See  also  No.  3,  p.  609.] 

10.  Question  as  to  the  baptism  of  a  member  of  the  Friends'  Society. 

Overture  No.  7,  from  the  Presbytery  of  St.  Clairsville.  Would  it  be 
consistent  for  a  minister  of  the  Presbytei'ian  Church  to  administer  the 
ordinance  of  baptism  to  a  member  of  the  Friends'  Society,  who  professes 
to  believe  that  * '  Jesus  is  the  Son  of  God  ' '  and  the  essential  doctrines 
of  the  Christian  religion,  but  declares  his  intention  to  continue  his  con- 
nection with  the  Friends'  Society  ? 

The  Committee  on  Bills  and  Overtures  reported  a  recommendation  that 
the  inquirers  be  referred  to  the  answers  in  the  Larger  and  Shorter  Cate- 
chisms, to  the  question,  "  To  whom  is  baptism  to  be  administered  ?" 

The  report  was  adopted. — 1864,  p.  314,  O.  S. 

11.  Intercommunion  with  those  who  maintain  an  irregular  ministry 

discouraged. 

The  Committee  on  Overture  No.  3,  viz.,  a  question  from  the  Presby- 
tery of  Bethel,  respecting  holding  communion  with  the  followers  of 
William  C.  Davis,  a  deposed  minister,  and  calling  themselves  Indepen- 
dent Presbyterians,  reported,  that  in  their  judgment  the  questions  pro- 
posed in  said  overture  ought  to  be  answered  in  the  negative.  They 
therefore  would  recommend  the  adoption  of  the  following  resolution,  viz. : 

Resolved,  That  while  this  Assembly  readily  acknowledges  the  right  of 


860  DIRECTORY    FOR    WORSHIP,    CHAP.    X. 

the  Session  to  determine  according  to  the  Scriptures  and  the  Constitution 
of  our  Church,  the  qualifications  for  admission  to  sealing  ordinances," 
yet  they  feel  it  to  be  their  duty  to  declare  that,  in  their  judgment,  the 
services  of  those  Avho  have  received  only  lay  ordination,  and  of  those 
who  have  been  deposed  from  the  Gospel  ministry,  are  unscriptural  and 
unwarrantable ;  and  therefore  an  attendance  on  their  ministrations  cannot 
be  in  the  order  of  the  Gospel,  and  ought  to  be  discouraged  and  discoun- 
tenanced by  every  friend  of  the  Redeemer's  kingdom. — 1833,  p.  407. 

12.    Polygamists  cannot  be  received  into  the  Church  while  remaining 

in  that  relation. 

No.  14,  from  the  Presbytery  of  Kolapore,  asking  for  an  answer  to 
the  following  questions,  namely: 

Can  a  man  who,  before  his  conversion  from  heathenism,  had  been  the 
husband  of  two  wives,  each  the  mother  of  several  children,  and  with 
Avhom  he  continues  to  live  in  apparent  harmony,  be  received  into  the 
Christian  Church  while  retaining  them  both,  or  should  he  be  required  to 
separate  from  one  of  them  ?  In  the  latter  case,  from  which  ought  he  to 
separate  ?  and  Avhy  should  he  be  separated  from  her  ? 

The  Committee  report  that  they  have  given  the  subject  the  most  care- 
ful consideration,  and  have  called  before  them  all  the  foreign  missionaries 
in  attendance  on  the  Assembly,  and  fully  consulted  with  them.  As  the 
result  of  all  their  deliberations,  the  Committee  recommend  that  the 
following  answer  be  returned : 

Under  the  light  of  the  Gospel  no  man  may  marry  a  second  wife  while 
his  first  is  living  without  offending  against  the  law  of  Christ.  Such  a 
relation,  although  it  may  be  justified  by  human  law  and  entered  into  in 
ignorance  of  the  truth,  cannot  be  perpetuated  by  one  who  has  become  a 
follower  of  Christ;  neither  can  it  be  justified  by  His  Church.  Converts 
from  heathenism  should  be  treated  very  tenderly  in  this  most  painful 
situation,  and  yet  they  should  be  dealt  with  in  all  fidelity;  and,  when  a 
converted  man  is  called  on  to  separate  from  all  but  his  first  and  only 
wife,  he  should  be  enjoined  to  make  suitable  provision  for  her  that  is  put 
away,  and  for  her  children,  if  she  have  any,  to  the  full  extent  of  his 
ability.     The  report  was  unanimously  adopted. — 1875,  p.  507. 

[Note. — See  Confession  of  Faith,  Chap,  xxiv,  Sec.  i,  p.  93.] 

13.    Examination  of  candidates  ought  ordinarily  to  be  in  the 
presence  of  the  Session. 

1^ Overture  from  the  Presbytery  of  Troy,  asking:  "  Must  the  examina- 
tion of  candidates  for  admission  to  the  sealing  ordinances  spoken  of  in 
Chap,  ix,  Sec.  iii,  of  the  Directory  for  Worship,  be  in  the  presence  of 
the  Session  ?  Or  may  it  be  conducted  by  the  pastor  or  a  Committee,  and 
the  result  be  reported  to  the  Session  to  guide  them  in  their  action  ?" 

Your  Committee  recommend  the  following  action:  Inasmuch  as  the 
members  of  the  Session  are  the  judges  of  the  qualifications  of  those  to 
be  admitted  to  sealing  ordinances,  and  the  reception  of  such  is  their  act, 
the  examination  of  candidates  ought  manifestly  to  be  in  their  presence, 
unless  in  special  cases  of  sickness  or  other  hindrance,  when  this  duty 
may  be  performed  by  a  Committee,  under  direction  of  the  Session  (See 
Moore's  Diged,  p.  130).     Adopted.— 1885,  p.  638. 


OF   THE    ADMISSION    OF    PERSONS   TO   SEALING    ORDINANCES.       861 

IV.  Wheu  uubaptized  persons  apply  for  admission  into  the  Church, 
they  shall,  iu  ordinary  cases,  after  giving  satisfaction  with  respect  to 
their  knowledge  and  piety,  make  a  public  profession  of  their  faith,  in 
the  presence  of  the  congregation;  and  thereupon  be  baptized. 

1.    Baptism  may  follow  upon  a  general  profession  of  faith. 

The  Committee  on  the  Polity  of  the  Church  I'eported  aa  answer  to  the 
following  inquii'Y : 

"  Is  it  forbidden  by  our  Standards  to  baptize  adult  converts  upon  a 
general  confession  of  faith  in  Christ,  previous  to  their  being  received 
into  a  particular  church,  and  assenting  to  its  articles  of  faith?"  as 
follows,  viz. : 

A  profession  of  faith  in  Christ  and  obedience  to  Him  is  all  that  is 
required  in  our  Standards  of  those  who  are  out  of  the  visible  Church, 
in  order  to  their  being  baptized  (see  Confession  of  Faith,  Chap,  xxviii. 
Sec.  iv;  Larger  Catechism,  Ques.   166;  Shorter  Catechism,  Ques.   95). 

Hence,  cases  may  occur  in  which,  as  in  the  case  of  Philip  and  the 
Ethiopian  eunuch,  it  may  be  proper  to  baptize  a  person  who  does  not 
expect  immediately  to  connect  himself  with  any  particular  Church.  But 
inasmuch  as  it  was  the  obvious  intent  of  the  Saviour  that  all  His  disci- 
ples should  be  associated  in  local  churches,  and  inasmuch  as  we  cannot 
obey  one  of  His  commandments,  that  requiring  us  to  remember  Him  at 
His  table,  without  such  connection:  therefore,  your  Committee  believe 
that  in  no  ordinary  circumstances  can  a  pei'son  give  good  evidence  of  a 
readiness  to  obey  Christ  in  all  things,  who,  having  the  opportunity,  does 
not  connect  himself  with  some  particular  branch  of  the  visible  body  of 
Christ.  In  the  practice  of  our  Church,  and  according  to  her  Standards, 
baptism  is  manifestly  regarded  as  a  part  of  the  general  profession  of 
faith  in,  and  obedience  to,  Christ,  which  constitute  his  initiation  into  the 
visible  Church,  and  into  some  particular  branch  of  it ;  and  in  no  ordinary 
case  ought  the  several  parts  of  this  solemn  profession  to  be  separated. — 
1860,  p.  244,  N.  S. 
[Note. — See  Form  of  Government,  Chap,  ix,  Sec.  vi,  pp.  166,  167.] 

2.    An  excommunicated  member,  if  restored,  is  not  to  be 
rebaptized. 

A  question  by  the  Presbytery  of  Holston,  whether  the  excommunica- 
tion of  a  church  member  vitiates  his  baptism,  and,  on  being  restored, 
shall  he  be  rebaptized  ?  Both  questions  answered  in  the  negative.  — 
1881,  p.  586. 

3.    To  admit  to  sealing  ordinances  belongs  exclusively  to  the  Session. 
Forms  of  admission. 

Overture  No.  38,  from  the  Presbytery  of  Brooklyn,  on  the  methods 
of  receiving  members  to  the  communion  of  our  churches  and  urging 
the  importance  of  uniformity  in  these  methods,  as  well  as  calling  atten- 
tion to  ' '  serious  and  hurtful  evils  ' '  growing  out  of  a  disregard  of  the 
teachings  of  our  Standards  on  this  subject. 

The  following  answer  is  recommended  by  the  Committee: 

1.  That  the  admission  of  persons  to  sealing  ordinances  is  confided,  by 
the  Form  of  Government,  really  and  exclusively  to  the  church  Session. 

2.  That  any  forms,  for  publicly  recognizing  those  who  have  been  thus 


862  DIRECTORY    FOR    WORSHIP,    CHAP.    XI. 

admitted  to  sealing  ordinances,  should  keep  in  view  the  principle  thus 
declared,  and  should  give  effect  to  the  distinction,  so  clearly  laid  down 
by  our  Standards,  between  admitting  the  children  of  the  Church  to  the 
Lord's  table,  and  the  unbaptized  to  membership  in  the  Church. — 1872, 
p.  89. 

[Note. — See  under  Form  of  Government,  Chap,  ix,  Sec.  vi,  p.  168.] 


CHAPTER  XI. 


OF  THE  MODE  OF  INFLICTING  AND  REMOVING 
CENSURES. 

[Note. — See  for  cases,  Confession  of  Faith,  Chap,  xxx,  p.  110,  Form  of  Govern- 
ment, pp.  206-212,  and  536,  and  Book  of  DiscipHne,  pp.  657  to  662.] 

I.  The  power  which  Christ  has  given  the  rulers  of  his  Church  is  for 
edification,  and  not  destruction.  AVhen,  therefore,  a  communicant  shall 
have  been  found  guilty  of  a  fault  deserving  censure,  the  judicatory  shall 
proceed  with  all  tenderness,  and  restore  the  offending  brother  in  the  spirit 
of  meekness,  its  members  considering  themselves,  lest  they  also  be 
tempted.  Censure  ought  to  be  inflicted  with  great  solemnity:  that  it 
may  be  the  means  of  impressing  the  mind  of  the  delinquent  with  a 
proper  sense  of  his  sin;  and  that,  with  the  divine  blessing,  it  may  lead 
him  to  repentance. 

II.  When  the  judicatory  has  resolved  to  pass  sentence,  suspending  a 
communicant  from  church  privileges,  the  Moderator  shall  pronounce  the 
sentence  in  the  following  form  : 

' '  Whereas  you  have  been  found  guilty  \hy  your^own  confession,  or  by 
*^  8%ifficient  proof,  as  the  case  may  6e]  of  the  sin  of  [/tere  mention  the 
' '  jiarticular  offence"] ,  we  declare  you  suspended  from  the  sacrament  of 
"  the  Lord's  Supper,  till  you  give  satisfactory  evidence  of  repentance." 

To  this  shall  be  added  such  advice,  admonition,  or  rebuke,  as  may  be 
judged  necessary;  and  the  whole  shall  be  concluded  with  prayer  to 
Almighty  God,  that  he  would  follow  this  act  of  discipline  with  his  bless- 
ing. In  general  such  censure  should  be  inflicted  in  the  presence  of  the 
judicatory  only;  but,  if  the  judicatory  think  it  expedient  to  rebuke  the 
offender  publicly,  this  solemn  suspension  may  be  in  the  presence  of  the 
church. 

III.  After  a  person  has  been  thus  suspended,  the  minister  and  elders 
should  frequently  converse  with  him,  as  Avell  as  pray  for  him  in  private, 
that  it  would  please  God  to  give  him  repentance.  And,  particularly  on 
days  preparatory  to  the  dispensing  of  the  Lord's  Supper,  the  prayers  of 
the  church  should  be  offered  up  for  those  who  have  shut  themselves  out 
from  this  holy  Communion. 


OF   THE    MODE    OF    INFLICTING    AND    REMOVING   CENSURES.         863 

IV.  When  the  judicatory  shall  be  satisfied  as  to  the  reality  of  the 
repentauce  of  any  suspended  member,  he  shall  be  allowed  to  profess  his 
repentance,  and  be  restored  to  fellowship,  in  the  presence  of  the  Session, 
or  of  the  church. 

V.  When  a  suspended  person  has  failed  to  manifest  repentance  for  his 
offence,  and  has  continued  in  obstinate  impenitence  not  less  than  a  year, 
it  may  become  the  duty  of  the  judicatory  to  excommunicate  him  without 
further  trial.  The  design  of  excommunication  is  to  operate  upon  the 
offender  as  a  means  of  reclaiming  him,  to  deliver  the  Church  from  the 
scandal  of  his  offence,  and  to  inspire  all  with  fear  by  the  example  of  his 
punishment. 

VI.  When  a  judgment  of  excommunication  is  to  be  executed,  with  or 
without  previous  suspension,  it  is  proper  that  the  sentence  be  publicly 
pronounced  against  the  offender. 

The  minister  shall,  therefore,  at  a  regular  meeting  of  the  church, 
make  a  brief  statement  of  the  several  steps  which  have  been  taken,  with 
respect  to  the  offender,  announcing  that  it  has  been  found  necessary  to 
excommunicate  him. 

He  shall  begin  by  showing  (from  Matt,  xviii.  15,  16,  17,  18;  1  Cor. 
V.  1,  2,  3,  4,  5)  the  power  of  the  Church  to  cast  out  unworthy  members, 
and  shall  briefly  explain  the  nature,  use,  and  consequences  of  this  cen- 
sure. 

Then  he  shall  pronounce  the  sentence  in  the  following  or  like  form,  viz. : 

"  Whereas  A.  B.  hath  been,  by  sufficient  proof,  convicted  of  [/lere 
insert  the  sui] ,  and  after  much  admonition  and  prayer  refuseth  to  hear 
the  Church,  and  hath  manifested  no  evidence  of  repentance;  therefore, 
in  the  name,  and  by  the  authority,  of  the  Lord  Jesus  Christ,  I  pro- 
nounce him  to  be  excluded  from  the  communion  of  this  Church." 

After  which,  prayer  shall  be  made  for  the  conviction  and  reformation  of 
the  excommunicated  person,  and  for  the  establishment  of  all  true  believers. 

But  the  judicatory  may  omit  the  publication  of  the  excommunication, 
when  it  judges  that  there  is  sufficient  reason  for  such  omission. 

VII.  When  an  excommunicated  person  shall  be  so  affected  by  his  state 
as  to  be  brought  to  repentance,  and  desires  to  be  readmitted  to  the 
privileges  of  the  Church,  the  Session  of  the  church  which  excommuni- 
cated him,  having  obtained,  and  placed  on  record,  sufficient  evidence  of 
his  sincere  repentance  and  deep  contrition,  shall  proceed  to  restore  him, 
recording,  in  explicit  terms,  the  grounds  on  which  such  conclusion  has 
been  reached. 

The  sentence  of  restoration  shall  be  pronounced  by  the  minister,  at  a 
regular  meeting  of  the  church  on  the  Lord' s  day,  in  the  following  words : 

"  Whereas  A.  B.  has  been  excluded  from  the  communion  of  the 
Church,  but  has  now  given  satisfactory  evidence  of  repentance;  in  the 
name  of  the   Lord  Jesus  Christ,   and  by  liis  authority,  I  declare  him 


864  DIRECTORY    FOR    WORSHIP,    CHAP.    XII. 

absolved  from  the  sentence  of  excommunication  formerly  pronounced 
against  him ;  and  I  do  restore  him  to  the  communion  of  the  Church,  that 
he  may  be  a  partaker  of  all  the  benefits  of  the  Lord  Jesus,  to  his  eternal 
salvation. ' ' 

After  which,  he  shall  be  commended  to  God  in  prayer. 

VIII.  Censures,  other  than  suspension  from  church  privileges,  or 
excommunication,  shall  be  inflicted  in  such  mode  as  the  judicatory  may 
direct. 


CHAPTER  XII. 
OF  THE  SOLEMNIZATION  OF  MARRIAGE. 

I.  Marriage  is  not  a  Sacrament ;  nor  peculiar  to  the  Church  of  Christ. 
It  is  proper  that  every  commonwealth,  for  the  good  of  society,  make  laws 
to  regulate  marriage ;  which  all  citizens  are  bound  to  obey. 

II.  Christians  ought  to  marry  in  the  Loi'd  :  therefore  it  is  fit  that  their 
marriage  be  solemnized  by  a  lawful  minister;  that  special  instruction 
may  be  given  them,  and  suitable  prayers  made,  when  they  enter  into 
this  relation. 

1.    Marriage  solemnized  by  licentiates. 

That  while  our  Form  of  Government  does  not  recognize  licentiates  as 
ministers  of  the  Gospel,  yet  this  Assembly  do  not  consider  them  as  vio- 
lating any  rules  of  the  Church  by  solemnizing  marriage  in  those  States 
where  the  civil  laws  expressly  authorize  them  to  do  it. — 1844,  p.  377, 
O.  S. 

2.    Marrying-  in  the  Lord  defined. 

It  is  lawful  for  all  sorts  of  people  to  marry  who  are  able  with  judg- 
ment to  give  their  consent,  yet  it  is  the  duty  of  Christians  to  marry  only 
in  the  Lord.  And,  therefore,  such  as  profess  the  true  reformed  religion 
should  not  marry  with  infidels,  papists  or  other  idolaters :  neither  should 
such  as  are  godly  be  unequally  yoked,  by  marrying  with  such  as  are 
notoriously  wicked  in  their  life,  or  maintain  damnable  heresies. — Con- 
fession of  Faith,  Chap,  xxiv,  iii. 

III.  Marriage  is  to  be  between  one  man  and  one  woman  only :  and 
they  are  not  to  be  within  the  degrees  of  consanguinity  or  afiinity  pro- 
hibited by  the  word  of  God. 

[Note. — See  Confession  of  Faith,  Chap,  xxiv,  Sec.  iv,  pp.  93-96.] 

IV.  The  parties  ought  to  be  of  such  years  of  discretion  as  to  be  capa- 
ble of  making  their  own  choice :  and  if  they  be  under  age,  or  live  with 
their  parents,  the  consent  of  the  parents  or  others,  under  whose  care 
they  are,  ought  to  be  previously  obtained,  and  well  certified  to  the  min- 
ister, before  he  proceeds  to  solemnize  the  marriage. 


OF   THE   SOLEMNIZATION    OF    MARRIAGE.  865 

1.    Clandestine  marriage  discouraged. 

The  Synod  do  recommend  it  to  all  their  members  to  use  the  greatest 
caution  that  they  do  not  countenance  any  clandestine  marriages,  and 
especially  that  they  do  not  marry  any  that  they  have  reason  to  suspect  to 
go  contrary  to  the  minds  of  their  parents  and  guardians  in  seeking  it. — 
1735,  p.  115. 

V.  Parents  ought  neither  to  compel  their  children  to  marry  contrary 
to  their  inclinations,  nor  deny  their  consent  without  just  and  important 
reasons. 

VI.  Marriage  is  of  a  public  nature.  The  welfare  of  civil  society, 
the  happiness  of  families,  and  the  credit  of  religion,  are  deeply  inter- 
ested in  it.  Therefore  the  purpose  of  marriage  ought  to  be  sufficiently 
published  a  proper  time  previously  to  the  solemnizatign  of  it.  It  is 
enjoined  on  all  ministers  to  be  careful  that,  in  this  matter,  they  neither 
transgress  the  laws  of  God,  nor  the  laws  of  the  community:  and  that 
they  may  not  destroy  the  peace  and  comfort  of  families,  they  must  be 
properly  certified  with  respect  to  the  parties  applying  to  them,  that  no 
just  objections  lie  against  their  marriage. 

1.    Publication  of  purpose  of  marriage. 

AVhat  is  a  sufficient  publication  of  the  2'>urpose  of  marriage  according 
to  the  second  sentence  of  the  sixth  section  of  the  eleventh  chapter  of  the 
Book  of  Discipline  ? 

Resolved,  That  the  following  be  given  as  an  answer  to  this  question, 
viz. :  That  the  Presbyteries  are  the  best  judges  in  the  case. — 1820,  p.  740. 

2.    Caution  enjoined  in  solemnizing  marriages. 

Overture  from  the  Presbytery  of  Monroe  requesting  that,  in  view  of 
the  great  evils  resulting  from  the  frequency  of  divorce,  and  the  ease  with 
which  it  is  obtained,  ministers  be  enjoined  to  use  great  caution  in  per- 
forming the  marriage  ceremony,  and  in  all  cases  refuse  when  either  of 
the  parties  has  been  divorced  for  any  other  than  Scriptural  reasons. 

The  Assembly  cannot  too  emphatically  pronounce  its  condemnation 
upon  the  loose  views  and  practices  so  alarmingly  prevalent  in  our  day, 
on  the  subject  of  marriage  and  divorce,  nor  too  earnestly  call  upon  its 
ministers  and  people  to  use  their  influence,  both  by  precept  and  exam- 
ple, for  the  promotion  of  a  healthier  moral  sentiment  in  the  community 
on  this  subject.  The  formation  of  the  marriage  relation  is  attended  with 
the  gravest  responsibility,  and  "  nothing  but  adultery,  or  such  willful 
desertion  as  can  no  way  be  remedied  by  the  Church  or  civil  magis- 
trates "  (Confession  of  Faith,  Chap,  xxiv,  Sec.  vi),  can  warrant  its 
rupture  by  any  human  authority.  Let,  therefore,  the  pulpit  and  the 
religious  press,  as  well  as  parents,  teachers  and  others,  instruct  and  warn 
the  young  concerning  these  great  evils  and  dangers.  And  our  ministers 
are  urged  to  the  greatest  possible  care  that  ' '  they  neither  transgress  the 
laws  of  God  nor  the  laws  of  the  community  "  in  marrying  persons  who 
have  been  divorced  on  grounds  not  Avarranted  in  the  sacred  Scriptures,  or 
any  other  persons  whose  lawful  right  may  be  justly  called  in  question 
(Directory  for  Worship,  Chap,  xii.  Sec.  vi).  Nor  may  we,  as  conserva- 
tors of  the  public  morals,  omit  to  appeal  to  the  Legislatures  of  our 
55 


866  DIRECTORY    FOR    WORSHIP,    CHAP.    XII. 

several  States  for  the  enactment  of  such  laws  of  marriage,  license,  regis- 
tration and  other  regulations  as  will  at  once  protect  the  rights  of  minis- 
tei's,  parents  and  society,  as  well  as  guard  against  hasty  and  improper 
marriages,  and  so  take  away,  to  a  great  extent,  occasion  for  divorce. 
Adopted.— 1885,  p.  639. 

[Note. — See  Confession  of  Faith,  Chap,  xxiv,  Sec.  vi,  p.  96.] 

VII.  Marriage  must  always  be  performed  ])efore  a  competent  number 
of  witnesses;  and  at  any  time,  except  on  a  day  of  public  humiliation. 
And  we  advise  that  it  be  not  on  the  Lord's  Day.  And  the  minister  is 
to  give  a  certificate  of  the  marriage  when  required. 

VIII.  When  the  parties  present  themselves  for  marriage,  the  minister 
is  to  desire,  if  there  is  any  person  present  who  knows  any  lawful  reason 
why  these  persons  may  not  be  joined  together  in  the  marriage  relation, 
that  they  will  now  make  it  known,  or  ever  after  hold  their  peace. 

No  objections  being  made,  he  is  then  severally  to  address  himself  to 
the  parties  to  be  married,  in  the  following  or  like  words: 

"  You,  the  man,  declare  in  the  presence  of  God,  that  you  do  not 
"  knoAV  any  reason,  by  precontract  or  otherwise,  why  you  may  not  law- 
"  fully  marry  this  woman." 

Upon  his  declaring  he  does  not,  the  minister  shall  address  himself  to 
the  bride,  in  the  same  or  similar  terms: 

"  You,  the  woman,  declare  in  the  presence  of  God,  that  you  do  not 
*'  know  any  reason,  by  precontract  or  otherwise,  why  you  may  not  law- 
*' fully  marry  this  man." 

Upon  her  declaring  she  does  not,  he  is  to  begin  with  prayer  for  the 
presence  and  blessing  of  God. 

The  minister  shall  then  proceed  to  give  them  some  instruction  from  the 
scriptures,  respecting  the  in.stitution  and  duties  of  this  state,  showing — 

' '  That  God  hath  instituted  marriage  for  the  comfort  and  happiness  of 
*'  mankind,  in  declaring  a  man  shall  forsake  his  father  and  mother,  and 
"  cleave  unto  his  wife;  and  that  marriage  is  honorable  in  all;  that  he 
* '  hath  appointed  various  duties,  which  are  incumbent  upon  those  who  enter 
*' into  this  relation;  such  as,  a  high  esteem  and  mutual  love  for  one 
"  another;  bearing  with  each  other's  infirmities  and  weaknesses,  to  which 
*'  human  nature  is  subject  in  its  present  lapsed  state;  to  encourage  each 
"  other  under  the  various  ills  of  life;  to  comfort  one  another  in  sickness; 
"  in  honesty  and  industry  to  provide  for  each  other's  temporal  support;  to 
*'  pray  for  and  encourage  one  another  in  the  things  which  pertain  to  God, 
*'  and  to  their  immortal  souls;  and  to  live  together  as  the  heirs  of  the 
•'  grace  of  life." 

Then  the  minister  shall  cause  the  bridegroom  and  bride  to  join  their 
hands,  and  shall  pronounce  the  marriage  covenant,  first  to  the  man,  in 
these  words : 

"  You  take  this  woman,  whom  you  hold  by  the  hand,  to  be  your^aw- 


OF   THE    VISITATION    OF   THE   SICK.  867 

"  ful  and  married  wife;  and  you  promise,  and  covenant,  in  the  presence 
"  of  God  and  these  witnesses,  that  you  will  be  unto  her  a  loving  and 
"  faithful  husband,  until  you  shall  be  separated  by  death." 

The  bridegroom  shall  express  his  consent,  by  saying,  "  Yes,  I  do." 

Then  the  minister  shall  address  himself  to  the  woman,  in  these  words: 

"  You  take  this  man,  whom  you  hold  by  the  hand,  to  be  your  lawful 
' '  and  married  husband ;  and  you  promise,  and  covenant,  in  the  presence 
"  of  God  and  these  witnesses,  that  you  will  be  unto  him  a  loving,  faith- 
"  ful,  and  obedient  wife,  until  you  shall  be  separated  by  death." 

The  bride  shall  express  her  consent,  by  saying,  ' '  Yes,  I  do. " 

Then  the  minister  is  to  say, 

"  I  pronounce  you  husband  and  wife,  according  to  the  ordinance  of 
* '  God ;  whom  therefore  God  hath  joined  together  let  no  man  put  asunder. ' ' 

After  this  the  minister  may  exhort  them  in  a  few  words,  to  the  mutual 
discharge  of  their  duty. 

Then  let  him  conclude  with  prayer  suitable  to  the  occasion. 

Let  the  minister  keep  a  proper  register  for  the  names  of  all  persons 
whom  he  marries,  and  of  the  time  of  their  marriage,  for  the  perusal  of 
all  whom  it  may  concern. 


CHAPTER  XIII. 
OF  THE  VISITATION  OF  THE  SICK. 

I.  When  persons  are  sick,  it  is  their  duty,  before  their  strength  and 
understanding  fail  them,  to  send  for  their  minister,  and  to  make  known 
to  him,  with  prudence,  their  spiritual  state;  or  to  consult  him  on  the 
concerns  of  their  precious  souls.  And  it  is  his  duty  to  visit  them,  at 
their  request,  and  to  apply  himself,  with  all  tenderness  and  love,  to 
administer  spiritual  good  to  their  immortal  souls. 

II.  He  shall  instruct  the  sick  out  of  the  Scriptures,  that  diseases  arise 
not  out  of  the  ground,  nor  do  they  come  by  chance;  but  that  they  are 
directed  and  sent  by  a  wise  and  holy  God,  either  for  correction  of  sin, 
for  the  trial  of  grace,  for  improvement  in  religion,  or  for  other  impor- 
tant ends:  and  that  they  shall  work  together  for  good  to  all  those  who 
make  a  wise  improvement  of  God's  visitation,  neither  despising  his 
chastening  hand,  nor  fainting  under  his  relmkes. 

III.  If  the  minister  finds  the  sick  person  to  be  grossly  ignorant,  he 
shall  instruct  him  in  the  nature  of  repentance  and  faith,  and  the  way  of 
acceptance  with  God,  through  the  mediation  and  atonement  of  Jesus 
Christ. 


868  DIRECTORY    FOR   WORSHIP,    CHAP,    XIII. 

IV.  He  shall  exhort  the  sick  to  examine  himself;  to  .-search  his  heart, 
and  try  his  former  ways,  by  the  word  of  God;  and  shall  assist  him,  by 
meutioning  some  of  the  obvious  marks  and  evidences  of  sincere  piety. 

V.  If  the  sick  shall  signify  any  scruple,  doubt,  or  temptation,  under 
which  he  labors,  the  minister  must  endeavor  to  resolve  his  doubts,  and 
administer  instruction  and  direction,  as  the  case  may  seem  to  require. 

VI.  If  the  sick  appear  to  be  a  stupid,  thoughtless,  and  hardened 
sinner,  he  shall  endeavor  to  awaken  his  mind ;  to  arouse  his  conscience ; 
to  convince  him  of  the  evil  and  danger  of  sin ;  of  the  curse  of  the  law, 
and  the  wrath  of  God  due  to  sinners ;  to  bring  him  to  an  humble  and 
penitential  sense  of  his  iniquities ;  and  to  state  before  him  the  fullness  of 
the  grace  and  mercy  of  God,  in  and  through  the  glorious  Redeemer ;  the 
absolute  necessity  of  faith  and  repentance,  in  order  to  his  being  interested 
in  the  favor  of  God,  or  his  obtaining  everlasting  happiness. 

VII.  If  the  sick  person  shall  appear  to  have  knowledge,  to  be  of  a 
tender  conscience,  and  to  have  been  endeavoring  to  serve  God  in  upright- 
ness, though  not  without  many  failings  and  sinful  infirmities;  or  if  his 
spirit  be  broken  with  a  sense  of  sin,  or  through  apprehensions  of  the 
want  of  the  divine  favor;  then  it  will  be  proper  to  administer  consola- 
tion and  encouragement  to  him,  by  setting  before  him  the  freeness  and 
riches  of  the  grace  of  God,  the  all -sufficiency  of  the  righteousness  of 
Christ,  and  the  supporting  promises  of  the  gospel. 

[Note. — For  cases  where  it  may  be  proper  to  adraiiiKter  the  Lord's  Supper  in  the 
sick  chamber,  see  Directory  for  Worship,  Chap,  ix.  Sec.  i,  4,  p.  850.] 

VIII.  The  minister  must  endeavor  to  guard  the  sick  person  against 
ill-grounded  persuasions  of  the  mercy  of  God,  without  a  vital  union  to 
Christ ;  and  against  unreasonable  fears  of  death,  and  desponding  discour- 
agements ;  against  presumption  upon  his  own  goodness  and  merit,  upon 
the  one  hand,  and  against  despair  of  the  mercy  and  grace  of  God  in 
Jesus  Christ,  on  the  other. 

IX.  In  one  word,  it  is  the  minister's  duty  to  administer  to  the  sick 
person  instruction,  conviction,  support,  consolation,  or  encouragement,  as 
his  case  may  seem  to  require. 

At  a  proper  time,  when  he  is  most  compo.sed,  the  minister  .shall  pray 
with  and  for  him. 

X.  Lastl}^,  the  minister  may  improve  the  present  occasion  to  exhort 
those  about  the  sick,  to  consider  their  mortality ;  to  turn  to  the  Lord 
and  make  their  peace  with  him;  in  health  to  prepare  for  sickness,  death, 
and  judgment. 


OF    FASTING    AND   THANKSGIVING.  869 

CHAPTER  XIV. 
OF  THE  BURIAL  OF  THE  DEAD. 

I.  When  any  person  departs  this  life,  let  the  corpse  be  taken  care  of 
in  a  decent  manner;  and  be  kept  a  proper  and  sufficient  time  before 
interment. 

II.  When  the  season  for  the  funeral  comes,  let  the  dead  body  be 
decently  attended  to  the  grave,  and  interred.  During  such  solemn 
occasions,  let  all  who  attend  conduct  themselves  with  becoming  gravity; 
and  apply  themselves  to  serious  meditation  or  discourse:  and  the  minister, 
if  present,  may  exhort  them  to  consider  the  frailty  of  life,  and  the 
importance  of  being  prepared  for  death  and  eternity. 

1.    Carousing^  and  ostentatious  parades  discountenanced. 

That  as  the  too  great  use  of  spirituous  liquors  at  funerals  in  some  parts 
of  the  country  is  risen  to  such  a  height  as  greatly  to  endanger  the 
morals  of  many,  and  is  the  cause  of  much  scandal,  the  Synod  earnestly 
enjoin,  that  the  several  Sessions  and  committees  shall  take  the  most 
effectual  methods  to  correct  these  mischiefs,  and  discountenance  by  their 
example  and  influence  all  approaches  to  such  practices  and  all  ostenta- 
tious and  expensive  parades,  so  inconsistent  with  such  mortifying  and 
distressing  occasions, — 1766,  p.  359. 


CHAPTER  XV. 


OF  FASTING,  AND  OF  THE   OBSERVATION  OF  THE 
DAYS  OF  THANKSGIVING. 

I.  There  is  no  day  under  the  gospel  commanded  to  be  kept  holy, 
except  the  Lord's  Day,  which  is  the  Christian  Sabbath. 

II.  Nevertheless,  to  observe  days  of  fasting  and  thanksgiving,  as  the 
extraordinary  dispensations  of  divine  providence  may  direct,  we  judge 
both  scriptural  and  rational. 

1.  The  duty  of  fasting. 
We  will  further  observe,  that  the  duty  of  fasting,  as  united  with 
prayer,  appears  to  be  too  much  disregarded,  if  not  entirely  neglected  by 
many  Christians  of  the  present  day.  We  agree  with  our  fathers  of  the 
Reformation,  that  the  appointment  of  annual  or  stated  fasts  is  not  author- 
ized under  the  Gospel  dispensation ;  but  occasional  fasting,  both  public 
and  private,  such  as  is  called  for  by  peculiar  circumstances,  or  by  the 
dispensations  of  heaven,  are  still  among  the  appointed  means  of  grace. 


870  DIRECTORY    FOR   WORSHIP,    CHAP.    XV 

and  form  an  important  part  of  Christian  duty.  Our  Saviour  said,  the 
children  of  the  bride-chamber  would  fast  when  the  bridegroom  was  taken 
from  them ;  surely  such  a  dispensation  as  we  have  lately  witnessed  should 
lead  those  children  to  fast, — 1838,  p.  50,  O.  S. 

2.    Churches  should  observe  days  appointed  by  the  local  authorities. 

In  this  connection,  the  Committee  further  recommend  that  this  Assem- 
bly sanction  and  approve  the  practice  of  particular  churches  observing, 
with  appropriate  worship,  days  of  thanksgiving,  recommended  in  procla- 
mation by  the  governors  of  commonwealths  in  which  they  are  located. 

The  recommendations  were  adopted. — 1849,  p.  266,  O.  S. 

III.  Fasts  and  thanksgivings  may  be  observed  by  individual  Chris- 
tians; or  families,  in  private;  by  particular  congregations ;  by  a  number 
of  congregations  contiguous  to  each  other;  by  the  congregations  under 
the  care  of  a  Presbytery,  or  of  a  Synod;  or  by  all  the  congregations  of 
our  Church. 

IV.  It  must  be  left  to  the  judgment  and  discretion  of  every  Christian 
and  family  to  determine  when  it  is  proper  to  observe  a  private  fast  or 
thanksgiving;  and  to  the  church  Sessions  to  determine  for  particular  con- 
gregations; and  to  the  Presbyteries  or  Synods  to  determine  for  larger 
districts.  When  it  is  deemed  expedient  that  a  fast  or  thanksgi\ang 
should  be  general,  the  call  for  them  must  be  judged  of  by  the  Synod  or 
General  Assembly.  And  if  at  any  time  the  civil  power  should  think  it 
proper  to  appoint  a  fast  or  thanksgiving,  it  is  the  duty  of  the  ministers 
and  people  of  our  communion,  as  we  live  under  a  Christian  government, 
to  pay  all  due  respect  to  the  same. 

DAYS  OF  FASTING  APPOINTED  BY  THE  SUPREME  JUDICATORY. 

1.    Upon  the  occasion  of  the  French  War. 

a.  The  Synod,  under  a  sense  of  the  present  distressed  and  calamitous 
state  of  the  country,  do  agree  that  they  will  recommend  to  all  their  con- 
gregations to  unite  in  observing  the  last  Thursday  of  October  instant,  as 
a  day  of  public  humiliation,  fasting  and  prayer. — Synod  of  New  York, 
1756,  p.  276. 

b.  In  1758  the  reunited  Synod  recommended  that  a  day  of  fasting 
and  prayer  be  observed  by  all  the  congregations  under  our  care  to  depre- 
cate the  wrath  of  God,  to  pray  for  a  blessing  on  his  majesty's  armaments 
by  sea  and  land,  in  order  to  procure  a  lasting  and  honorable  peace. — 
1758,  p.  290;  also  1760,  p.  305,  and  1761,  p.  310. 

2.    On  the  war  with  Spain. 

[Note— See  Minutes,  1762,  p.  315.    Digest,  1886,  p.  827.] 

3.  On  account  of  trouble  with  England. 

[Note— See  Minutes,  1774,  p.  460  ;  1775,  p.  465  ;  1777,  p.  478  ;  1778,  p.  481 ;  1779,  p.  483 ; 
1780,  p.  488.     Digest,  1886,  pp.  827,  828.] 

4.  Before  the  second  war  with  England. 

[Note.— See  Minutes,  1808,  p.  40'J.     Digest,  1886,  p.  828.] 


OF    FASTING   AND    THANKSGIVING.  871 

5.    During  the  war  with  England. 

[Note— See  Minutes,  1812,  p.  497  ;  1813,  p.  524 ;  1814,  p.  572.    Digest,  1886.  p.  828.] 

6.    On  the  outbreak  of  the  Civil  War. 

a.  Gratefully  ackuowledgiog  the  distinguished  bouuty  and  care  of 
Almighty  God  toward  this  favored  land,  and  also  recognizing  our  obliga- 
tions to  submit  to  every  ordinance  of  man  for  the  Lord's  sake,  this 
General  Assembly  adopt  the  following  resolutions: 

Resolved,  1.  That  in  view  of  the  present  agitated  and  unhappy  condi- 
tion of  this  country,  the  first  day  of  July  next  be  hereby  set  apart  as  a 
day  of  prayer  throughout  our  bounds,  and  that  on  this  day  ministers 
and  people  are  called  on  humbly  to  confess  and  bewail  our  national  sins; 
to  offer  our  thanks  to  the  Father  of  light  for  His  abundant  and  unde- 
served goodness  toward  us  as  a  nation ;  to  seek  His  guidance  and  blessing 
upon  our  rulers  and  their  counsels,  as  well  as  on  the  Congress  of  the 
United  States  about  to  assemble;  and  to  implore  Him,  in  the  name  of 
Jesus  Christ,  the  great  High  Priest  of  the  Christian  profession,  to  turn 
away  His  auger  from  us,  and  speedily  restore  to  us  the  blessings  of  an 
honorable  peace. 

Resolved,  2.  That  this  General  Assembly,  in  the  spirit  of  that  Chris- 
tian patriotism  Avhich  the  Scriptures  enjoin,  and  which  has  always  charac- 
terized this  Church,  do  hereby  acknowledge  and  declare  our  obligations 
to  promote  and  perpetuate,  so  far  as  in  us  lies,  the  integrity  of  these 
United  States,  and  to  strengthen,  uphold  and  encourage  the  Federal 
Government  in  the  exercise  of  all  its  functions  under  our  noble  Constitu- 
tion ;  and  to  this  Constitution  m  all  its  provisions,  requirements  and  prin- 
ciples we  profess  our  unabated  loyalty. 

And  to  avoid  all  misconception,  the  Assembly  declare  that  by  the 
terms  "  Federal  Government,"  as  here  used,  is  not  meant  any  particu- 
lar administration,  or  the  peculiar  opinions  of  any  particular  party,  but 
that  central  administration,  Avhich  being  at  any  time  appointed  and 
inaugurated  according  to  the  forms  prescribed  in  the  Constitution  of  the 
United  States,  is  the  visible  representative  of  our  national  existence. 

This  paper  Avas  adopted  by  the  following  vote:  yeas  156,  nays  66. — 
1861,  p.  329,  O.  S. 

b.  In  view  of  the  turbulence  and  the  menace  of  our  times,  the  drear 
inauguration  of  civil  war,  and  the  prospect  of  its  ravages  of  physical 
and  moral  desolation  in  our  country. 

Resolved,  1,  That  we  acknowledge  the  agency  and  the  just  judgments 
of  our  God  in  all  this  and  would  humble  ourselves  before  Him  with  the 
prayer — O  Lord,  in  wrath  remember  mercy !  spare  Thy  people,  and 
restore  peace  in  all  our  borders ! 

Resolved,  2.  That  Friday,  June  28,  be  appointed,  in  these  national 
and  solemn  relations,  as  a  day  of  fasting,  humiliation  and  prayer  before 
God,  to  confess  our  sins,  to  supplicate  His  mercy  and  gracious  return  to 
us,  almighty  to  save ;  and  especially  that  He  would  prepare  the  members 
of  both  houses  of  Congress,  so  soon  to  convene,  in  this  crisis  of  our 
affairs,  for  all  their  duties,  with  wisdom,  piety  and  patriotic  sincerity  of 
devotion  to  the  good  of  our  one  great  nation;  and  that  He  would  bless  our 
President  and  his  Cabinet,  our  army  and  our  navy,  and  order  all  the 
operations  of  this  new  and  dreadful  war,  for  His  own  glory,  the  pros- 
perity of  His  own  Zion,  and  the  ultimate  good  of  our  country  for  this 
and  all  coming  ages. — 1861,  p.  464,  N.  S. 


872  DIRECTORY    FOR   WORSHIP,   CHAP.    XV. 

7.    On  account  of  the  profanation  of  the  Sabbath. 

The  Committee  appointed  to  consider  the  measures  proper  to  be  adopted 
to  promote  the  sanctification  of  the  Sabbath  made  a  report,  which, 
being  read  and  amended,  was  adopted,  and  is  as  follows,  viz. : 

Resolved,  That  the  second  Thursday  of  November  next  be  and  it  here- 
by is  recommended  to  be  observed  as  a  day  of  fasting,  humiliation  and 
prayer  on  account  of  the  sin  which  rests  upon  the  Church  and  on  the 
whole  land  by  the  profanation  of  the  Sabbath ;  and  that  it  be  given  in 
charge  to  all  Synods  and  Presbyteiies  in  our  connection,  to  take  such 
order  on  this  subject  as  may  be  most  effectual  in  securing  the  observance 
of  that  day  by  the  churches. — 1830,  p.  302. 

8.    For  the  conversion  of  the  world. 

The  Committee  to  whom  was  referred  Overture  No.  11,  viz.:  "  On 
the  appointment  of  a  day  of  prayer  for  the  conversion  of  the  world," 
made  the  following  report,  which  was  unanimously  adopted,  viz. : 

It  being  understood  that  Christians  and  churches,  both  in  this  country 
and  in  Europe,  have  at  different  times  desired  the  public  designation  of 
a  day  to  be  observed  by  all  Christians  throughout  the  world  as  a  day  of 
fasting  and  prayer  for  the  outpouring  of  the  Holy  Spirit  on  the  whole 
family  of  man,  and  this  Assembly  being  deeply  impressed  with  the 
importance  and  high  privilege  of  such  an  observance,  and  feeling  urged 
and  encouraged  to  more  importunate  supplications  in  view  of  the  recent 
revivals  of  religion  in  this  land,  as  well  as  the  signs  of  the  present  time 
in  relation  to  the  prospects  of  the  Church  in  other  nations,  therefore, 

Resolved,  That  it  be  recommended  to  the  ministers  and  churches  under 
the  supervision  of  the  General  Assembly  of  the  Presbyterian  Church  in 
the  United  States,  and  of  the  churches  in  correspondence  with  the 
same,  to  observe  the  first  Monday  in  January,  1833,  as  a  day  of  fasting 
and  prayer  for  the  divine  blessing  on  the  ministry  of  the  Gospel  through- 
out the  world,  for  the  revival  of  religion  in  the  whole  of  Christendom, 
and  for  the  entire  success  of  those  benevolent  enterprises  which  have 
for  their  object  the  world's  conversion  to  God. 

Resolved,  That  other  denominations  of  Christians  in  the  United  States, 
and  the  Christian  Churches  in  all  other  countries,  be,  and  they  hereby  are 
a,ffectiouately,  and  with  Christian  salutations,  invited  to  concur  in  the 
observance  of  the  day  above  specified. 

Resolved,  That  these  resolutions  be  published  with  the  signature  of  the 
Moderator  and  Clerk  of  the  General  Assembly  for  the  information  of 
such  Synods,  Assemblies,  Associations,  Conferences,  Conventions  and 
other  ecclesiastical  bodies  as  may  choose  to  recommend  the  above  observ- 
ance to  the  churches  under  their  care.  And  may  grace,  mercy  and 
peace  be  multiplied  to  all  throughout  the  world  who  love  our  Lord  Jesus 
Christ— 1832,  p.  365. 

[Note. — See  also  Minutes  of  1833,  pp.  897-399.  It  became  thenceforth  a  custom  for 
the  Assembly  to  designate  the  first  Monday  in  January  of  each  year  as  a  day  of  fast- 
ing and  prayer  for  the  conversion  of  the  world,  and  to  recommend  the  last  Thursday 
in  February  as  a  day  of  prayer  for  colleges,  theological  seminaries  and  other  institu- 
tions of  learning.    See  Minutes,  passim,  and  below,  the  Week  of  Prayer.] 

9.    The  Week  of  Prayer.    The  first  entire  week  in  January. 

a.  On  the  appointment  of  a  concert  of  prayer  for  the  conversion  of 
the  world. 

This  overture  is  based  upon  a  proposal  from  the  missionary  brethren  of 


OF    FASTING   AND    THANKSGIVING.  873 

Northern  India  to  observe  the  second  Monday  of  January,  I860,  and 
the  succeeding  week,  as  a  season  of  special  prayer  all  over  the  globe  for 
the  conversion  of  the  world.  This  General  Assembly  cordially  sympa- 
thize with  the  object  contemplated,  as  it  implies  the  desire  that  Christians 
everywhere  may  more  directly  regard  the  missionary  and  aggressive 
character  of  our  faith,  as  it  tends  to  call  forth  their  affections  toward 
each  other,  and  toward  a  perishing  world ;  and  especially  as  it  recognizes 
the  great  truth  of  our  dependence  upon  divine  power  for  the  success  of 
the  Gospel. 

We,  therefore,  recommend  to  the  churches  under  our  care  to  observe 
the  time  thus  specified  in  such  manner  as  the  various  Sessions  or  Presby- 
teries may  direct.     Adopted. — 1859,  p.  532,  O.  S. 

[Note.— See  also  1860,  p.  21,  0.  H. ;  1861,  p.  335,  0.  S. ;  1862,  p.  620,  0.  S  ;  and  annu- 
ally to  1867.] 

b.  In  1861,  p.  469,  the  Assembly,  N.  S. ,  appointed  the  first  week  in 
December  "  as  a  season  of  special  prayer  for  the  outpouring  of  the 
Spirit  on  our  congregations,  and  in  special  religious  services  calculated  to 
edify  the  saints  and  lead  sinners  to  Christ."  In  1862,  p.  16,  the  Assem- 
bly reconnnends  "  that  another  week  of  prayer  be  observed  during  the 
coming  ecclesiastical  year;  but  that  the  time  be  changed  so  as  to  corre- 
spond with  that  recommended  first  by  the  Lodiana  Mission — the  first 
entire  week  in  January." 

[Note— See  also  1863,  p.  277,  N.  S. ;  1864,  p.  432,  N.  S.  ;  annually  thereafter  to 
1869.] 

C.  The  observance  of  the  first  week  of  each  new  year,  as  a  special 
season  of  united  supplication  throughout  the  Christian  world,  has  already 
been  attended  and  followed  by  results  too  grand  to  allow  of  a  question  as 
to  its  claims  upon  our  churches. — 1872,  p.  94. 

[Note. — Continuous  until  1887.  In  1888,  p.  56,  an  overture  was  received  urging  a 
change  of  time  for  the  observance  of  the  Week  of  Prayer.] 

d.  That  it  be  considered  inexpedient  for  the  Assembly  to  recommend 
the  observance  of  any  special  time  as  a  Week  of  Prayer,  inasnuich  as 
the  arrangements  for  such  an  observance  have  been,  for  years,  joractically 
under  the  direction  of  the  Evangelical  Alliance,  and  may  safely  and 
wisely  be  left  to  its  further  care. 

It  is  also  recommended  that,  in  furtherance  of  the  aim  set  forth  in 
this  overture,  the  Stated  Clerk  be  requested  to  communicate  with  the 
Evangelical  Alliance  in  reference  to  a  change  of  time  for  the  Week  of 
Prayer,  and  a  thorough  revision  of  the  topics  presented  for  consideration, 
giving  special  emphasis  to  the  interests  of  Foreign  Missions. — 1888,  p. 
56;  1891,  p.  182. 

e.  Overture  from  the  Presbytery  of  Carlisle,  on  the  observance  of  a 
week  of  prayer.  Recommended,  That  in  the  observance  of  this  special 
season  of  prayer,  the  General  Assembly  urge  upon  the  churches  the  more 
general  return  in  their  observance  to  the  original  idea  and  early  practice, 
so  that  the  cause  of  world-wide  missions  may  be  specially  brought  to  the 
mind  and  heart  of  the  Church  during  this  season  of  devotion. — 1893, 
p.  208. 

f .  Overture  from  the  Presbytery  of  St.  Paul,  concerning  ( 1 )  a  change 
of  time  in  the  date  of  the  week  of  prayer.  Recommended,  That  inas- 
much as  the  Assembly  of  1891,  after  a  full  discussion,  decided  adversely, 
that  no  action  at  present  be  taken.      (2)    A  stricter  adherence  to  its 


874  DIRECTORY    FOR   WORSHIP,   CHAP,    XV. 

world-wide  subject  of  missions.  Recommended,  That  they  be  referred 
to  the  answer  of  this  Assembly  to  overture  of  Presbytery  of  Carlisle. — 
1893,  p.  209. 

10.    Day  of  prayer  for  colleges,  theological  seminaries  and  other 
institutions  of  learning. 

The  Standing  Committee  on  Education,  to  which  were  referred  overtures 
concerning  the  change  in  the  time  of  the  Day  of  Prayer  for  Schools  and 
Colleges,  report,  recommending: 

That  since  our  sister  Churches  have  not  made  a  change  in  the  date  of 
the  Day  of  Prayer  for  Schools  and  Colleges,  and  we  are  therefore  out  of 
line  with  them  and  evangelical  Churches,  and  are  breaking  the  concert 
of  prayer ;  therefore,  we  return  to  the  date  of  the  day  observed  previous 
to  the  action  of  the  Assembly  of  1895,  viz.,  the  last  Thursday  of  Janu- 
ary, and  that  this  be  appointed  as  our  Day  of  Prayer  for  Schools  and 
Colleges.  In  this  report  the  Committee  on  Aid  for  Colleges  and  Acade- 
mies concurs.     Adopted. — 1896,  p.  46. 

11.    Monthly  concert  of  prayer  for  missions. 

a.  Overture  from  the  Presbytery  of  Philadelphia,  asking  the  Assembly 
to  name  a  day  in  each  month  for  united  prayer  throughout  our  churches 
for  the  conversion  of  the  world ;  and,  furthermore,  that  it  be  recom- 
mended that,  on  the  first  Sabbath  of  each  month,  one  of  the  services,  in 
whole  or  in  part,  be  devoted  to  the  consideration  of  this  subject. 

The  Committee  recommended  the  following  action : 

The  attention  of  pastors  and  church  Sessions  is  called  to  the  great 
importance  of  maintaining  regular  services,  with  specific  reference  to  the 
spread  of  the  Gospel  throughout  the  world.  This  General  Assembly 
would  express  their  earnest  desire  that  the  "  Monthly  Concert  of  Prayer 
for  Missions  ' '  be  more  generally  observed  by  their  churches,  and  they 
recommend  that,  in  every  congregation,  the  first  devotional  meeting  of 
each  month  be  given  up  to  the  consideration  of  the  work  of  the  Lord 
throughout  the  world,  and  to  prayer  for  the  world's  conversion. 
Adopted.— 1879,  p.  585;  1880,  p.  51. 

b.  Resolved,  That  this  Assembly  enjoins  upon  all  our  churches  the 
continued  and  devout  observance  of  the  time-honored  Monthly  Concert 
of  Prayer  for  Missions ;  and  earnestly  urges  upon  the  members  of  our 
Church  to  seek,  by  the  careful  study  both  of  God's  Word  and  the  present 
condition  of  the  heathen  world,  to  know  more  of  God's  will  and  our 
duty  in  this  matter ;  and  to  pray  earnestly  that  God  would  send  forth 
laborers  into  His  harvest;  and  that  the  Holy  Spirit  may  be  poured  out 
on  all  nations;  and  that  we  and  all  God's  people  may  be  disposed  and 
enabled  freely  to  consecrate  to  the  service  of  the  Master,  ourselves,  our 
sons  and  daughters,  and  our  worldly  possessions.  Adopted. — 1891,  p. 
182. 

12.  Children's  Day.  Special  services  to  be  held. 
The  General  Assembly  hereby  designates  the  second  Sabbath  of  June 
as  the  Children's  day,  on  which  special  services  for  the  children  shall  be 
held,  and  the  vital  topics  of  the  Christian  nurture  and  the  conversion  of 
the  young  shall  be  pressed  upon  the  thought  of  the  entire  congregation. 
—1883,  p.  616. 

[Note.— See  Minutes  of  each  year  and  in  this  Digest,  p.  370,  and  Directory  for  Wor- 
ship, Chap,  vi,  No.  13.] 


SECRET   AND    FAMILY    WORSHIP.  875 

V.  Public  notice  is  to  be  given  a  convenient  time  before  the  day  of 
fasting  or  thanksgiving  comes,  that  persons  may  so  order  their  temporal 
affairs,  that  they  may  properly  attend  to  the  duties  thereof. 

VI.  There  shall  be  public  worship  upon  all  such  days;  and  let  the 
prayers,  psalms,  portions  of  Scripture  to  be  read,  and  sermons,  be  all  in 
a  special  manner  adapted  to  the  occasion. 

VII.  On  fast  days,  let  the  minister  point  out  the  authority  and  provi- 
dences calling  to  the  observation  thereof;  and  let  him  spend  a  more  than 
usual  portion  of  time  in  solemn  prayer,  particular  confession  of  sin, 
especially  of  the  sins  of  the  day  and  place,  with  their  aggravations, 
which  have  brought  down  the  judgments  of  heaven.  And  let  the  whole 
day  be  spent  in  deep  humiliation  and  mourning  before  God. 

VIII.  On  days  of  thanksgiving,  he  is  to  give  the  like  information 
respecting  the  authority  and  providences  which  call  to  the  observance  of 
them;  and  to  spend  a  more  than  usual  part  of  the  time  in  the  giving  of 
thanks,  agreeably  to  the  occasion,  and  in  singing  psalms  or  hymns  of 
praise. 

It  is  the  duty  of  people  on  these  days  to  rejoice  with  holy  gladness  of 
heart;  but  let  trembling  be  so  joined  with  our  mirth,  that  no  excess  or 
unbecoming  levity  be  indulged. 


CHAPTER  XVI. 
THE  DIRECTORY  FOR  SECRET  AND  FAMILY  WORSHIP. 

I.  Besides  the  public  worship  in  congregations,  it  is  the  indispensable 
duty  of  each  person,  alone,  in  secret;  and  of  every  family,  by  itself,  in 
private,  to  pray  to,  and  worship  God. 

II.  Secret  worship  is  most  plainly  enjoined  by  our  Lord.  In  this  duty 
every  one,  apart  by  himself,  is  to  spend  some  time  in  prayer,  reading 
the  Scriptures, holy  meditation,  and  serious  self-examination.  The  many 
advantages  arising  from  a  conscientious  discharge  of  these  duties,  are 
best  known  to  those  who  are  found  in  the  faithful  discharge  of  them. 

III.  Family  worship,  which  ought  to  be  performed  by  every  family, 
ordinarily  morning  and  evening,  consists  in  prayer,  reading  the  Scriptures, 
and  singing  praises. 

IV.  The  head  of  the  family,  who  is  to  lead  in  this  service,  ought  to 
be  careful  that  all  the  members  of  his  household  duly  attend;  and  that 
none  withdraw  themselves  unnecessarily  from  any  part  of  family  worship ; 
and  that  all  refrain  from  their  common  business  while  the  Scriptures  are 
read,  and  gravely  attend  to  the  same,  no  less  than  when  prayer  or  praise 
is  offered  up. 


876  DIRECTORY   FOR   WORSHIP,    CHAP.    XVI. 

V.  Let  the  heads  of  families  be  careful  to  instruct  their  children  and 
servants  in  the  principles  of  religion.  Every  proper  opportunity  ought  to 
be  embraced  for  such  instruction.  But  we  are  of  opinion,  that  the  Sab- 
bath evenings,  after  public  worshijD,  should  be  sacredly  preserved  for  this 
purpose.  Therefore  we  highly  disapprove  of  paying  unnecessary  private 
visits  on  the  Lord's  day;  admitting  strangers  into  the  families,  except 
Avhen  necessity  or  charity  requires  it;  or  any  other  practices,  whatever 
plausible  pretences  may  be  offered  in  their  favor,  if  they  interfere  witii 
the  above  important  and  necessary  duty. 

1.    Duty  of  ministers  to  urge  family  religion. 

a.  [As  means]  "  to  revive  the  declining  power  of  godliness,  the  Synod 
do  earnestly  recommend  it  to  all  our  ministers  and  members  to  take 
particular  care  about  ministerial  visiting  of  families,  and  press  family 
and  secret  worship,  according  to  the  Westminster  Directory;  and  that 
they  also  recommend  it  to  every  Presbytery,  at  proper  seasons  to  inquire 
concerning  the  diligence  of  each  of  their  members  in  such  particulars." 
Unanimously  adopted. — 1733,  p.  105. 

b.  The  Synod  do  not  only  renew  the  order,  but  earnestly  obtest  every 
of  our  brethren  of  the  ministry,  conscientiously  and  diligently  to  pursue 
the  good  design  thereof.' — 1734,  p.  107. 

C.  Let  heads  of  families  be  careful  to  instruct  their  children  and  those 
committed  to  their  care  in  the  great  principles  of  our  holy  religion.  Let 
their  morning  and  evening  sacrifices  be  daily  offered  up  in  their  families 
to  God.— 1799,  p.  178. 

d.  Parents,  train  your  children  in  the  "  nurture  and  admonition  of 
the  Lord ;  your  houses  should  be  temples  of  the  living  God,  in  which 
should  ascend  to  His  mercy-seat  the  continual  incense  of  your  daily  sacri- 
fices. Pious  parents  can  most  effectually  preach  to  the  hearts  of  their 
children  by  their  affectionate  precepts,  and  their  holy  example.  Your 
instructions  will  best  prepare  them  to  receive  benefit  from  the  public 
ordinances  of  religion.  And  oh !  can  you  see  these  dearest  portions  of 
yourselves  ready  to  perish,  without  earnestly  reaching  forth  a  hand  to 
pluck  them  as  brands  from  the  burnings  ?" — 1804,  p.  316. 

e.  We  have  observed  with  pain,  that  in  some  Presbyteries  the  duties 
of  family  religion,  and  of  catechetical  instruction,  are  neglected.  Truly 
it  is  shameful  in  men,  who  call  themselves  by  the  name  of  Christ,  not  to 
honor  Him  before  their  families,  by  worshiping  Him  statedly.  Every 
head  of  a  family  is  responsiljle  for  all  its  members  to  God  and  his  coun- 
try. How  can  he  expect  to  fulfill  his  duty  if  he  does  not  pray  for  and 
with  them,  and  instruct  them  from  the  Word  of  God  ?  If  he  does  not 
honor  God,  it  cannot  be  expected  his  family  will.  And  a  Christian  fam- 
ily living  without  family  religion  is  a  contradiction.  It  ai'gues,  on  the 
part  of  such  professors,  an  awful  declension  and  a  criminal  dereliction  of 
duty. — 1808,  p.  402,  and  Minutes,  passim. 

2.  The  evening  of  the  Lord's  day  especially  set  apart  for  family 
training.  The  Standards  need  no  change  to  fit  them  to  the  pres- 
ent times. 

The  Committee  on  the  Polity  of  the  Church  have  had  under  considera- 
tion the  following  overture  from  the  Pi'esbytery  of  Genesee: 


SECRET    AND    FAMILY    WORSHIP.  877 

Overture  of  the  Presbytery  of  Genesee  to  the  General  Assembly 
meeting  at  Philadelphia,  May  21,  1863: 

We  petition  for  a  revision  of  the  Directory  for  Worship,  with  a  view 
to  the  following  points : 

1.  To  reclaim  the  Sabbath  afternoon,  or  evening,  expressly  for  family 
instruction,  and  to  enforce  the  duty  of  parents. 

2.  To  give  a  constitutional  recognition  to  the  Sabbath -school,  as  a 
cherished  instrumentality  of  the  Church  for  the  nurture  of  her  own 
youth,  and  the  evangelization  of  others ;  and  to  provide  that  the  time 
appropriated  be  ample,  as  esteeming  this  to  be  a  cardinal  means  of  grace. 

3.  To  restrict  its  assemblies,  in  all  ordinary  cases,  to  one  part  of  the 
day,  so  as  to  avoid  trenching  upon  the  time  appropriated  to  the  para- 
mount duties  of  parents. 

4.  To  secure  to  the  pastor,  unequivocally,  as  the  divinely  appointed 
teacher  of  the  lambs  of  the  flock,  the  prerogative,  and  hold  him  to  the 
responsibility,  of  presidency  over  the  school,  with  provision  for  a  vice- 
president  or  superintendent,  to  serve  in  the  absence  of  the  pastor. 

5.  To  recognize  the  church  Session  as  invested  with  authority,  and 
responsible  for  the  details  of  the  organization,  the  appointment  and 
removal  of  teachers,  and  the  whole  government  of  the  school. 

6.  To  provide  for  such  a  system  of  distinctive  instruction  as  will  secure 
to  our  youth  a  thorough  training,  not  only  in  the  doctrines  of  grace,  but 
in  the  principles  of  order  which  the  Scriptures  set  forth,  and  keep  con- 
tinually before  their  minds  the  burden  of  baptismal  obligations,  and  the 
value  of  covenant  privileges,  as  sealed  to  the  children  of  God's  people. 

The  Committee  recommend,  that  the  Assembly  reply  to  the  above 
overture  as  follows: 

The  matters,  in  view  of  which  the  Presbytery  of  Genesee  ask  a  revis- 
ion of  the  Directory  for  Worship,  are  mainly  such  that,  according  to 
our  Constitution,  it  is  already  competent  to  every  church  to  regulate  them 
for  itself,  agreeably  to  its  own  views  of  what  will  best  promote  its  growth 
and  spiritual  welfare. 

The  Directory  for  Worship  expresses  the  opinion  of  the  Church,  that 
the  evenings  of  the  Lord's  day,  after  public  worship,  should  be  sacredly 
reserved  for  the  religious  instruction  of  children  by  their  parents  (see 
Chap,  xvi,  Sec.  v). 

The  Sunday-school,  like  all  the  religious  institutions  and  agencies  of 
each  individual  church,  is,  and  ought  to  be,  under  the  watch  and  care  of 
the  Session ;  and  should  be  regarded,  not  as  superseding,  but  as  cooper- 
ating with,  the  entire  system  of  pastoral  instruction,  the  responsibilities  of 
which  it  should  not  in  any  manner  diminish. 

There  is  nothing  in  our  Constitution  which  prescribes  the  number  of 
public  services  to  be  held  on  the  Lord's  day,  or  which  restrains  any 
church  from  appropriating  to  the  Sunday-school  such  a  portion  of  the 
day  as  may  seem  to  them  desirable. 

The  peculiar  position  of  baptized  children  as  members  of  the  church, 
to  be,  as  members,  trained  in  all  Christian  virtues  and  duties,  is  so 
expressly  set  forth  in  our  Standards,  that  no  revision  of  them  could 
present  it  with  greater  clearness,  or  in  a  more  authoritative  form  (see 
Confession,  Chap,  xxv,  Sec.  ii;  Larger  Catechism,  Ques.  166;  Form  of 
Government,  Chap,  ii,  Sees,  ii,  iv;  Book  of  Discipline,  Chap,  i.  Sec. 
vi;  Directory  for  Worship,  Chap,  x.  Sees,  i-iii). 

The  Assembly,  therefore,  judge  that  no  necessity  demands  the  revision 


878  DIRECTORY    FOR   WORSHIP,    CHAP.    XVI. 

which  is  asked  for,  and  simply  recommend  to  the  churches  to  conform 
their  ideas  and  usages  to  our  own  Standards. — 1863,  pp.  240,  241,  N.  S. 


ADDITIONS  TO  ACTS,  DECISIONS,  AND  DELIVERANCES, 

1.    Qualifications  of  voters  for  pastors,  elders,  and  other  ofl&cers. 

The  report  of  the  Special  Committee  on  the  Qualifications  of  Voters 
in  the  Election  of  Pastors,  Elders  and  other  Officers  of  Presbyterian 
Churches  was  adopted,  as  follows: 

The  Committee  on  the  Election  of  Pastors,  Elders  and  other  Officers 
of  Presbyterian  Churches  appointed  by  the  General  Assembly  of  1896, 
respectfully  report  as  follows: 

The  Committee  was  constituted  by  the  subjoined  action  of  the  Assem- 
bly, viz. : 

Resolved,  That  all  Overtures  relating  to  the  election  of  pastors,  elders 
and  officers  of  Presbyterian  churches  be  referred  to  a  Committee  consist- 
ing of  the  Moderator,  with  the  Stated  and  Permanent  Clerks,  to  report 
to  the  next  Assembly  {Minutes,  1896,  p.  129). 

Upon  this  subject  the  Committee  draws  attention,  first,  to  the  lan- 
guage of  the  Constitution,  which  reads,  "  in  this  election  no  person  shall 
be  entitled  to  vote  who  refuses  to  submit  to  the  censures  of  the  church, 
or  who  does  not  contribute  his  just  proportion,  according  to  his  own 
engagement,  or  the  rules  of  that  congregation,  to  all  its  necessary 
expenses"  (Form  of  Government,  Chap,  xvi,  Sec.  iv). 

This  Constitutional  Rule  contains  the  following  provisions  affecting 
elections  for  pastors: 

1.  The  right  of  each  congregation  to  make  rules  for  the  conduct  of 
certain  of  its  affairs,  among  these  being  rules  as  to  the  methods  and 
extent  of  contributions  by  its  members  for  necessary  expenses. 

2.  The  qualifications  of  voters,  indicated  by  the  declaration  that  two 
classes  of  persons  shall  not  be  entitled  to  vote:  (a)  those  who  refuse  to 
submit  to  the  censures  of  the  church,  and  (6)  those  who  do  not  contrib- 
ute their  just  proportion  to  necessary  expenses. 

This  much  being  clear,  the  issue  next  arises  as  to  the  meaning  of  the 
word  congregation  in  the  Constitution.  This  term,  in  relation  to  pas- 
toral elections,  has  been  decided  by  the  General  Assembly  to  include  all 
persons  associated  together  in  a  given  organization  for  the  worship  of 
God,  whether  communicants  in  good  standing  or  regular  contributors  to 
church  expenses.  The  deliverances  of  the  Assembly  read:  (a)  "It  is 
the  judgment  of  the  General  Assembly  that  all  members  of  the  church 
in  full  communion  have  the  right  to  vote  in  the  election  of  pastor  in  the 
congregation  with  which  they  are  connected  "  (^Minutes,  G.  A.,  1879, 
p.  630).  (6)  "  Members  of  a  congregation,  not  communicants,  who 
regularly  contribute  their  due  proportion  of  the  necessary  expenses  of 
the  church  and  congregation,  have  a  right  to  vote  in  the  election  of  a 
pastor"  {Minutes,  G.  A.,  1886,  p.  48).  These  decisions  are  based  not 
only   on  Form  of  Government,  Chap,   xvi,   Sec.    iv,    but  also  on  the 


ADDITIONS   TO    ACTS,   DECISIONS,    AND    DELIVERANCES,    1897.      879 

phraseology  of  other  parts  of  the  Constitution.  The  word  congrega- 
tion, as  used  in  Chap,  xiii,  Sec.  ii,  Form  of  Government  (the  chapter 
dealing  with  the  election  of  ruling  elders  and  deacons),  is,  it  is  true, 
expressly  limited  to  the  members  of  the  church,  by  the  form  of  the 
question  addressed  to  the  congregation  at  the  installation  of  elders  and 
deacons,  the  opening  words  of  which  are,  "  Do  you,  the  members  of 
this  church,  acknowledge  and  receive  this  brother  as  a  ruling  elder  ?" 
(Form  of  Government,  Chap,  xiii,  Sec.  iv).  The  form  of  this  question 
determines  the  meaning  of  the  word  congregation  in  the  elections  of 
ruling  elders  and  deacons.  When  we  come,  however,  to  the  questions 
at  the  installation  of  a  pastor,  we  find  that  the  words  used  are  the 
following,  "  Do  you,  the  people  of  this  congregation,  continue  to  profess 

your  readiness  to  receive  Rev. ,  whom  you  have  called  to  be  your 

minister?"  (Form  of  Government,  Chap,  xv,  Sec.  xiii).  Further, 
throughout  the  section,  the  expression  * '  members  of  the  church  ' '  found 
in  Chap,  xiii  is  nowhere  used,  but  instead  the  word  "  people  "  is  con- 
stantly employed.  This  use  of  the  term  ' '  people  ' '  can  only  mean  that 
the  congregation  is  taken  as  including  both  church  members  and  con- 
tributors. 

This  difference  in  the  meaning  of  the  word  congregation,  as  between 
Chap,  xiii  and  xv  of  the  Form  of  Government,  is  emphasized  by  the 
usage  of  the  Chui-ch,  having  since  1788  the  force  of  law,  by  which  the 
pastor  of  a  congregation  was  and  is  recognized  as  the  pastor  of  all 
persons  connected  therewith,  either  as  communicants  or  as  contributors. 
In  connection  with  the  installation  of  pastors,  it  is  declared  that  "  it  is 
highly  becoming  that  after  the  solemnity  of  the  installation,  at  least  the 
elders  and  those  appointed  to  take  care  of  the  temporal  affairs  of  that 
church,  should  come  forward  to  their  pastor  and  give  him  their  right 
hand  in  token  of  cordial  reception  and  affectionate  regard  "  (Form  of 
Government,  Chap,  xvi,  Sec.  vii).  The  persons  ordinarily  appointed  in 
our  churches  to  the  care  of  the  temporal  concerns  are  the  trustees,  some 
of  whom  are  not  communicants,  but  whatever  their  relation  to  th^ 
church,  the  minister  of  the  congregation  which  they  serve  is  recognized 
in  the  Constitution  as  their  pastor.  Further,  the  fact  is  important  as 
bearing  upon  this  subject  that  State  legislation  and  the  decisions  of  the 
civil  courts,  as  they  affect  our  Church,  have  been  in  harmony  with  the 
right  of  contributors  as  well  as  communicant  members  to  vote  in  elections 
for  pastors.  Even  a  change  in  our  Constitution,  limiting  voting  for 
pastors  to  communicants,  would  not  in  some  States  avail  to  prevent  pew- 
holders  from  having  a  voice  in  pastoral  elections. 

The  Committee,  therefore,  in  view  of  the  considerations  named,  recom- 
mend the  General  Assembly  to  pass  the  following  resolutions,  viz.  : 

1.  That  it  is  the  right  of  each  one  of  our  congregations,  under  the 
Constitution  of  the  Church,  to  determine  by  rule  the  qualifications  of 
non-communicants  who  are  contributors  to  church  expenses,  as  voters  in 
the  election  of  pastors. 

2.  That  all  communicant  members  in  good  standing,  of  whatever  age 
or  sex,  and,  in  addition,  all  non-communicants  of  full  age  who  contribute 
regularly  to  church  support,  in  accordance  with  the  rules  of  the  congre- 
gations, are  qualified  voters  at  meetings  for  the  election  of  pastors. 

While  no  overture  was  referred  to  the  Committee  as  to  the  election  of 
other  church  officei's  than  pastors,  yet  the  terms  of  appointment  warrant 
the  members  in  reporting  as  to  voters  for  elders,  deacons  and  trustees. 


880  DIRECTORY    FOR    WORSHIP,    CHAP.    XVI. 

With  reference  to  the  election  of  elders  and  deacons,  in  view  of  the 
statements  already  made  respecting  the  phraseology  of  Chap,  xiii,  Form 
of  Government,  it  is  recommended  that  the  following  resolution  be 
adopted : 

Resolved,  That  only  communicants  in  good  standing  are  qualified 
voters  at  the  election  of  ruling  elders  and  deacons. 

With  reference  to  the  qualifications  of  voters  at  congregational  meet- 
ings for  the  election  of  trustees,  the  Committee  would  respectfully  report 
that  this  matter  is  in  the  control  of  the  civil  power,  and  that  the  quali- 
fications of  voters  as  fixed  by  law  vary  in  matters  of  detail  in  the  several 
States  and  Territories.  Ordinarily  it  is  true  that  communicant  members 
of  the  chui'ch  and  pew-holders  who  are  of  full  age  are  qualified  to  vote 
for  trustees.  While,  however,  the  General  Assembly  cannot  interfere 
with  the  legislation  adopted  by  the  States  in  this  matter,  it  is  recom- 
mended, in  view  of  the  fact  that  in  many  States  denominational  law  is 
regarded  as  controlling,  that  action  be  taken  by  the  Assembly.  The 
State  regards  religious  societies  and  churches  as  voluntary  associations 
and  therefore  entitled  to  make  rules  for  their  own  internal  government 
even  in  matters  of  property,  and  where  congregations  are  associated  as 
they  are  in  the  Presbyterian  Church,  regards  the  denomination  as  the 
unit.  It  is  therefore  recommended  that  this  Assembly  adopt  the  follow- 
ing I'esolution : 

Eesolved,  That  the  voters  in  the  congregations  under  the  care  of  this 
General  Assembly,  at  elections  for  trustees  or  other  persons  to  manage 
the  temporal  affiiirs,  shall  be  the  communicant  members  in  good  standing, 
and,  in  addition,  such  other  persons  as  contribute  b}'  regular  payments 
at  stated  periods  to  the  support  and  necessary  expenses  of  the  congrega- 
tion in  accordance  with  its  rules ;  Provided,  That  nothing  in  this  regula- 
tion shall  be  valid  which  contravenes  the  provisions  of  the  laws  of  any 
of  the  States,  of  the  United  States,  or  of  special  church  charters. 

The  Committee  also  recommends  the  adoption  of  the  following  resolu- 
tions as  essential  to  complete  the  rules  for  the  proper  management  of 
elections  of  church  oflScers: 

Resolved,  That  neither  the  pi'esiding  officers  of  church  or  congrega- 
tional meetings,  nor  the  Sessions  of  churches,  possess  the  power  to 
deprive  communicant  members  in  good  standing  of  their  right  to  vote  at 
meetings  of  the  church  or  of  the  congregation,  except  by  due  process  of 
law  in  accordance  with  the  provisions  of  the  Book  of  Discijiline. 

Resolved,  That  the  rolls  of  communicant  members  in  good  standing  in 
the  possession  of  the  clerks  of  Sessions  and  the  lists  of  regular  contribu- 
tors in  the  possession  of  the  secretary  or  treasurer  of  the  Board  of 
Trustees,  shall  be  the  authoritative  lists  of  voters  at  church  and  con- 
gregational meetings. — 1897,  pp.  136-139. 

2.    Close  of  the  ecclesiastical  year. 

It  is  recommended  that  this  declaration  be  made :  The  ecclesiastical 
year  closes  on  the  31st  day  of  March.  Statistical  reports  for  the  sake  of 
uniformity  should  be  prepared  upon  that  basis.  Adopted. — 1897, 
p.  38. 

3.    Annual  Narrative  of  the  State  of  Religion. 

[Note.— The  Annual  Narrative  as  printed  on  p.  175  of  this  Digest,  was  altered  in 
some  minor  particulars  by  the  (ieneral  Assembly  of  1897,  p.  121,  and  can  be  had  in 
its  latest  form  on  application  to  the  Stated  Clerk  of  the  Assembly.] 


ADDITIONS   TO    ACTS,    DECISIONS,    AND    DELIVERANCES.  881 

4.    Reorganization  of  the  Board  of  Home  Missions. 

Resolved,  1.  That  tlie  Board  of  Home  Missious  be  directed  to  so  reor- 
ganize its  methods  of  admiuistratiou  that  the  executive  work  shall  he 
placed  ill  charge  of  one  secretary,  with  whatever  assistants  may  be 
necessary,  and  that  he  be  accountable  to  the  Board  for  its  faithful  and 
efficient  management. 

Resolved,  2.  That  the  Board  be  directed  to  make,  at  the  beginning  of 
each  fiscal  year,  an  estimate  of  the  probable  income  for  the  ensuing  year, 
by  taking  the  average  amount  received  from  legacies,  church  offerings 
and  all  other  sources,  for  a  period  of  preceding  years;  and  that  the  sujn 
thus  obtained  shall  be  considered  the  available  amount  for  the  work  of 
the  Board  during  the  ensuing  year. 

Resolved,  3.  That  the  policy  of  the  Board  shall  be  to  avoid  debt. 
Where  debt  has  been  unavoidably  incurred,  then  allowance  shall  be  made 
for  the  payment  of  the  debt,  as  far  as  possible,  during  the  ensuing  year, 
out  of  the  estimated  receipts. — 1897,  p.  56. 

5.    Action  as  to  legacies,  etc.,  Board  of  Relief. 

Resolved,  1.  That  this  General  Assembly  approves  of  the  change  the 
Board  has  made  in  By-Law,  Art.  iv,  Sec.  5,  and  authorizes  the  Boai'd 
to  transfer  to  the  Current  Fund,  unrestricted  legacies,  with  which  to  pay 
its  indebtedness  and  to  meet  special  emergencies. 

Resolved,  2.  That  the  Assembly  approve  the  codified  rules  of  the 
Board  as  found  in  the  annual  report  on  pp.  10,  11,  12  and  18. 

Resolved,  3.  That  our  Presbyteries  direct  every  church  Session  to 
appoint  a  Conunittee  to  take  the  subject  of  Ministerial  Relief  under  its 
special  charge,  and  to  place  upon  this  Committee  representatives  from 
all  the  organizations  of  the  church,  especially  enlisting  the  cooperation 
of  the  women,  and  to  see  to  it  that  the  leaflets  furnished  by  the  Board 
are  distributed  in  the  church  prior  to  the  time  of  taking  a  collection  for 
this  cause,  and  that  Sessions  be  instructed  that  their  reasons  will  not  be 
sustained  by  Presbytery,  for  not  giving  the  people  under  their  care  a 
fair  opportunity  to  contribute  to  this  Board,  unless  their  reasons  are 
special  and  providential.  — 1897,  p.  24. 

6.    Act  relating  to  the  reception  and  probation  of  ministers  from  other 

Churches. 

When  application  is  made  by  a  minister  of  another  Church  for  admis- 
sion to  Presbytery,  Presbytery  shall  inquire  concerning  his  character,  his 
educational  and  professional  training,  the  fact  of  his  ordination,  his 
ministerial  standing  in  the  body  lo  which  he  belongs,  and  the  motives 
which  lead  him  to  apply  for  admission  to  Presbytery.  If  this  inquiiy 
shall  prove  satisfactory.  Presbytery  may  place  his  name  on  its  roll.  All 
applicants  from  other  bodies  shall  be  required,  previous  to  their  enroll- 
ment, to  give  their  assent,  in  a  public  session  of  Presbytery,  to  the  first 
seven  questions  prescribed  in  the  Form  of  Government  for  ordination  ; 
but  should  the  applicant  not  possess  the  same  educational  qualifications 
for  ordination  as  those  prescribed  in  our  Standards,  he  shall  not  be  en- 
rolled as  a  member  of  Presbytery  until  at  least  six  months  after  his  appli- 
cation shall  have  been  presented  to  Presbytery.  He  may  be  permitted 
to  labor,  in  the  interval,  within  the  bounds  of  Presbytery. — 1891,  p.  177. 
56 


INDEX. 


Abandoning  the  ministry,  667 
Abandonment  of  a  case,  733,  737,  738, 

739 
Abbott,  C.  J.,  736 

Ability  of  the  unregenerate,  75,  77,  80 
Absence,  of  respondent,  720 

of  records,  720,  736,  743,  779,   780, 
781 

from  ordinances,  665,  666,  801 
Absentees,  from  judicatories,  170,  256, 
640 

from  the  trial  of  a  cause,  665 

roll  of,  665 
Accusations,  caution  in  receiving,  638 
Accused,  conference  with,  635 

privileges  of,  643,  644 

citation  of,  151,  643,  644 

second  citation,  643,  644 

counsel  for,  643,  645,  720 

may  appear  by  counsel,  720 

time  tor  appearance,  643 

trial  in  absence  of,  645-  650 

suspension  of,  pending  trial,  656 
Accuser  in  judicial  cases,  635,  638,  639 
Adam,  sin  of,  71,  73.  283,  284 
Additions  (1897),  878  881 
Address  to  President  Washington,  294 
Adjournment,  267 
Administration,  of  Baptism,  845-849 

of  the  Lord's  Supper,  849  854 
Admission,  to  sealing  ordinances,  854- 
862 

examination  on,  857,  858,  859,  860 

baptism  on,  861 

no  rebaptism,  106,  108 
Admonition,  judicial,  657,  660,  804 

to  the  prosecutor,  638,  639 

to  the  judicatory.  269,  R.  40 
Adopting  Acts,  the,  2-7 
Adoption,  of,  83 
Adoption,  of  the  Standards,  2,  8,  13 

mode  of,  5 

required  of  all  office-bearers,  8 
Adultery,  97-99,  633 
Advice  of  the  Assembly,  692 
Advisory  members,  181 
Affinity,  degrees  of,  96,  97 

elective,  178 
Age  of  discretion,  857 
Agency,  of  the  Holy  Spirit,  80 

moral,  77 
Aid  for  Colleges  and  Academiea, 

Committee,  275 

Board,  396-400 


Alliance,  of  Reformed  Churches,  307 

of  Presbyterian  Churches  in  India, 
156 
Almsgiving,  840-843 
Alternates,  170,  588 
Ambassador  for  Christ,  143 
Amendments  to  motions,  267,  R.  20 
Amendments  to  the  Standards,  12,  601- 
603 

list  of,  12-14, 
Amusements,  social,  607-615 
Andrews,  Edward,  211 

Josiah  B.,  7J8 
Angel  of  the  Church,  143 
Animals,  cruelty  to,  630,  631 
Anniversary  Reunion  Fund,  43 
Annual   Narrative  of  the  State   of   Re- 
ligion, 880 
Apocrypha,  not  authoritative,  65 
Apostles'  Creed,  835 
Appeal,  from  the  chair,  268,  R.  36 
Appeal,  judicial  : 

of  parties  to  complaint,   719,   723, 
8U5 

in  cases  without  process,  664 

no  second,  723 

defined,  720 

limited  to  judicial  cases,  721 

bar  to,  244 

original  parties  only  may,  721,  722, 
723 

who  are  original  parties,  721,  722 

counsel  in,  637,  654 

grounds  of,  723 

entertained,  724,  725 

will  not  be  entertained,  722,  723, 
725-^28 

notice  and   reasons  required,  729- 
731,  741,  742 

entry  on  minutes,  652 

proof  of  notice  required,  730,  731 

time  within  which,  729,  730,  733, 
736 

where  lodged,  729 

right  to,  lost  by  default,  734 

not  lost  by  approval  of  minutes,  687 

deferred  in  absence  of  documents, 
735,  736,  743 

dismissed  with  privilege,  737 

abandonment  of,  732 

continued  on  request,  737 

dismissed,  726,  727,  729,  730 

dismissed  in  eiTor,  737 

remanded  with  instructions,  728 


883 


884 


INDEX. 


Appeal,  judicial: 

new  trial  on,  675 
new  evidence,  675 
notice  of,  741,  742 
effect  of  notice  of,  738,  777,  779 
when  in  order,  741,  742 
sequence  of,  782 

directly  to  Assembly,  782,  783,  784 
failure  to  send  up  records,  779 
failure,  censure  for,  779 
and  complaint  consolidated,  720 
initiation  of  proceedings,  741-745 
when  in  order,  741-745 
order  of  proceedings,  741-752 
reading  of  records,  omitted  by  con- 
sent, 744-746 

shall  it  be  entertained,  741,  742, 
744-746,  752 

who  may  vote,  739,  740 

hearing  the  parties,  748,  749 

hearing  the  judicatories,  749,  750 

hearing,  limit  of  time  for,  748-750 

taking  tinal  vote,  750 

the  decision,  757-777 

the  judgment,  651 

explanatory  minute,  55,  742,  753 
Appellant,  when  to  appear,  731-733 

may  appear  by  counsel,  732,  733 

may  not  sit  nor  vote,  739 

rights  of,  642,  655 
Appellants,  Abbott,  C.  J.,  736 

Andrews,  Josiah  B.,  718 

Arthur,  William,  645,  761 

Atwater,  James,  762 

Baldwin,  C.  H.,  737 

Bancroft,  Addison,  758 

Barnes,  ADjert,  721 

Battelle,  E.  C,  732 

Bell,  Benjamin,  729,  734 

Bell,  Joseph  E.,  651,  761,  795 

Bergen,  church  of,  730 

Birch,  Thomas  L.,  725 

Bloomington,  church  of,  636 

Bourne,  George,  779,  782 

Boyd,  Samuel,  757 

Bradford,  Thomas,  775 

Bradshaw.  Walter,  106,758 

Breckinridge,  Eobert  J.,  698,  726 

Briggs,  Charles  A.,  46-56,  637,  722, 
748,  763,  768,  783 

Brown,  Guernsey  G.,  739 

Browning,  M.  J.,  675,  693,  776 

Bushnell,  Pope,  739,  779 

Campbell,  W.  W.,  728 

Chamberlain,  Hiram,  762 

Chambers,  John  W.,  778 

Chavis,  Jared  M.,  292,  783 

Council,  Joseph,  579,  757 

Cooper,  J.  A.,  758 

Craighead,  Thomas  B.,  80-83,  643, 
644,  730,  737-739,  761,  769,  771, 
777 

Cross,  Andrew  B.,  741 

Davis,  Henrv,  732 

Davis,  M.,  733 

Davis.  Thomas.  739 


Appellants,  Dimmick,  Francis  M.,  773 
Dobbins,  Robert  B.,  745,  746 
Donaldson,  Heber,  781 
Drake,  Charles  D.,  758 
Dull,  Nannie  J.,  215 
Edgar,  M.,  703,  724 
Ellis,  John  W^.  732 
Finley,  Eobert  S.,  et  ah,  654,  740, 

766 
Fishback,  George.  721,  730 
Fisher,  James  P.,  716 
Frazer,  Alexander,  665,  747,  757 
Frazer,  W.  J.,  722 
Giles,  Chloe  G.,  739 
Gordon,  John,  759 
Gwinn,  Andrew,  676,  759 
Hamilton,  Duncan,  735 
Hamilton,  James  W.,  695 
Hammond,  H.  H.  e<a/.,  732 

Harney,  ,  730 

Harris,  Anna  B.,  734 

Hawes,  Newton,  732,  763 

Hill,  Maria,  644 

Hindman,  Francis,  674,  724 

Hotc-hkiss,  G    A.,  (.66 

Howard,  Burt  Estes,  752,  753 

Howe.  8.  Storrs,  728 

Hudson,  Presbyterj-  of,  569,  724 

Hummer,  Michael,  725,  726 

Ketchum.  A.  P.,  548 

Lee,  W.  J.,  740 

Lockwood.  L.  R.,  676,  731,  757 

Lowrey,  Samuel,  689,  743,  784 

McCalla,  William  L.,  639 

McCauley,  A.  G.,  729 

McElwee,  William,  644 

McLane,  W.  W.,  783 

Martin    John  W\.  733 

Mifilinburgh,  church  of,  704 

Miller,  -lohn,  73,  747,  758 

Miller,  Silas,  727.  758 

Omaha,  Presbyterj-  of,  723 

Onondaga.  Presbytery  of,  774 

Peacock,  John,  780 

Peck,  Harlan,  654 

Perkins,  William.  765 

Philadelphia.    Third    Presbyterian 

church,  725,  757 
Philadelphia,  Second  Pi  esbvtery  of, 

698,  725 
Pine  Street  cliutch,  757 
Presbyterian    Church     U.    S.    A., 

637,  722.  743,  744,  752.  758 
Price,  David,  164,  605,  696 
Rainey,  James  A..  692 
Ramsev,  Jefferson.  741 
Rice,  Matthew  H.,  784 
Rockefeller   M.  R.,  et  ah,  727 
Rogers,  J.  H.,  728 
Rollins,  Dr.  John,  774 
St.  Clairsville,  church  of.  702 
St.  Clairsville.  Presbyterv  of,  702 
Salisbury,  J.  C,  et  ah,  752,  758 
See,  Isaac  M.,  747,  758 
Severance,  John  F.,  734 
Sheldon,  George  99,  676 


INDEX. 


885 


Appellants,  Shepherd,  Smiley,  757 

Shields,  James,  98 

Skinner,  John,  765 

Skinner,  Thomas  H.,  686,  721 

Smith,  E.  Bailey,  723,  727 

Smith,  Henry  P., 58-65,  722,744,758 

Snodgrass,  Dr.  James,  737 

Spill  man,  J.  H..  643 

Spicer,  Jabez,  6u4 

Tappau,  Lewis,  782 

Taylor,  James,  733 

Todd,  John,  675,  735,  736,  767 

Trov,  church  of,  730 

Turbitt,  John,  736 

Ward,  John,  674,  676 

West,  Nathaniel,  704,  729,  760 

Westfield,  church  of,  724 

White,  William  M.,  784 

Wilson,  Henry  R.,  724 

Wilson,  Joshua  L.,  et  ah,  722 

Wilson,  Samuel  B.,  733 

Worrell,  T.  F.,  759,  773 

Yale,  Charles,  729 
Appellate  indicatory,  jurisdiction  of,  244 

must  send  up  records,  779 

effect  of  its  neglect,  692 
Appellee,  721 

death  of,  721 
Approval,  of  minutes,  effect  of,  686,  687 

or  disapproval  of  election,  420 
Apportionment  of  expenses,  G.  A.,  600, 

601 
Ardent  spirits.     See  Temperance. 
Art  galleries.  Sabbath,  812 
Arthur,  William,  644,  645,  761 
Articles,  subscription  of,  3 
Ashmun  Institute,  518 
Assembly,  General,  The,  259-524 
Assembling   of    the  congregation.     See 

Worship,  public. 
Assembly  Herald,  404-406 
Assent  to  Standards,  declaration  of,  3, 

53.3,  570 
Assessments,  unconstitutional,  600 
Assistants  to  ministers.     See  Elders. 
Assurance  of  grace  and  salvation,  86 
Atlantic,  Synod  of,  691,  692 
Atonement  of  Christ,  76 
Atwater,  James,  762 
A  uburn  Theological  Seminary,  441-449 
Augusta  church.  Session  of,  799 
Authority  of  Confession,  8 
Autographs  of  Scripture,  56 
Aydelotte,  B.  P.,  686 

B.\IRD,  E.  T.  640 

Baird,  James  H.,  704 

Balch.  Hezekiah,  71-73 

Baldwin,  C.  H.,  737 

Pancroft,  Addison,  703,  758,  761 

Baptism,  of,  103-109 

Baptism,  administration  of,  845,  849 

who  may  baptize,  845 

only  a  minister,  845 

elders  may  not,  103 

subjects  of,  107,  108,  634,  846,  848 


Baptism : 

of  children  of  believers,  846,  847 

age  of  infancy,  845,  846 

of  orphans  of  heathen  parents,  108, 
846 

of  servants,  108,  846 

of  adults,  167 

of  a  "Friend,"  859 

mode  of,  107,  849 

formula  of,  849 

by  one  deposed  or  suspended,  105 

by  an  impostor  or  profligate,  104 

by  a  Unitarian,  104,  846 

by  a  Roman  Catholic,  105,  106, 107, 
846 

rebaptism,  106,  108 

essential  to  membership,  167 

instruction  to  parents,  847,  848 

discretion,  as  to  place,  849 

neglect  of,  848 

private,  849 
Baptized  children,  roll  of,  175 

care  of,  634,  635   854 

home  training  of,  855,  856 

included  in  letter,  175,  798 

relation  to  church,  634 

years  of  discretion,  857 
Barnes,  Albert,  652,  694,  695,  721,  740, 

741 
Battelle,  E.  C,  732 
Beecher,  W.  H.,  717,  768 
Behavior  during  divine  service,  831 
Bell,  Benjamin,  729,  734 
Bell,  Joseph  E.,  651,  761,  795 
Benediction,  333,  571,  572 
Beneficence,  Sj'stematic,  Committee  on, 

400 
Benevolence,  disinterested,  71 

Committee,  275 
Bergen,  church  of,  730 
Betting  and  horse-racing,  615 
Bible,  Ttie,  decisions  affecting,  44-67 

translations  of,  66 
Biddle  University,  520,  521 
Bigamist,  to  be  excluded,  93 
Bills  and   Overtures,    Committee,   267, 
R.  11;  273,  274 

right  to  floor,  266,  R.  11 
Birch,  George  W.  F.,  710 
Birch,  Thomas  L.,  202,  725 
Bird,  Thompson,  ft  al.    712 
Bishops  or  pastors,  143  148 
Blackburn  ITniversity,  501 
Blanks,  filling  of,  267,  R.  17 
Blessing  the  people,  153 
Bloomington,  church  of,  636 
Boards  of  the  Church.  310-400 

concurrent  declarations  concerning, 
340,  341 

regulations  as  to  minutes  and  re- 
ports, 263.  264,  341 

as  to  the  tise  of  legacies,  341,  881 

trustees  and  salaries,  341 

may  not  judge  ministers,  659 
Boards,  qualifications  of  members,  264 

vacancies,  264 


886 


INDEX. 


Board  of  Aid  for  Colleges  and  Academies, 
396-400 
constitution  of,  396 
charter,  397-399 
Board  of  Church  Erection,  372-387 
the  organization,  372-374 
plan  of  management,  374  380 
acts  of  incorporation,  380-382 
plan  and  rules,  of  General  Fund, 
382-385 
of  Loan  Fund,  385 
of  Manse  Fund,  386 
Board  of  p:ducation,  351-362,  545,  553 
constitution  of,  352-354 
cliarter  of,  354-357 
rules  for  candidates,  357-362 
Board  of  Foreign  Missions,  349-351 
organization  of,  1870,  350 
charter  of,  350,  351 
Board  of  Missions  for  Freedmen,  393-396 
plan  adopted,  1870,  393 
charter,  394.  395 
Board  of  Home  Missions,  342-349 
history,  342 

as  established  at  Reunion,  342,  343 
act  of  incorporation  of,  343-346 
act  for  transfer  of  property,  346,  347 
principles  and  rules  for  work,  347, 

348 
as  reorganized,  881 
Sustentation  Scheme,  349 
Board  of  Publication  and  Sabbath-school 
Work.  362-372 
as  organized,  1870,  362-366 
reorganized.  1887,  370-372 
charter  of,  366 

Sabbath-school  work  of,  366-372 
Board  of  Relief,  387-393 
charter  of   389 
rules  of  Board,  391 
action  as  to  legacies,  881 
Book  of  Discipline  :  text  of,  and  de- 
cis  ons. 
Chap.  I.     Of  discipline  :  its  nature, 
ends,  and  subjects, 
Sec.  i,  604 
Sec.  ii,  604-606 
Sec.  iii,  606-631 
Sec.  iv,  631-634 
Sec.  V,  634,  635 
Chap.  II.     Of  the  parties  in  cases  of 
process. 
Sec.  vi,  635 
Sec.  vii,  635 
Sec.  viii,  635,  636 
Sec.  i.x.  636 
See.  X.  636 
Sec.  xi,  636,  637 
Sec.  xii,  637,  638 
Sec.  xiii,   63S 
Sec.  xiv,  639,  640 
Chap.  III.     Of  charges  and  specifi- 
cations, 
Sec.  XV,  640,  641 
Sec.  xvi,  641 
Sec.  xvii,  641 


Chap.  IV.     Of  process:  general  rules 
pertaining  to  all  cases. 

Sec.  xviii,  642 

Sec.  xix,  642,  643 

Sec.  XX,  643 

Sec.  xxi,  643-650 

Sec.  xxii,  650.  651 

Sec.  xxiii,  651,  652 

Sec.  xxiv,  652-654 

Sec.  XXV,  654 

Sec.  xxvi,  654,  655 

Sec.  xxvii,  655 

Sec.  xxviii,  655 

Sec.  xxix,  655,  656 

Sec.  XXX,  656 

Sec.  xxxi   656 

Sec.  xxxii,  656,  657 
Chap.  V.     Special  rules  pertaining 
to  cases  before  sessions. 

Sec.  xxxiii,  657 

Sec.  xxxiv,  657,  658 

Sec.  XXXV,  658 
Chap.  VI.     General  rules  pertain- 
ing to  the  trial  of  a  minister^ 
elder,  or  deacon, 

Sec.  xxxvi,  658 

Sec.  XXX vii,  658-660 

Sec.  xxxviii,  660 

Sec.  xxxix,  660 

Sec.  xl,  660,  661 

Sec.  xli,  661 

Sec.  xlii,  661 

Sec.  xliii   661-663 

Sec.  xliv,  663,  664 

Sec.  xlv,  664 

Sec.  xlvi,  664 
Chap.  VII.     Of  cases  without  pro- 
cess, 

Sec.  xlvii   664 

Sec.  xlviii.  665 

Sec.  xlix,  665 

Sec.  1,  665  667 

Sec.  li,  667 

Sec.  Hi,  667 

Sec.  liii,  667-669 
Chap.  VIII,     Of  evidence, 

Sec.  liv,  669 

Sec.  Iv,  669 

Sec.  Ivi,  669 

Sec.  l\ii,  670 

Sec.  Iviii,  670,  671 

Sec.  lix,  672 

Sec. Ix,  672 

Sec.  Ixi,  672,  678 

Sec  Ixii,  673 

Sec.  Ixiii,  673 

Sec.  Ixiv,  673 

Sec.  Ixv,  673 

Sec.  Ixvi,  673,  674 

Sec.  Ixvii,  674 

Sec.  Ixviii,  674  675 

Sec.  Ixix,  675-677 
Chap.  IX.     Of  the  ways  in  which  a 
cause  may  be  carried, 

Sec.  Ixx,  677,  678 


INDEX. 


887 


i.  Of  general  review  and  control, 

678-688 

Sec.  Ixxi,  678-681 

Sec.  Ixxii, 

(1.)  Whether  the  proceed- 
ings are  correctly  re- 
corded, 681,  682 
(2.)  Whether  they  have 
been  constitutional  and 
regular,  683-685 
(3.)  Whether  they  have 
been  wise,  equitable,  and 
for  the  edification  of  the 
Church,  685-688 

Sec.  Ixxiii,  688 

Sec. Ixxiv,  688-692 

Sec.  Ixxv,  692 

Sec.  Ixxvi,  692 
ii.  Of  references,  692-697 

Sec.  Ixxvii,  692,  693 

Sec.  lxx\iii,  693,  694 

Sec.  Ixxix,  694-696 

Sec.  Ixxx,  696 

See.  Ixxxi,  696 

Sec.  Ixxxii,  696-697 
iii.  Of  complaints,  697-720 

Sec.  Ixxxiii,  697-713 

Sec.  Ixxxiv,  714-717 

Sec.  Ixxxv,  717 

Sec.  Ixxxvi,  717 

Sec.  Ixxxvii,  717 

Sec.  Ixxxviii,  717-719 

Sec   Ixxxix,  719 

Sec.  xc,  719 

Sec  xci,  719 

Sec.  xcii,  719,  720 

Sec.  xciii,  720 
iv.  Of  appeals,  720-786 

Sec.  xciv,  720  723 

Sec.  xcv,  723-729 

Sec.  xcvi,  729-731 

See.  xcvii,  731-739 

Sec.  xcviii,  739-741 

Sec.  xcix,  741-777 

Sec.  c,  777-779 

Sec.  ci,  779-782 

Sec.  cii.  782-785 
Chap.  X.     Of  dissents  and  protests, 

Sec  ciii,  786 

Sec.  civ,  786,  787 

Sec.  cv,  787-790 

Sec.  cvi,  790  791 

Sec.  cvii,  791 
Chap.  XI.     Of  jurisdiction  in  cases 
of  dismission, 

Sec.  cviii,  791,  792 

Sec.  cix,  792,  793 

Sec.  ex,  793-796 

Sec.  cxi   796 

Sec.  cxii,  796,  797 

Sec.  cxiii,  797 
Chap.  XII.     Of  removals,  and  limi- 
tations of  time. 

Sec.  cxiv,  797-801 

Sec.  cxv,  801 

Sec.  cxvi,  801,  802 


Sec.  cxvii,  802,  803 
Chap.  XIII.     Of  judicial  commis- 
sions, 
Sec.  cxviii,  803 
Sec.  cxix,  803,  804 
Sec.  cxx,  805 
Chap.  XIV.    Of  differences  between 
judicatories, 
Sec.  cxxi,  805 
Sec.  cxxii,  805 
Sec.  cxxiii,  805 
Book  of  Discipline,  adoption  and  amend- 
ment, 6,  13,  14 
Booth,  Robert  R.,  548 
Bourne,  George,  779,  782 
Bose,  J.  C,  670,  715 
Boyd,  John,  1 
Boyd,  Samuel,  767 
Bradford,  Thomas,  712,  762,  775 
Bradshaw,  Walter,  106,  758 
Bread.     See  Communion. 
Breckinridge,  Robert  J.,  698,  726 
Breed,  David  R.,  756,  758,  803,  804 
Briggs,  Charles  A.,  46-56,  637,722,  748, 

749,  763,  768,  783 
Brown,  Francis,  715,  720 
Brown,  Guernsey  G.,  739 
Browning,  M.  J.,  675,  693,  776 
Bryant,  William,  etal,  767 
Buildings,  church,  use  of,  772 
Burial  of  the  dead,  869 
Bushnell,  Pope,  739,  779 
Business,  conduct  of,  265,  R.  4 
unfinished,  266,  R.  13 
to  take  up,  267,  R.  18 

Caledonia,  Session  of,  606 
Calhoun,  William,  765 
Calkins,  M.  Henry,  659 
Call  of    pastor,  proceedings,  565,  568, 
569 
form  of,  56.^ 

by  whom  subscribed,  565,  568 
how   certified   to   Presbytery,  565, 

568 
how  prosecuted,  568,  569 
only  through  Presbytery,  568 
Presbytery  refuses  to  permit,  569 
acceptance,  request  for  installation, 

568 
to  licentiate  of  another  Presbytery, 
569 
Campbell,  W.  W.,  729 
Canada,  ministers,  199 
Candidates  for  the  ministiy,  357-362 
licensing  of,  543-561 
by    what     Presbytery     taken     on 

trial,  545,  546,  549^  550 
transfer,  550.  551.  558 
examination   as  to  character,  331, 

552,  554,  555 
must  belong  to  some  Presbyterian 

church,  554 
liberal  education  required,  552 
where  they  may  study,  546,  547 
Presbyterial  oversight  of,  547-549 


888 


INDEX. 


Candidates,    relation  of,   to  Presbytery 
receiving,  550,  552 
time  of  study  for  licensure.  555 
as  to  extraordinary  ca»ses,  556,  559 
rules  as  to,    Board   of  Education, 
357-362 

Canonical  Books,  44 

Canvass.  Committee  of.  602.  603 

Card  playing  and  games  of  chance,  609, 
612,  616 

Carlisle,  Presbytery  of,  657,  764 

Carson,  W.  P.,  578,  702 

Carter,  John  Pym,  714 

Cases,  before  Sessions,  657,  658 
without  process,  of,  664-669 
delay  may  be  demanded,  664 
what  the  record  must  show,  664 
striking  from  the  roll,  665,  669 
excommiinication  not  without  pro- 
cess, 665 
pending  charges,  effect  of,  667 

Catechising,  public,  153 

Catechism,  standard  copy  of  Shorter,  18 
Heidelberg,  approved,  10 

Catechisms,  adopted,  3,  6,  10 

integral  parts  of  the  Standards,  8 
instruction  in,  enjoined,  823,  826- 
829,  856 

Cathcart,  Robert,  713,  721 

Censure,  not  removed  without  evidence 
of  rejientance,  657 
proportionate  to  the  offence,  604 
not  without  citation,  642 
without  ti'ial  unconstitutional,  642 

643 
disproportionate,  759,  765 
of  lower  judicatories,  246-258,  685, 

686,  691,  718,  719,  781 
of  private  prosecutor,  639 
when  unconstitutional,  683,  684 

Censures,  church,  infliction  and  removal 
of.  862-864 
inflicted  by  the  Session,  657 

Certifioate.     See    Dismission   and   Mar- 
riage. 

Chairman  of  committee,  266,  R.  9 

Chamberlain,  Hiram,  762 

Chambers,  John  W.,  778 

Chaplains,  210 

Charge,  at  ordination,  571 
at  installation,  577 

Charge,  alleges  but  one  offence,  640,  641 
must  be  in  writing,  642 
must  be  specific,  770 
e^ipecially  in  case  of  heresy,  641 
process  upon,  642-657 
proof  of  one  or  more  specifications 

proves  the  charge,  670 
proven  by  one  witness,  670,  671 
what  must  be  of  record,  652-654 
taking  up  charges,  the  entering  of 
process,  187 

Charges,  of,  640,  641 

Charges,  in  case  of  C.  A.  Briggs,  D.D., 
47-53 
in  case  of  H.  P.  Smith,  D.D.,  58-64 


Charters,  of  the  Boards,  etc.  See  Boards, 
and  Theol.  Seminaries. 

of  churches,  122-125 

Trustees,  Assembly,  334 
Chavis,  Jared  M.,  292,  783 
Children,  relation  of,  to  the  church,  634 

instruction  of,  034,  855,  856 
Children's  Day  commended,  830,  874 
Christ  the  Mediator,  of,  75 

righteousness  of,  71 

active  obedience  of,  79 

inherited  nature  of,  73 
Christian  liberty,  88 
Christians  cannot  live  in  habitual  sin, 

80 
Church,  Bethuel,  Esq.,  858 
Church,  of  the,  100,  101  (Conf.)  118-142 
(E.G.) 

spiritual  society,  5 

catholic  or  universal,  100 

distinct  from  civil  government,  5 

includes  many  denominations,  6,  92 

invisible,  100 

visible,  101 

unity  of,  102,  118 

authority  of,  117,  154 

spiritual  character  of.  111 

censures,  of,  110 

ofhcers  of.     See  Ofiicers. 

ordinances  in.    <See  Ordinances. 

government    and  judicatories,    154 
157 

relation  of,  to  the  State,  111,  154- 
156,  316 
Church,  particular,  defined,  118,  120,122 

mode  of  organization  of,  118,  119, 
120,  217 

extinct,  amenable    to   Presbytery, 
797 

collegiate,  defined,  183 

confessions  and  creeds,  166 

covenants,  local,  166 

membership,  reception  to,  166,  167 

withdrawal  of  a,  214 

imperfectly  organized,  120 

dissolution  of  a,  215,  216 

property'  of.  control  of,  123-142 

trustees  of  a,  122-1 42 
Church  registers,  174,  175 
Church  Erection,  Board  of,  372-387 

Committee,  275 
Churches  in  different  Presbyteries,  184 
Citation,  the  beginning  of  process,  657, 
692 

how  served,  643 

service  must  be  ascertained,  643 

of  accused,  151,  163,  643,  644 

of  parties,  642 

of  witnesses,  642 

refusal  to  obey,  643,  660 

second,  when  to  be  served,  643,  644 

when  not  necessary,  667 

of  a  congregation,  67rt,  577 

of  a  ])astor,  575,-577 

of  a  judicatory,  692 

how  attested,  642 


INDEX. 


889 


Civil,  courts,  decisions  of  not  conclusive, 
605,  707 
magistrate,  4,  5,  92,  111,  154,  316 
Civil  War,  the,  294,  871 
Clapp,  Theodore,  147 
Clark, T.  B.,  717 
Clerk,  Stated.  269-271 
I'ermanent,  272 
Temporary,  188,  272 
Clerks,  of,  685,  586 

not  necessarily  members,  586 
term  of  service  discretionary,  586 
duties  of,  585,  642.  673,  714,  729 
to  form  a  complete  roll,  266, R.  10 
to  file  all  papers  in  order,  266,  R. 

11 
to  receive  all   overtures,  etc.,  and 
hand  to  committee  of  B.  and  O., 
266,  E.  11 
Cochran,  John,  730 
Colmery,  William  W.,  707 
College  of  New  Jersey,  agreement,  430- 

432 
Collins,  Aaron  C,  662 
Colored,  members,  321 

candidates,  553 
Columbian  Exposition,  818 
Commandments,  Ten,  632 
Commission ,  General  Assembly,  form  of, 
595 
irregularities  and   defects   in,  596, 

597 
formal,  required,  595 
in  absence  of,  589,  590 
Commission  for  taking  testimony,  673 
Commission,   judicial.        See     Judicial 

Commissions. 
Commissioners  to  the  General   Assem- 
bly, 588-601 
when  appointed,  588,  589 
alternate   588,  592,  594 
ratio  of,  278,  595 
irregularity  in  appointing,  589 
attendance  enjoined,  591 
expenses  to  be  borne,  598 
excluded,  pending  action,  657 
expelled,  299 
Commissioners  to  i^rosecute  a  pastoral 

call,  569,  575 
Commissions,  committee  on,  260,  595 
Commit,  motion  to,  267,  R.  18,  19 
Committee,  how  appointed,  266,  R.,  7. 
chairman  of,  267,  R.  9 
of  judicial  business,  269,  R.  41 
of  prosecution,  269,  R.  42 
men,  plan  of  union,  591 
of  compromise,  713 
Committees  of  the  Assembly  : 

Aid  for  Colleges   and  Academies, 

275 
Benevolence,  275 
Bills  and   Overtures,  267,    R.    11, 

273,  274 
Church  Erection,  275 
Commissions,  260 
Correspondence,  275 


Committees  of  the  Assembly  : 
Education,  275 
Finance,  276 
Foreign  Missions,  275 
Freedmen,  275 
Home  Missions,  275 
Judicial,  269,  K.  41  ;  275 
Leave  of  Absence,  276 
Mileage,  276 
Ministerial  Relief,  275 
Narrative,  276 
Place  of  Next  Meeting,  334 
Polity  of  the  Church.  275 
Publication     and     Sabbath-school 

Work,  275 
Records  of  the  Synods,  277 
Systematic  Beneficence,  400 
Temperance,  276 
Theological  Seminaries,  275 
Committees,  special   appointments,  va- 
cancies, 264 
Common  fame,  not  gi'ound  of  process, 

635 
Communicant  classes,  852 
Communicants  as  voters,  530,  531,  878- 

880 
Communion  of  saints,  of  the,  102, 
Communion,  admission  to.     iSee  Sealing 
Ordinances, 
occasional,  858 
wine,  628,  853 
bread,  853 

cups,  individual,  853 
no  new  terms  of,  631 
invitation,  851 
Complainant,  697 
Complainants  : 

Baird,  E.  T.,  640  * 

Baird,  James  H.,  704 
Balch,  Hezekiah,  71-73 
Bancroft.  Addison,  703,  761 
Beecher,  W.  H.,  et  al.,  717,  768 
Birch,  George  W.  F.,  710 
Birch,  Thomas  L.,  725 
Bird,  Thompson,  et  a!.,  712 
Bose,  J.  C.,715 
Bradford,  Thomas,  712,  762 
Breed,  David  R.,  756,  758 
Brown,  Francis,  715,  720 
Bryant,  William,  et  al.,  767 
Calhoun,  William,  765 
Campbell.  W.  W.,  729 
Carlisle,  Presbytery  of,  657,  764 
Carson,  W.  P.,  578,  702 
Carter,  John  Pym,  114 
Cathcart,  Robert,  <t  al.,  713,  721 
Cincinnati.  Seventh  church,  764 
Clark,  T.  B..  717 
Cochran,  John,  730 
Colmery,  W.  W.,  707 
Cooper,  Thomas,  711 
Cornelison,  Isaac  A.,  773,  774 
Cowan,    Alexander   M.,    698,  712, 

773 
Craig,  W.  P.,  755 
Craighead,  Thomas  B.,  641-643,  769 


890 


INDEX. 


Complain  anta  : 

Crosby,  Arthur,  638,  702 
Cross,  Andrew  B.,  741 
Cummings,  J.  W.,  et  al.,  729 
Davidson,  J.  W.,  639 
Davis,  Henry,  732 
Dickinson,  James,  734 
Dobl)ins,  Robert  B.,  763 
Duffield.  George   713,  732 
Drake,  Charles  D.,  ft  nl.,  834,  835 
Eaton,  church  of,  707 
Edgar,  M.,  569,  703 
Erskine,  Ebenezer,  740 
Er-nin,  Wheeler,  734 
Farris,  Robert  P.,  it  al.,  703 
Finley,  R.  S.,  et  al.,  740,  766 
Fisher,  James  P.,  716 
Fletcher   Donald,  732 
Francis,  John  J.,  et  al,  710 
Gilbert,  E.  W.,  et  ah,  712 
Gould,  Samuel  M  ,  et  al.,  703,  714 
Graham,  Edward,  et  al.,  771 
Green,  Ashbel,  et  al.,  711 
Guild,  William  B.,  654 
Guy,  Alexander,  706 
Hamlin,  T.  S.,  etal.,  671 
Harmon,  Fisk,  714 
Hendrick,  James  P.,  eiah,  710 
Hindman,  Francis,  675,  724 
Hobbs,  Benedict,  748 
Hopkins,  D.  C,  683 
Hotchkiss,  G.  A.,  666 
Houston,  Samuel,  etah,  733 
Hynes,  Thomas  W.,  711 
Irish  Grove  church,  766 
James,  W.  H.,  e<a/.,  709 
Kern,  Christian,  773 
Knox,  Franklin,  769 
La  Crosse,  Presbytery  of,  705,  715 
Ledyard,  E.  D.,  785 
Lively,  W'illiam  M.,  733 
McClure,  David,  712 
McCook,  John  J.,  et  ah.  715,  720 
Mclver,  Colin,  <t  al.,  698,  716 
Mack.  John,  et  al.,  640 
McQueen,     Archibald,    663,    698, 

716 
Martin,  J.  W^,  707,  733 
Means,  John  C  ,  707 
Metcalf,  A.  D.,  721 
Mifflinburgh,  church  of,  704 
Monfort.  J.  G.,  et  al.,  782 
Nevin,  Alfred,  f^  a/.,  733 
Niccolls,  S.  J.,  et  al..  706 
Oakland,  church  of,  704 
Onondaga,  Presbytery  of,  774 
Park  church,  Newark,  698 
Passaic,  Presbytery  of,  721,  748 
Perkins,  William,  et  al,  765 
Philadelphia,  Fifth  church,  774 
Pirez,  Emanuel  R.,  769 
Presbytery  of  Philadelphia,  784 
Ramsey,  Jefferson,  et  al.,  741 
Reformed  Church  in  America,  776 
Robertson,  J.  D.,  707 
Rockefeller,  M.  A.,  etal.,  727 


Complainants  : 

Rollins,  Dr.  John,  774 
Russell,  James,  703,  781 
Saharanpur.  Presbytery  of,  760 
St.  Clairsville,  Presbytery  of,  702 
St.  Paul,  First  church  of,  704 
Salisbury,  J.  C,  et  al.,  752 
Sawyer, 'E.  M.,  733 
Shearer,  F.  E.,  705,  771,  772 
Shepherd,  Smiley,  781 
Skinner,  Thomas  H.,  705,  706,  719, 

784.  785 
Smylie,    James  A.,    633,  667,  772, 

740 
Strong,  George  P.,  733 
Synod   General  Reformed  Church, 

776 
Tate,  Mclver,  et  at.,  698,  716 
Turbitt,  John,  712,  736 
Van  Dyke,  Joseph  S.,  et  al.,  707 
W^ashington,     O.,     Presbytery    of, 

711 
West,    Nathaniel,    666,    705,   709, 

729,  768,  780,  784,  785 
Wheeler,  Erwin,  et  al.,  734 
W^eightman,  James  W.,  et  al.,  781 
AMiite,  William  P.,  780 
Woods,  J.  L.,  et  al.,  705,  781 
Complaint,  defined,  697 
who  may  complain,  697 
distinguished  from  appeal,  697 
same  matter,  appeal  and  complaint, 
698,  720 

should  be  consolidated,  720 
not  allowed,    686,    698-700,   702- 

707 
subjects  entertained,  711-713 
counsel,  654 
sustained,  717,  719 
dismissed,  671,  707.  709,  711,  714- 

717,  732,  733 
withdrawn,    706,    707,    709,    710, 

713,  714 
effect  of  withdrawal,  707 
written    notice    with    reasons    re- 
quired, 714-716 
when   notice  must  be  given,  714- 

717 
right    to  complain  lost,  716,  732, 

733 
when  lodged  with  Clerk,  717 
not  in  order,   705,   709,    710,  711, 

715,  716 
in    cases  non-jxadicial,  the  parties, 

719 
may  stay  execution,  717 
if  in  order,  mode  of  procedure,  717, 

743-748 
who  may  not  sit  and  vote  in  the 

case,  719 
either  party  may  appeal,  719 
right  not  lost  by  approval  of  min- 
utes, 687 
to  the  Assembly  direct,  785 
See  Appeals,  and  Decisions. 
Concurrent  declarations,  36 


INDEX. 


891 


Confession  op  Faith  :  text  of,  and  de- 
cisions. 

Chap  I.     Of  the  Holy  Scripture, 
Sees  i  ii,  44-65 
Sees,  iii-x,  65-67 
Chap.  II.     Of  God  and  of  the  Holy 
Trinity, 
Sees,  i-iii,  67 
Chap.  III.     Of    God's   eternal    de- 
cree. 
Sees,  i-viii,  68,  69 
Chap.  IV.     Of  creation, 

Sees,  i,  ii.  69 
Chap.  V.     Of  providence. 

Sees,  i-vii,  69,  70 
Chap.  VI.     Of  the  fall  of  man,  of 
sin,  etc., 
Sees,  i-vi,  70-74 
Chap.  VII.     Of     God's     covenant 
with  man, 
Sees,  i-vi,  74,  75 
Chap.  VIII.     Of  Christ  the  Media- 
tor, 
Sees,  i-viii,  75-77 
Chap.  IX.     Of  free  will, 

Sec.  iv,  77 
Chap.  X.     Of  effectual  calling. 

Sees,  i-iv,  77,  78 
Chap.  XI.     Of  justification, 

Sees,  i-vi,  78-  83 
Chap.  XII.     Of  adoption, 

Sec.  i,  83 
Chap.  XIII.     Of  sanctification. 

Sees,  i-iii,  83 
Chap.  XIV.     Of  saving  faith, 

Sees,  i-iii,  84 
Chap.  XV.     Of     repentance     unto 
life, 
Sees,  i-vi,  84,  85 
Chap.  XVI.     Of  good  works, 

Sees,  i-vii,  85,  86 
Chap.  XVII.     Of  the  perseverance 
of  the  saints, 
Sees,  i-iii,  86 
Chap.  XVIII.     Of  the  assurance  of 
grace  and  salvation, 
Sees,  i  iv,  86,  87 
Chap.  XIX.     Of  the  law  of  God, 

Sees,  i-vii,  87,  88 
Chap.  XX.     Of    Christian  liberty, 
and  liberty  of  conscience, 
Sees,  i-iv,  88,  89 
Chap  XXI.     Of  religious  worship 
and  the  Sabbath  day. 
Sees,  i-viii,  89-91 
Chap.  XXII.     Of  lawful  oaths  and 
vows, 
Sees,  i-viii,  91,  92 
Chap.  XXIII.     Of  the  civil  magis- 
trate, 
Sees,  i-iv,  92,  93 
Chap.  XXIV.     Of    marriage     and 
divorce. 
Sec.  i,  93-96 
Sees,  ii-iv,  96,  97 
Sees.  V,  vi,  97-100 


Chap.  XXIV.     Of  the  Church, 
Sees,  i-v,  100,  101 
Sec.  vi,  101,  102 
Chap.  XXVI.     Of  the  communion 
of  saints, 
Sees,  i-iii,  102 
Chap.  XXVII.     Of  the  sacraments, 

Sees.  1-v,  103 
Chap.  XXVIII.     Of  Baptism, 
Sees.  i,ii,  103-107 
Sees,  iii,  iv,  107,  108 
Sees,  v-vii,  108,  109 
Chap.  XXIV.     Of  the  Lord's  Sup- 
per, 
Sees,  i-viii,  109,  110 
Chap.  XXX.     Of  church  censures, 

Sees,  i-iv,  110,  111 
Chap.  XXXI.      Of      synods      and 
councils, 
Sees,  i-iv.  111,  112 
Chap.  XXXII.     Of     the    state    of 
man  after  death,  and  of  the 
resurrection  of  the  dead. 
Chap.  XXXIII.     Of  the  last  judg- 
ment, 
Sees,  i-iii.  113,  114 
The  Creed,  114,  115 
Confession  of  Faith,  the,  44-115 
adopted,  17-29,  2,  3,  4  ;  1788,  6 
mode  of  adopting,  5 
authority  of,  7,  38 
how  amended,  19,  601,  602 
Confession  of  giiilt,  664 

sentence  upon,  660,  661 
Congregation  defined,  878,  879 
organization  of,  118,  119,  120 
transfer  of  2-2() 
vacant,  148,  185,  588 
Congregational  meetings,  124,  125 

records  of,  678,  679 
Connell,  Joseph,  579,  757 
Consanguinity,  degree  of,  96,  97 
Conscience,  freedom  of  116,  155 

liberty  of,  88 
Consent  of  parties,  576,  652,  675 
Constitution,  of  the  Church,  3 
adoption  of,  3 
amendments  to,  6 
publication  of,  14-20 
publication  and  circulation  of,  14-16 
Permanent    Committee    of    Super- 
vision, 17 
new  edition,  1891,  18-20 
title-page  changed,  20 
proof-texts,  1794-1894,  21-26 
how  amended,  602 
Constitutional  principles,  155 
Constitutional  rule,  No.  1,  330 

No.  2,  331 
Contingent  Fund,  598 
Continuance  of  cases,  733,  736,  737,  768, 

769 
Contributors  to  support  of  church,  564, 

565,  878-880 
Contumacious,  submission  of,  644 
exclusion  of,  754 


892 


INDEX. 


Contumacy,  643,  657,  674,  770 

refusal  to  testify  is,  674 

censure  for,  644 

not  charged  on  first  citation,  644 

not  to  be  hastily  inferred,  643,  770 

rights  of  those  charged  with,  754,755 

su'-pension  for,  657,  660 
Conversion.  80   81,  857 
Cooper,  J.  A.,  758 
Cooper,  Thomas,  711 
Copy,  of  proceedings,  642 

of  charges,  etc.,  642 

of  sentence,  655 
Cornelison,  Is^aac  A.,  773,  774 
Correction,  of  error,  689,  690 

of  records,  680 
Correspondence,  Committee,  275 
Correspondence,  with  foreign  Churches, 
306 

Churches  in  America,  311 

only  -nith  ecclesiastical  bodies,  325, 
630 
Corresponding  members,  of  Presbytery, 
227,  228 

of  Synod,  243 

of  tiie  Assembly,  277 
Counsel,  for  accused,  645,  654 

for  the  respondent,   654 

professional,  not  allowed,  654,  655 

must  be  a  member  of  the  judica- 
tory, 654 

may  not  vote,  654 
Covenant,  God's,  with  man,  of,  74,  75 

of  grace,  74,  75 

of  works,  74,  79 
Covenants,  church,  166,  167 
Cowan,  Alexander  M.,  698,  712,  773 
Craig,  W.  P.,  755 

Craighead,  Thomas  B.,  80-83,  641,  643, 

644,  730,  737-739,   761,  769,  771,  777 

Craven,  E.  R.,  v.  vi,  vii,  13,  17,  18,  20, 

24 
Creation  of,  69 
Creed,  the  Apostles',  114 

authorized  alterations,  114 
^  Critical  exercise,  554 
Criticism,  Higher,  45-56,  58-65 
Crosby,  Arthur,  638,  702 
Cross,  Andrew  B.,  741 
Cross,  John,  575 
Cross-examination,  651 
Cruelty  to  animals,  630 
Cumberland  Presbyterians,  105,  307 
Cummings,  J.  W.,  et  al.,  729 

Dancing,  promiscuous,  607-609 

schools,  608 

social,  608,  612 
Danville    Theological    Seminary,    476- 

491 
Davidson,  J.  W.,  639 
Davis,  Henry,  732 
Davis,  M.,  733 
Davis,  Thomas,  739 
Davis,  William  C,  79,  770 
Deaconesses,  no  authority  for,  532 


Deacons,  of,  151-153 
functions  of,  152 
may  be  also  elders,  152 
may  serve  the  Lord's  Table,  153, 

854 
control  funds  for  the  poor,  153 
may  not  sit  in  church  courts,  153 
election  of,  525,  529 
ordination  of,  533,  534 
term  of  service.  535,  536,  541,  543 
may  cease  to  act,  537 
resignation  of,  538 
must  be  males,  525 
oflSce  perpetual,  535 
as  trustees,  152 
Dead,  burial  ot  the,  869 
Death  of  appellee  bars  prosecution,  721 
Decision,  judicial,  757-785 
reasons  for,  given,  780 
must  be  respected  until  set  aside, 

685,  686,  689,  691,  754,  755 
xn&j  not  be  reversed  on  review  ol 

records,  691 
or  without  assigning  reason,  775 
confirms  lower  judicatorv,  639,  640. 

644,  751,  752,  757,  758 
confirms  in  part,  763,  764 
reverses  lower  judicatory,  604,  605. 

651,  753,  759,  760-764,  774 
reverses  in  part,  763,  764 
restores  the  statvs  quo,  775 
annuls  the  act  complained  of,  759- 

762 
annuls  the  appeal,  740,  743 
sustains  the  lower  judicatory,  743, 

753,  760-763,  766 
sustains,  and  reverees,  717,  763 
and  orders  hearing.  768 
sustains  in  pai't,  764,  774 
declares  and  decides  the  issue,  774 
sustains  ;)ro/or?«rt,  756,  762,  765 
remands,  for  new  trial,  46,  763,  767, 
768.  772,  780 
with  instructions,  653,  769,  771, 

772 
for  reconsideration,    740,   741, 
753,  763,  767.  768 
revokes  sentence,  765,  774 
explains  intent  of  action,  776 
suspends    in    absence    of    records, 

720,  743 
dismisses,  698,  702,  703 
dismisses  in  absence  of  appellant, 

739 
gives  leave  to  withraw,  706-711 
stay  of  execution.  717 
may  not  open  a  case  settled,  773 
postpones  in    absence   of    records, 

781 
restores  the  censured,  762,  764,  765, 
774,  775,  779,  863 
Decisions  of  civil  courts,  605,  707 
Declaration   and   Testimony,  the,   683, 

712,  713,  790 
Decree,  Eternal,  68 
Defendant.     See  Accmed. 


INDEX. 


893 


Delegates  to  judicatories,   expenses  of, 
548 
Assembly  appoints  only  to  ecclesi- 
astical bodies,  325,  630 
Demission,  of  ministry,  211 
eldership,  535 
diaconate,  535 
Deposed  minister,  662,  794 
standing  of,  664 

name  to  be  published,  when,  663 
who  may  restore,  662 
if  restored,  to  be  reordained,  664 
condemned  again  only  on  new  pro- 
cess, 774 
Deposition,   from   ministry,    661,    667, 
751 
by  another  denomination,  776,  777 
from  office,  657 

and  excommunication  distinct,  207, 
657,  658 
Desecration  of  Sabbath,  808,  809 
Desertion,    willful,  ground  of   divorce, 

93 
Dickinson,  James   734 
Differences  between  judicatories,  805 
Digest,  proposed,  1809,  iii 

committee  appointed,  1818,  iii 
published,  1820,  iii 
1850  (Webster),  iii 
1856  (Baird),  iii 
1859  (revision),  iii 
1861  (Moore),  iv 
1873  (Moore),  iv 
1886  (Moore),  iv 
1898  (Moore),  v 
1898,  Plan  of,  vi 
Dimmick,  Francis  M.,  773 
DiKECTOEY  FOR  WoKSHiP  :  text  of,  and 
decisions. 
Chap.  I.     Of  the  sanctification    of 
the  Lord's  day. 
Sec.  i,  806-808 
Sec.  ii,  808  821 
Sees,  iii-v,  821 
Sec.  vi,  821-831 
Chap.  II.     Of  the  assembling  of  the 
congregation   and    their  be- 
havior during  divine  service, 
Sees,  i,  ii,  831 
Chap.  III.     Of  the  public  reading 
of  the  holy  scriptures, 
Sees,  i,  ii,  832,  833 
Sec.  iii,  833-835 
Chap.    IV.       Of     the    singing    of 
psalms. 
Sec.  i,  835,  836 
Sec.  ii,  836,  837 
Sees,  iii,  iv,  837,  838 
Chap.  V.     Of  public  prayer. 

Sees,  i-iv,  838-840 
Chap.  VI.     Of  the  worship  of  God 
by  offerings, 
Sees,  i,  ii,  840-843 
Sec.  iii,  843 
Sec.  iv,  843,  844 


Chap.   VII.     Of  the  preaching  of 
the  Word, 
Sec.  i,  844 
Sec.  ii,  844,  845 
Sees,  iii-vi,  845 
Chap.  VIII.     Of  the  administration 
of  Baptism, 
Sec.  i,  845,  846 
Sees,  ii,  iii,  845,  847 
Sec.  iv,  847-849 
Sec.  V,  849 
Chap.  IX.     Of  the  administration 
of  the  Lord's  Supper, 
Sec.  i,  849,  850 
Sec.  ii,  850 
Sec.  iii,  850-854 
Sec.  iv,  850-852 
Sec.  V,  852-854 
Chap.  X.     Of  admission  to  sealing 
ordinances. 
Sec.  i.  854-857 
Sec.  ii,  857 
Sec.  iii,  857-860 
Sec.  iv,  861-862 
Chap.  XI.     Uf  the  mode  of  inflict- 
ing and  removing  censures. 
Sees,  i-iii,  862 
Sees,  iv-vii,  863 
Sec.  viii,  864 
Chap.  XII.     Of  the  solemnization 
of  marriage, 
Sees,  i-iv,  864 
Sees.  V,  vi,  865 
Sees,  vii,  viii,  866,  867 
Chap.  XIII.    Of  the  visitation  of 
the  sick. 
Sees,  i-iii,  867 
Sees,  iv-x,  868 
Chap.  XIV.     Of  the  burial  of  the 
dead, 
Sees,  i,  ii,  869 
Chap.  XV.     Of  fasting  and  thanks- 
giving. 
Sees,  i,  ii,  869 
Sees,  iii,  iv,  870,  871. 
Sees,  v-viii,  875 
Chap.   XVI.       Secret  and   family 
worship. 
Sees,  i-v,  875,  878 
Directory    for  Worship     adoption,    4, 
7,  14 
amended,  1884-86,  14 
Directory   for  secret   and   family  wor- 
ship, 875-877 
Discipline,  Book  of.     See  Book  of  Dis- 
cipline. 
Discipline,  its  nature,   ends,   and  sub- 
jects, 604-635 
reasons  for  must  be  given,  691 
subjection  to,  859 
enjoined,  808 

of  a  minister,  only  by  his  own  Pres- 
bytery. 658 
by  Boards,  not  recognized,  659 
not  subject  to  review,  773 
not  subject  of  complaint,  702,  703 


894 


INDEX. 


Discretion,    of    judicatories,    728,    729, 
757 

of  Prtsbytery,  147,  192,  200,  202, 
205,  216,  220,  638 

of  Stssion,104,  106,  161,  169,171, 
854,  857 

age  of,  847.  857,  864 

years  of,  857 

misuse  of,  is  reviewable,  638,  702 
Dismission,  letter  of,  167, 169,  205,  540, 
(>()6,  796-798 

should  include  baptized  children, 
798 

effect  of,  793,  795 

when  it  takes  efftct,  741,  795,  796 

must  bpetify  the  church,  796 

who  miiy  grant,  796,  800,  801 

not  by  a  standing  committee,  201, 
796 

to  join  another  denomination,  798 

of  a  suspended  member,  799 

may  be  irregular  but  valid,  7!/9 

return  of,  792 

should  be  acknowledged,  800-801 

of  elders,  792 

of  ministers,  794,  796,  801 

of  licentiates,  796,  801 
Dissents  and  prot».st.«,  of,  786-791 
Dissolution,  of  a  church,  215-217 

of  pastoral  re'ation,  200,  575-580 

of  Assembly,  Formula,  334 
Distinctions  of  lace,  color  or  language 

not  allowed,  179 
Diversion  of  funds,  601 
Division  on  a  vote,  268,  R.  27 
Division  of  the  Clmrch  in  1838,  31 
Divorce,  for  adultery,  97 

for  cause  o'her  than,  98,  99 

desertion  cause  for,  93 
Dobbins,  Robt.  B. ,  745,  746,  763 
Doctrinal,  purity,  letter  on,  294 

errors,  testimony  against,  281-283 
Doctrine,  deliverances  on.  114 

explication  of,  283-285 

action  on,  1869,  O.S.,  and  protest, 
285 

answer  to  protest,  285-288 
Dodd,  Luther,  687 
Documents,  historical,  1-43 
Dogma  no  new  definition  of,  57 
Donald,  Fletcher,  732 
Donaldson,  Heber,  781 
Drake,  Charles  D.,  et  al.,  758,  834,  835 
Dubuque   Theological  Seminary,    Ger- 
man. 510-512 
Dne  diligence,  735,  736 
Duffield,  Geo.,  713,  732 
Dull,  Nannie  J.,  245 
Dueling,  617 

Eaton,  church  of,  707 
Ecclesiastical  year,  close  of,  880 
Edgar,  M.,  569,  703,  724 
Education,  Committee,  275 
Board,  351-362 


Education  for  the  ministry.    See  Board 
of,  351-362 

liberal,  required,  552,  554,  555 

in  exceptional  cases,  553,  557 
Effectual  calling,  of,  77 
Elders,  ruling,  of,  148-151 

must  be  male,  525 

ofiSce  perpftui.ll,  535 

assistants  to  mini.'^ter,  148 

ministers    may   not    be,    151,  527, 
528,  529 

rule  ouly  where  elected,  149,  158 

rule  in  but  one  church,  149 

essential  to  the  existence  of  a  Pres- 
byterian church,  148 

may   not  administer  sealing   ordi- 
nances, 103,  151 

without  charge,  149,  537,  595 

rights  and  duties  of,  151 ,  587 

laying  on  of  hands  by,  149,  572 

electing  and  ordaining  of,  524-543 

meeting  to  elect,  called  by  the  Ses- 
sion, ?25,  526 

should  the  Session  refuse,  526 

the  pastor  presides,  526 

election  of,  148,  529,  532 

electors  of,  5H0,  531,  878 

elder-elect,  159 

non  resident,  160 

ordination,  necessary,  159,  534 
mode  of,  533.  534 

installation  of,  533 

reinstallation,  on    reelection,    534, 
535,  541,  542 
mode  of,  535 

may  cease  to  act  214,  537,  538,  539, 
540,  541 

to  whom  to  resign,  538,  539 

how  they   may   be   removed,    537, 
538 

trial  of,  158,  664 

term  service  of,  541 ,  542,  543 

a  perpetual  office,  53.^,  536 
Eldon's,  Lord,  rulinj»,  138 
Election,  God's,  lo  salvation,  not  on  fore- 
sight, 68,  75 
Election  and  ordination  of  bishops  or 
pastors,  and  evangelists,  561-575 

steps  to  be  taken,  561-563 

who  calls  the  meeting,  561,  562 

who  presides,  563 

who  are  the  electors,  563-565,  878- 
880 
authoritative  list  of,  565 

majority,  rights  of,  565 

the  call.  565,  568,  569.     See  Call. 

ordination  trials  for,  569 

order  of,  569-573 

form  of,  571,  572 

part  of  elders  in,  149,  572 

lay,  invalid,  572 

sine  titulo,  574 

by  a  commission  unconstitutional, 
192,  571 
Elections,  deacons,  525,  878 

elders,  529 


INDEX. 


895 


Elections,  ministers,  561,  878 
trustees,  of  Assembly,  338 
trustees  of  a  church,  124,  880 
Elective  affinity  Presbyteries,  178 
Ellis,  John  W.,  732 
Engineers,  Sunday  work,  813 
Entertainment,  Committee  on,  264 
Error,  specifications  of,  729 

corrected  on  proof,  689,  690 
See  Records. 
Erskine,  Ebenezer,  740 
Erwin,  Wheeler,  734 
Evangelist,  ordination  as,  573 
functions  of,  573,  575 
local,  330,  331,  557 
Evidence,  of,  669-677. 

caution  in  receiving,  669 

kinds  of,  670 

under  oath  and  recorded,  672,  673, 

771 
taken  by  commission,  673 
new,  674-676 
new  trial,  674-677 
records  of  judicatories  are,  673 
filing  of,  652 

See  Testimony  and  Witnesses. 
Evil  reports,  spreading  of,  635,  636 
Examination.     See  Admission,    Candi- 
dates, Ministers. 
Exceptions,  to  proceedings,  654 
to  records  of  Synods  : 
Baltimore,  682 
California,  688 
Cincinnati,  681,  682,  683,  686, 

687 
Colorado,  681 
Geneva,  683 
Illinois,  682 
Illinois,  North,  691 
Indiana,  683-691 
Kansas,  682 

Kentucky,   684,  685,  688,  697 
Michigan,  683 
Minnesota,  681 
Missouri,  685 
Onondaga,  691 
Pacific,  681,  684 
Pennsylvania,  681,  688 
Philadelphia,  682,  683 
Pittsburgh,  684 
Tennessee,  681,  682 
Utica,  697 
Wheeling,  691 
Exceptions  must  be  recorded, 690,  691 
Excluding  Act,  1837,  31 
Exclusion,  from  communion,  643 
from  the  judicatory,  656,  664 
of  stenographer,  652 
of  witnesses  and  parties,  651 
Excommunicated  restored,  861 
Excommunication,  657,  863,  864 
form  of,  863 
of  one  suspended,  660 
Exegesis,  Latin.,  554 
Explanatory  minute,  55,  742,  753 
Explication  of  doctrines,  283-285 


Expounding  the  Scriptures,  153 
Expulsion  of  commissioner,  299 
Extinct,  church,  797 
Presbytery,  203 

Faith,  articles  of,  3,  80,  84 
Fall  of  man,  of,  70 

Family,  instruction  and  training,  826, 
848,  856 
religion,  875-877 
Farris,  Robert  P.,  703 
Fasting,  duty  of,  153,  869 
Fasting  and  thanksgiving,  days  of,  869- 

875 
Ferguson,  William  M.,  299, 
Filing,  objections,  650 

reasons  for  appeal,  714,  729 
Finance  Committee,  276 

appropriations  referred,  264 
Finley,  Roberts.,  654,  740,  766 
Fishback,  George,  721,  730 
Fisher,  James  P.,  716 
Fletcher,  Donald,  732 
Francis,  John  J.,  et  al.,  710 
Frazer,  Alexander,  665,  747,  757 
Frazer,  W.  J.,  722 
Foreign  ministers,  196 
Foreign  Missions,  Committee,  275 

Board,  349-351 
Foreknowledge,  of  God,  75 
Form  of  Government  :  text  of,  and 
decisions. 
Chap.  I.     Preliminary  principles. 

Sees,  i-viii,  116 
Chap.  II.     Of  the  Church. 
Sec.  i,  118 
Sec.  ii,  118 
Sec.  iii,  118 
Sec.  iv,  118-142 
Chap.  III.     Of    the  officers  of  the 
Church. 
Sec.  i,  142 
Sec.  ii,  143 
Chap  IV.     Of  bishops  or  pastors, 

143-148 
Chap.  V.     Of  ruling  elders,  148-1 51 
Chap.  VI.     Of  deacons,  151-153 
Chap.  VII.     Of    ordinances    in    a 

particular  church,  153 
Chap.  VIII.   Of  church  government, 
and    the    several    kinds    of 
judicatories. 
Sec.  i,  154 
Sec.  ii,  154-157 
Chap.  IX.     Of  the  church  Session. 
Sec.  i,  157-159 
Sec.  ii,  159-161 
Sec.  iii,  161,162 
Sec.  iv,  162 
Sec  V,  163 
Sec.  vi,  163-173 
Sec.  vii,  173 
Sec.  viii,  173,  174 
Sec.  ix,  174-176 


896 


INDEX. 


Chap  X.    Of  the  Presbytery. 

Sec.  i,  177 

Sec.  ii,  177-183 

Sec.  iii,  183 

Sec.  iv,  183-185 

Sec.  V,  185 

Sec.  vi,  185 

Sec.  vii,  185-190 

Sec.  viii,  190-224 

Sec.  ix,  224,  225 

Sec.  X,  225-227 

Sec.  xi,  227 

Sec.  xii,  227,  228 
Chap.  XI.     Of  the  Synod. 

Sec.  i,  229-239 

Sec.  ii,  239-243 

Sec.  iii,  243-246 

Sec.  iv,  243-246 

Sec  V,  246 

Sec.  vi,  246-259 
Chap.  XII.     Of    the    General    As- 
sembly. 

Sec.  i,  259-278 

Sec.  ii,  278,  279 

Sec.  iii,  279 

Sec.  Iv,  279-281 

Sec.  V,  281-330 

Sec.  vi,  330,  331 

Sec.  vii,  331-333 

Sec.  viii,  333-524 
Chap.  XIII.     Of    electing  and   or- 
daining  rilling    elders  and 
deacons. 

Sec.  i,  524 

Sec.  ii,  525-533 

Sees,  iii-iv,  533 

Sec.  V,  533-535 

Sec.  vi,  535  537 

Sec  vii,  537-541 

Sec.  viii,  541-543 
Chap.  XIV.     Of    licensing     candi- 
dates    or     probationers    to 
preach  the  Gospel. 

Sec.  i,  543-545 

Sec.  ii,  545-552 

Sec.  iii,  552-554 

Sec.  iv,  554,  555 

Sec.  v,  555 

Sec.  vi,  555-557 

Sec.  vii,  557 

Sees,  viii-x,  558 

Sec.  xi,  559-561 
Chap.  XV.     Of  the  election  and  or- 
dination of  bishops  or  pastors, 
and  evangelists. 

Sec.  i,  561-563 

Sec.  ii-iii,  563 

Sec.  iv,  563-565 

Sec.  v,  565 

Sec.  vi,  565-568 

Sec.  vii,  568 

Sec.  viii,  568 

Sec  ix,  568,  569 

Sec.  X,  569 

Sec.  xi,  569,  570 

Sec.  xii,  570,  571 


Sec.  xiii,  571 
Sec.  xiv,  571-573 
Sec.  XV,  573-575 
Chap.  XVI.     Of  translation,  or  re- 
moving a  minister  from  one 
charge  to  another. 
Sec.  i,  575 
Sec.  iij  575,  576 
Sec.  iii,  576 
Sec.  iv,  576 
Sees,  v-vii,  576,  577 
Chap.  XVII.     Of  resigning  a  pas- 
toral charge,  577-580 
Chap.  XVIII.    Of  missions,  581-584 
Chap.  XIX.     Of  Moderators. 
Sec.  i,  584 
Sec  ii,  584,  585 
Sec.  iii,  585 
Chap.  XX.    Of  Clerks,  585,  586 
Chap.  XXI.     Of   vacant  congrega- 
tions assembling  for  public  wor- 
ship, 587,  588 
Chap.  XXII.     Of  commissioners  ta 
the  General  Assembly. 
Sec.  i,  588-595 
Sec.  ii,  595-598 
Sec.  iii,  598-601 
Chap.  XXIII.    Of  amendments. 
Sees,  i,  ii,  601 
Sees,  iii-vi,  602 
Sec.  vii,  602,  603 
Form  of  Government,  the,  adopted,  and 
amended,  12 
amendments  to,  12,  13 
Form,  of  ordination  of  elders  and  dea- 
cons, 533 
of  ordination  of  ministers,  571,  572 
of  licensure,  558 
of  call,  565 
of  installation,  577 
of  oaths  or  affirmations,  672 
of  administration  of  Baptism,  847 
of  administration  of  the  Lord's  Sup- 
per, 849  854 
of  suspension,  862 
of  excommunication,  863 
of  restoration,  863,  864 
of  marriage,  866,  867 
Fraud,  effect  of,  166 
Free  agency,  77 
Free  Church  of  Scotland,  138 
Freedmen,  Committee,  275 

Board,  393-396 
Free  will,  77 
Funerals,  869 

Gambling,  615,  616 

Games  of  chance,  612,  613 

Gazley,  Sayres,  67 

General  Assembly,  of  the,  259-524 

formation  of,  260 

organization  of,  260,  261 

time  of  meeting,  260 

place  of  meeting,  333 

standing  orders  and  rules  of,  263- 
265 


INDEX. 


897 


General  Assembly,  officers  of,  269-273 

standing  committees  of,  273-277 

commissioners  to,  278,  588-601 

quorum  of,  279 

members  of,  corresponding,  277,  598 
advisory,  597 

dissolution,  333 

ti  us- tees  of,  334 

adjourned  meetings,  331 

powers  of.     See  Powers. 

Lord's  Supper,  262 
General  Presbytery,  1'706,  1 
.General  review  and  control,  678-682 
|}General  rules  for  judicatories,  265-269 
General  rules  of  process,  642-657 
General  Synod,  1717,  1,  2 
German  Theological  Seminaries, 

Dubuque,  510-512 

Newaik.  512-516 
Gilbert,  E.  W.,  712 
Giles,  ChloeG.,  739 
Glebe  and  parsonage,  565-567 
Glenn,  Eol>ert.  202 
Gloucester,  John,  553 
God,  of,  67 

God's  covenant  with  man,  of,  75 
(lOd's  eternal  decree,  of,  68 
Good  standing.     See  Dismission. 
Good  works,  of,  85 
Gordon,  John,  759' 
Gospel  Plan,  Davis,  770 
Gould,  Samuel  M.,  703,  714 
Graham.  Edward,  771 
Green,  Ashbel,  711 
Griffiths,  John,  553 
Guild,  William  B.,  654 
Guy,  Alexander,  706 
Gwinn,  Andrew,  676,  759 

Hamilton,  Duncan,  735 
Hamilton,  Jas.  W.,  695 
Hamlin,  T.  S.,  et  al.,  671 
Hammond,  H.  H.,  et  al.,  732 
Harker,  Samuel,  75 
Harmon,  Fisk,  714,  794 

Harney,  ,  750 

Harris,  Anna  B.,  734 

Haste,  undue,  judicial  cases,  639,  643 

Hawes,  Newton,  732,  763 

Heathen  as  witnesses,  669 

Heidelberg  Catefhism,  10 

Hendrick,  James  P  ,  et  al.,  710 

Heresy,  conviction  of,  not  by  inference, 

53,  81 
Heresy  and  schism,  charge  of,  661 
Hermon  church,  703,  730,  761 
Higher  Criticism,  45-56,  58-65 
Hill,  Maria.  644 

Hindman,  Francis,  674.  675,  724 
Historical  Documents,  1-43 
Hobbs,  Benedict,  748 
Holy  Spirit,  agency  of,  80,  81 
Home  Mis-ions,  Committee,  275 

Board,  342-349 
Honorably  retired  ministers,rights  of,  145 

annual  stipend,  391 

o7 


Hopkins,  D.  C,  683 

Horse  racing  and  betting,  615 

Hotchkiss,  G.  A.,  666 

House  of  worship,  control  of,  123-126 

Houston,  Samuel,  et  al.,  733 

Howard,  Burt  Estes,  752-755 

Howe,  S.  S.,  728 

Hudson,  Presbytery  of,  569,  724 

Hulbert,  H.  W.,  464 

Hummer,  Michael,  725,  726,  794 

Husband  and  wife,  testimony  of,  670 

Hymnal,  836,  837 

Hymns,  singing  of,  835-837 

Hynes,  Thomas  W.,  711 

Ignorance  of  Rules,  735,  736 
Imposition  of  hands,  149-1 51, 534, 698, 726 
Impcjstor,  baptism  by,  304 
Imputation,  71 
Incestuous  mairiages,  96,  97 
Incompetency,  challenge  for,  669 
Independent,  Presbyterians,  10 

ministers,  212 
Index,  883-909 
India,  Synod  of,  157 
Individual  prosecutor,  635 
Inerrancy  of  the  "Word  of  God,  45,  46^ 

57,  668 
Inlanc  y,  age  of,  845,  846 
Infants,  baptism  of      See  Baptism. 

salvation  of.  72 
Informality,  effect  of,  188 

waiver  of,  644,  645 
Inspiration  of  the  Scriptiires,  44-65 
Installation,  of  deacons,  533 

elders,  533,  541 

pastors,  576,  577 

insisted  on.  568 

refused,  567 
Instruction  ot  youth,  821,  822,  826,  829 
Instructions   in   iudicial   cases,    80-83, 
653,  675,  712,  713,  717,  767,  769,  771, 
772,  783 
Insubordination  censured,  684,  685 
Intemperance.      See  Temperance. 
Interested  parties,  638,  669,  688,   719, 

739,  741 
Interlocutory  meetings,  268,  E.  39 

minutes  of,  653,  772 
Interpretation,  of  Sec.  99,  749,  750 

of  Sec.  100,  777 
In  thesi  deliverances,  279,  280,  699-702, 

726 
In  transitu,  795,  796 
Introduction,  iii-vii 
Invalid  acts,  104,  106,  189,  190 

legalized,  189,  190 
Investigation,  demanded,  637,  638,  702 

discretionary,  638 
Irregular  action,  684,  686,  691,  726,  764, 
765 

not  necessarily  invalid,  526,  534 

effect  of,  683,  761,  762 
Irregular  ministry,  859 
Irish  Grove  church,  766 
Irvine,  D.  W.,  706 


898 


INDEX. 


James,  W.  H.,  709 
Judgment,  affiriued,  742 
entering  of,  651 
reversed,  717,  742 
withoiit  process,  subject  to  appeal, 

664 
in  absence  of  accused,  645,  660 
on  coufession,  660 
in  appeals,  651 
Judgment,  the  last,  of,  113 
Judicatories,  neglect  by,  692 
censure  of,  718,  719 
extent  of  power,  645-650 
members  of  not  voting,  267,  R.  25 
conduct  of,  268,  R.  31-35 
order  in  speaking,  268,  K.  29,  30 
may  not  sit  on  appeal,  739-741 
aggrieved,  268,  K.  36 
may   not  vote   on    their    own 
lecords,  688 
different  kinds,  154 
citation  of,  692 
minutes  of,  652,  772 
private  sessions  of,  268,  R.  38 
interlocutory  sessions,  268,  R.  39 
judicial  sessions,  269,  R.  40 
closing  services,  269,  R.  43 
Judicial  authority,  where  lodged,  156 
Judicial  case,  to  be  without  interrup- 
tion, 651 
suspended  for  records,  720,  780 
continued,  733 
referred  by  consent,  773 
referred  by  advice,  773 
vote  in,  752,  772.    See  Instructions. 
Judicial  commissions,  740,  752,  834,  835 
findings  of.  753,  755,  756,  834,  835 
provisions  for,  803-805 
members,  number  of,  803 
quorum  of,  805 

what  may  be  tried  by,  707,  708,  803 
questions  of  law  referred  to,  803 
who  may  sit  on,  805 
Judicial  committee,  duties  of,   269,  R. 
41  ;  742 
report  of,  743,  744 
as  a  judicial  commission,  752 
Judicial   decision,  not  reversed   on  re- 
view, 691 
reversed,  719.     See  Decisions. 
Judicial   trial,   records   must  be    sent, 
779-781 
may  not    order    rehearing,  except 
on  new  evident  e,  675 
Jurisdiction,  in  cases  of  dismission,  791- 
797 
over  suspended  member,  166,  793 
over  deposed  minister,  794 
over  suspended  minister,  795 
Jurisdiction,    original,    163,    164,    265, 
642,  683,  717 
defined,  141 
Presl.ytery,  190 
Synod,  244.  683.  797 
General  Assembly.  279-281 
appellate,  244,  717 


Jurisdiction,  of  Session,  560,  791,  792 
efi"ect  of  notice  on,  761,  777,  778, 
804 
Justification,  of,  78-83 

Kent,  Chancellor,  331 
Kern,  Christian,  773 
Ketchum,  A.  P.,  548 
Kingdom  of  Christ,  100,  8.39 
Kirkpatrick,  J.,  652 
Knox,  Franklin,  769 
Krieger,  W.  J.,  550,  551 

La  Crosse,  Presbytery  of,  705,  715 
Lane  Seminary,  461-468 

Committee  on,  293 
Last  judgment,  the,  113 
Latin,  exegesis,  554,  555 

language  required,  554 
Law  of  God,  of  the,  87 
Law,  questions  of,  feubmitted,  752,  756, 

803,  804 
Lay,  preaching,  543,  544 

ordination,  193,  194,  572 
Laying  on  of  hands,  534,  571,  572,  699 
Laying  on  the  lable,  267,  R.  18,  R.  21 
Leave  of  absence,  268,  R.  37 

Committee,  276 
Leave  to  withdraw,  judicinl,  703,  706- 
711,  723,  726,  734,  783,  784, 

motions,  266,  R.  15 
Lecture,  as  a  part  of  trial,  554 
Ledyard,  E.  D.,  785 
Lee,  W.  J.,  740 
Legacies,  341,  897 
Letters,  the  pastoral,  293,  294 

of  dismission,    169,  205,  540,   666, 
796-798.     See  Dismission. 
License,  form  of,  557,  558 

limit  of,  191,  559 

to  be  recorded,  558 

for  local  evangelists,  557 

recall  of,  559 
Licensing  candidates.     See  Candidates. 
Licensure,    in   exceptional    cases,    553, 
559,  560 

preaching  without,  543 

of  women  forbidden,  544 

by  other  bodies,  545 

parts  of  trial  for,  554 

power  of  Assembly  in,  191 

certificate,  558 
Licentiates,  are  laymen,  560 

power  of  the  Session  over,  560,  561 
of  Presbytery  over,  191,  561 

suspended,  how  lestored,  660 
Limitation  of  time,  of  process,  802 

when  it  may  be  plead,  802,  803 

for  entering  complaint  or  appeal, 
717,  729 

for  a  veto,  414 

of  letters  of  dismission,  797 

of  certifying  standing,  800 

for  new  trial,  745,  748,  749 

of  a  license,  191,  559 

Assembly  Committee-',  263 


INDEX. 


899 


Lincoln  University,  516-519 

Litigious  spirit,  638 

Liturgic:il  forms  not  needed,  839 

Lively,  William  M.,  733. 

Local  evangelists,  330.  557 

Lockwood,  L.  R.,  676,  731,  757 

Lord's  Day,  sanctification  of,  806-831 

Lord's  Supper,  of  the,  109 
adfuinistration  of,  849 
order  of  administerug,  849-854 
Church  members,  851 
vrhen  in  a  private  house,  850 
the  ignorant   and    scandalous,  ex- 
cluded, 850 

Los  Angeles,  Presbytery  of,  752-755 
First  church  of,  753,  754 
Westminster  church  of,  754 

Lotteries,  615,  616 

Louisville  <  hurch  case,  125-142 

Lowrey,  Samuel,  689,  731 

Lynching  of  negroes,  617 

McCalla,  William  L.,  168,  639,  746 

McCauley,  A.  G.,  729 

McClure,  David,  712 

McCook,  John  .1.  ei  al.,  715,  720 

McCormlck  Theological  Seminary,  491- 

501 
McCime,  W.  C,  719 
McElwee,  Wm.,  644 
Mclver,  Colin,  et  al,  698,  716 
Mack,  John,  640 
McKelvey,  Alex.,  724 
Mcl-ane,  W.  W.,  783 
McPheeters,  Dr.  S.  B.,  220,  778 
McQueen,  Archibald,  663,  698,  716 
Magistrate,  civil,  92,  315 
Mails,  Sabbath,  806-808,  816 
Manses,  567 

Manual  of  the  General  Assembly,  277 
Marriage,  solemnization  of,  864-867 

should  be  by  lavpful  minister,  864 

by  licentiate,  864 
.  in  the  Lord  defined,  96,  864 

who  may  contract,  864,  865 

not  within  degrees  of   consanguin- 
ity, 96,  97,  864 

with  a  sister's  daughter,  97 

witnesses  to,  866 

formula  of,  866,  867 

register  of,  867 

publication  ol  purpose,  865 

unlawful,  93  96,  864 

clandestine,  865 

of  minors,  864 

certificate,  866 
Marriage  and  divorce,  93-100 

deliverances  on,  99 
Martin,  John  W..  707,  733 
Means,  John  C,  707 
Members  of  the  church,  118,  634,  854 

admission   of,  119,  163,    166,   168, 
169,  857,  859,  860 

absent  and  unknown,  801,  802 

dismission  of,  167,  797-801 

suspension  of,  862 


Members  of  the  Church,  excommunica- 
tion of,  863 
restoration  of,  863, 
who  withdraw,  206,  212,  667,  668 
Members  of  a  judicatory, 

not  voting,  motions,  267,  R.  25 

judicial  cases,  752,  772 
conduct  of,  268,  E.  28,  31,  33-35 
order  in  speaking,  268,  R.  29 
aggrieved,  268,  R.  36 
Memorial,  696 
Memorial  Contribution,  43 
Memorialize,  right  to,  288-292 
Memorials,  lodged  with  Clerk,  266,  R.  11 

leceived,  291,  292 
Metcalf,  A.  D.,  721 
Mileage,  Committee,  276 

Fund,  598-600 
Middle  State,  the,  52 
Mifllinburg,  church  of,  704 
Miller,  John,  73,  747,  758 
Miller,  Justice,  opinion  by,  126 
Miller,  Silas,  727,  758 
Minister,  translation  of  a,  575-577 
Ministerial,  privileges,  209 

duties,  nojilect  of.  207,  208 
Ministerial  Relief,  Board  387-393 

Committee,  275 
Ministers,  are  elders,  186 

ordination  of,  etc.,  561-575 

installation  of,  571,  572,  576,  577 

reception  of,  194,  195,  196-199 

foreign,  196 

examination  of,  204-206 

fiom   other  bodies,  4,    8,   10,   194, 

203,  798,  881 
serving  other  chun  hes,  212 
who  withdraw,  206.  208,  211,  668 
without  charge,  181,  209 
non-resident,  181,  183 
not  members  of  church,  174 
not  ruling  elders,  528 
juiisdiition  over,  183,  642,  659 
residence  unknown,  668,  669 
urged  to  withdiaw,  45,  73,  668 
accu-  ed  of  an  offence,  658-66(1 
suspend!  d,  54,  64,  65,  206,  660,  698 
deposed,  206,  661,  662,  664 
excommunication,  COO 
rotored,  698 
ci'ed  to  testify,  674 
stricken  from  the  i  oil,  668 
may  hold  civil  office?  209 
in  secular  cdlings,  208 
letters  of  dismission,  794,  796,  801 
Ministry,  fundamental  law  of,  145 
support  of,  566,  567 
demission  of,  211 
restoration  to,  663,  670,  671 
irregular,  859 
Minors  as  voters,  531 
Minutes  of  Judicatories,  must  be  read, 
684,  686,  687 
no  second  approval  of,  684 
may  be  in  print,  258 
See  Records. 


900 


INDEX. 


Minutes  of  Gen.  Assembly,  Keprint,  vi 
Old  School,  vi 
New  School,  vi 
Annual,  269,  271 
Mission,  ecclesiastical  power  of,  192 
Missionaries,  581 

not  to  organise  churches   ■without 
permission  ol  Presbytery,  194,  575 
home.  581 
foreign,  180,  181 

Session  may  consist  of,  158 
as  ruling  elders,  529 
Missions,  of,  581-584 

have  not  ecclesiastical  power,  659 
Mode  of  inflicting  censures,  862-864 
Moderators,  of,  584-5^6 

authority  and  duties  of,  188,  584 
of  church  Sessions,   161-163,    173, 

563 
of  Presbytery,  585 
of  the  Synod,  585 
of  the  General  Assembly,  261,  585 
rules  relating  to,  261,  262,  265,  266 
vote  of,  266' 

Vice  Moderator,  265,  E.  7 
Monfort,  Joseph  G.  ttal.,  782 
Monthly  concert  of  prayer,  874 
Moore,  Wm.  E.,  i,  iii-vii,  13,  18,  20 
Mormouism  and  polygamy,  93-96 
Motions,  rules  as  to,  266,  R.  14-16  ;  267, 
E.  17-22 
what  debatable,  266,  R.  14-16;  267, 

R.  17-19 
what  not  debatable,  267,  R.  18,  21, 

22,  26 
withdrawal  of,  266,  R.  15 
Music,   church,    control    of,    172,    837, 
838 
rights  of  Session  over,  838 

Names  of  absentees  to  be  recorded,  170, 
256,  681,  682 

Narrative,  Committee,  276 

Narrative  of  State  of  Religion,  175,  224 

Neglect  of  duty,  of  ministers,  207,  208 
of  lower  judicatory,  692 

Nevin,  Alfred,  et  al,  733 

Newark  Theological  Seminary,  German, 
512-516 

New  Castle,  Presbytery  of,  305 

New  evidence,  674,  675,  676 

New  School  Assembly,  31-43 

New  sentence,  763,  764 

Newspapers,  Sunday,  816 

New  trial,  6.54,  674-676,  730,  731,  758, 
761,  763 

New  Version,  the,  832,  833 

Niccolls,  S.  J.,  et  al.,  706 

Notice,  of  complaint,  etc.,  714,  715,  729- 
731 
evidence  of  required,  715,  716,  730 
of  appeal,  effect  of,  777,  778 

Null  and  void,  acts  that  aie.     See  Void. 

Oakland,  church  of,  704 
Oath  or  affirmation,  91,  672 


I   Oath  or  afiBrmation,  form  of,  672 

authority  for  administering,  672 
!  testimony  under,  673,  770,  771 

Oaths  and  vow  s,  of,  91 
Obedience,  the,  of  Christ,  79,  80 
Obligation  of  the  Standards,  7 
Objections,  filing  of,  050 
Offence,  defined,  6(i6 

cases  of,  606-626,  808-814    • 
when  not  prosecuted,  635 
in  presence  of  the  judicatorj',  664 
notice  of,  659 
Ofierings,  840-844 

Officers,  of  the  Church,  of  the,  142,  143 
ordinary  and   perpetual,  143,  535, 

536 
character  and  qualifications  of,  117 
of  Assembly,  269-272 
Old  School  Assembly,  31-43 
Omaha,  Presbytery  of,  723 
Omaha  Theological  Seminary,  522-524 
Onondaga,  Piesbyteiy  of,  774 
Opera  and  theatre,  609,  61 3 
Order,  points  of,  266,  R.  6;  267,  R.  18 

call  to,  268,  R.  34,  35 
Ordinances  in  a  paiticular  church,  153 
willful  absence  from,  665,  666 
sealing,  854-862 
Ordination  of  bishops,  etc.,  561-575 
the  act  of  Presbytery,  192-194,572, 

573 
trials  for,  569 
questions  proposed,  570 
mode  of,  570-572 
lay,  invalid,  193,  572 
fraudulent,  193 
by    commission,    unconstitutional, 

192 
by  foreign  bodies,  192 
sine  titulo,  193,  573-575 
part  taken   by  ministers  of  other 

bodies,  573 
part  of  elders  in,  149,  572,  699 
on  the  Sabbath,  570 
Ordination  of  elders  and  deacons,  524- 
543 
essential  to  judicial  arts,  534 
Ordination  of  evangeli-ts,  573 
Ordination,  valid,  194 

by  other  denomination?,   194,  203, 
798,  881 
Organization,  of  the  Church,  1 

of  new  churches,  119,  217,  218 
Original  jurisdiction,  244,  245,  642,  683 
of  Session,  642 
of  Presbytery.  1 90,  642 
Original  part  es.  636,  637,  743 
who  are,  721,  722 
must  be  heaTd,  748 
only,  may  appeal.  721 
Original  sin,  71,  73,  282,  284 
Overtures,   Committee  of,   266,   R.   11, 
273 
from  whom  received,  288,  290-292 
how  disposed  of,  273,  274 
not  received,  290 


INDEX. 


901 


Overtnres,  on  Constitutional  Rules,  330 
on  Constitutional  Rule  No.  1,  330 
on  Constitutional  Rule  No.  2,  331 
canvass  of,  602 
limitations  of  time,  264 

Papers,  receive<i  by  Clerk,  266,  R.  11 
not  lodged  in  time,  733,  734 

Pardovans  Collections,  authority  of,  6 

Parents,  duties  of,  848,  856,  857,  876 
engagements  of,  848 

I'ark  church,  Newark,  698 

Parole  testimony,  670,  743 

Parsonages,  566,  567 

Parties  in  cases  ot  process,  635-641 
copies  of  proceedings  for ,  655 

Passaic,  Presbytery  of,  721,  748 

Pastoral  charge,  constitution  of,  576 
resignation  of,  577-580 

Pa«storal  care  of  bai)tized,  634,  855 

Pastoral  letters  : 

on  missions,  293 

on  French  War,  293 

on  repeal  of  Stamp  Act,  293 

on  Revolutionary  War,  294 

on  French  Revolution,  294 

on  disturbances  in  Kentucky,  294 

on  Sabbath,  294 

on  Christian  activity',  294 

on  prevalent  vices,  294 

on  revivals  and  their  abuses,  294 

on  doctrinal  purity,  294 

on  revivals,  294 

on  repairing  the  wastes  of  the  Civil 

War,  294 
on  observance  of  the  Sabbath,  294 
on  Sabbath-schools,  824 
on  the  Civil  War,  294 

Pastoral  relation,  143-146 
enjoined,  144 
dissolved,  577,  57«,  579,  580,  702, 

718 
when  terminated,  578,  804 
effect  of  complaint  on,  717,  718 
lo  be  permanent,  145 
insisted  on,  147 

Pastor  elect,  146,  147,  161 
status  of,  568 

installation  of, required,  568 
immediate  installation,  146 
acceptance  of  call,  146 
readiness  for  installation,  146 
approval  of  Presbytery,  146 
prerequisites  of  title  "  P.  E.,"  146 
as  Moderator  of  Session,  162 
as  stated  supply,  162 

Pastors  or  bishops,  143-145 

are  members  of  Session,  157,  159 
necessary  to  a  quorum,  159,  160 
Moderator  of  Session,  161 
Moderator  of  meeting  to  elect  eld- 
ers, etc.,  526 
election  of,  561-575 
who  may  vote,  563-565,  878-880 
list  of  voters,  565,  880 
majority  necessary,  563 


Pastors,  translation  of,  575-577 
installation  of,  199,  200 
removal  of,  200,  220,  575 
support  of,  565,  566,  567 
Peacock,  John,  780 
Peck,  Harlan,  654 
Penitence,    evidence  of,  required,    764, 

768 
Perkins,  William,  765 
Permanent  Clerk,  272 
Perseverance  of  the  saints   86 
Personal,  attendance,  650,  731 
injury,  prosecutor,  635,  641 
reflections,  268,  R.  28 
Petition,  right  to,  288,  292 
Philadelphia,  Third  church,  725,  757 
Philadelphia,  Fifth  church,  774 
Philadelphia,    Second     Presbytery    of, 

698,  725 
Phraseology  of  overtures,  263 
Pine  Street  church,  St.  Louis,  757 
Pirez,  Emanuel  R.,  769 
Place  of  Next  Meeting,  Committee,  334 
Plan  of  Reunion,  1869,  35 
Plan  of  Union,  1758,  27-30 
Plea  on  trial,  650 
Pleadings  on  trial,  650,  741,  742 
limit  of  time  for,  746,  748 
documents  not  read,  used,  746,  747 
speakers,  alternately,  749,  268,  R.  29 
hearing  the  parties,  748,  749 
hearing  members  of  appellate   ju- 
dicatories, 749 
Political  parties  and  licenses,  628 
Polity  of  the  Church,  Committee,  275 
Polygamists,  baptism  of,  280,  860 
Polygamy  and  Mormonism,  93-96 
Poor,  funds  for,  control  of,  153 
Popular  amusements,  609-611,  613 
Popular  education,  294-297 
Popular  meetings,  263 
Postmasters,  Sunday  work,  858 
Postponement,  indefinite.  267,  R.  24 
of  trial,  733,  735.  743,  780.  781 
members  may  speak  on,  740 
Posture  m  prayer,  831 
Power,  church,  Ibice  of,  117,  154,  645- 

650 
Powers  of  the  General  Assemb  y,  279- 
603 
over  Synods,  229-239.  299,  679 
over  Presbyteries,  300-302 
to  visit  Pre-sbyteries,  292,  293 
to  define  succession  of  Presbyteries, 

305 
to  dissolve  Presbyteries.  303 
to  transfer  churches.  303,  304 
to  receive  foreign   churches,    304, 

305 
to  correspond  with  foreign  churches, 

306,  311-313 
to  transfer  ministers,  304 
over  pastoral  relations,  580,  724 
over  its  own  members,  298,  299 
to  decide  questions  of  doctrine  and 
discipline,  281,  677-785 


902 


INDEX. 


Powers  of  the  General  Assembly  : 

to    receive    petitions,     memorials, 

etc.,  288 
to   determine   lawful   judicatories, 

326-328,  330 
to  propose  Constitutional  Rules,  330 
over  Trustees,  334 
over  Boards,  340 
over  Theological   Seminaries,   406- 

525 
to  propose  amendments,  601-603 
to  declare  their  adoption,  602 
to  pass  on  validity  of  elections,  327- 

330,  595-597 
to  advise  and  instruct,  279 
to  review  all  proceedings,  279,  678- 
688 
except  as  limited,  243,  677 
to  send  missions,  581-584 
over  Mileage  Fund,  601 
Powers  of  the  Synod : 

to  become  a  delegated  body,  229 
over  Presbyteries,  220,  229,  243-245 
over  churches,  245 
over  Sessions,  245 
over  pastoral  relation,  200,  245,  579 
to  review  records,  243 
of  appellate  jurisdiction,  244 
in  discipline,  243-246 
over  Synodical  Home  Missions,  583 
Powers  of  the  Presbytery  : 

to  review  the  records  of  Sessions,  173 

over  Sessions,  688,  766 

over    pastoral    relation,    190,    200, 

220,  580.  804 
over    unemployed   ministers,   222, 

223 
to  ordain  ministers,  192-194,  561- 

575 
to  receive  ministers,  194-199,  202- 

204 
to  refuse  to  receive  ministers,  202 
to  install,  199 
to  refuse  to  install,  200 
to  remove  ministers.  200,  201,  575- 

580,  704 
to  remove  censure,  662 
to  judge  ministeis,  201,  202,  204, 

205 
to  examine  ministers,  205 
to  restore   a  minister,  depused   or 

withdrawn,  206.  207 
over  licentiates,  191 
over  candidates,  190 
to  examine  and  license  candidates, 

191.  543-561 
to  recall  license,  559 
over  vacant  churches,  222,  584 
over  extinct  churches,  797 
to  organize  churches,  217,  218 
to  unite  churches,  220 
to  divide  churches,  219,  753,  754, 

804 
to  dissolve  churches,  215.  217.  761 
to  visit  churches,  21:5,  220,  222 
over  location  of  churches,  219 


Powers  of  Presbytery  : 

over  missions,  581-584 

to  receive  and  issue  appeals,  etc., 
190 

to  notify  of  offence,  658,  659 

to  issue  a  case,  797 

to  take  testimony,  660 

to  review  church  records,  213. 

to  try  elders,  151 

to  remove  elders,  537,  538 

to  elect  commissioners,  229,  588 
Powers  of  the  Session  : 

in  receiving  members,  166-169,  797, 
800,  859.  86U,  798 

in    excluding    members,  657,  664, 
665,  667,  862-864 

in  restoring  members,  862,  864 

in  dismissing  members,  797-800 

over  members  dismissed,  791-793 

over  members  suspended,  l'i6,  793 

over  absent  membeis,  792,  793 

over  licentiates,  660 

over  collections,  169 

over  Sabbath-schools,  824,  827-829 

over  house  of  worship,  123-126,  142 

over  church  music,  172,  837,  838 

over  the   worship   of    the  church, 
16.3-173 

oversight  of  chnrch  members,  164, 
168,  169 

oversight  of  Young  People's  Socie- 
ties. 164-166 

to  admit  to  sealing  ordinances,  857, 
861 

in  election  of  pastors,  561-563 

in  election  of  elders,  525,  526 

to    exercise    original   jurisdiction, 
164 

to  take  testimony,  154,   669,   672- 
674 

to  call  witnesses,  673,  674 

to  appoint  delegates,  171 
Prayer,  public.  838-840 

in  the  Session,  160,  161,  265 

in  the  Presbyterv.  227,  265,  269,  681 

in  the  Synod.  246,  265,  269,  681 

in  the  General  Assembly,  265,  R.  1, 
333,  334 

in  public  worship.  838-840 

liturgical  forms,  839 

book  of  forms,  840 

in  secret,  875 

in  the  family,  876-878 

posture  in,  831 
Prayer,  days  of,  869,  874,  875 

week  of.  872,  873 
Preaching  the  Word,  844,  845 

without  license,  543,  544 

reading  sermons,  844 

expository,  844 

method  of,  845 
Preface,  iii-vii 
Preliminary  principles  of  government, 

116,'ll7 
Presbyterian  Alliance,  307-310 

in  India,  150,  157 


INDEX. 


903 


Presbyterian  Church,  U.S.,  313-325 

U.  S.  A.,   636,  72-3,   743,  744,  752, 
758 

U.  S.  recognized,  312 

correspondence,  313,  325 

cooperation,  318-325 
Presbyterian  House,    trustees  of,   337- 

338. 
Presbyterian  Woman's  Temperance  As- 
sociation, 626 
Presbytery,  the,  of,  177-2-28 

how  constituted,  177,  178 

bounds  of,  179 

quorum  of,  185-190 

meetin<rs  of,  225 

members  of,  177  181 

special  meeting  of,  225-227 

extinct,  203 

missionary,  179,  180,  588 

powers  of.     See  Powers. 

prayer  at,  227 

sermon  at,  227 

corresponding  members  of,  227 

acts  of,  subject  to  appeal  or  com- 
plaint, 804 
how  voidable,  189 

dissolution  of,  178 
Presbytery,  the  General,  1 
Presbytery  of  New  York,   instructions 
to,  5i6 

of  Philadelphia,  784 
Previous  question,  267,  R.  18,  R.  22 
Price,  David,  164,  605,  .696 
Princeton    Theological   Seminary.     See 

Theological  Seminaries. 
Princeton   University.     See    College  of 

New  Jersey. 
Principals  and  alternates,  170,  592-594 
Private  sessions,  268,  R.  38,  651,  656 
Process,  general  rules,  642-657 

what  are  objects  of,  631 

in  case  of  church  officers,  658-664 

cases  without,  664-669 

delay  in,  635 

parties  in  cases  of,  635-640 

commencement  of,  164,  642 

arrested  by  appeal,  777-779 

directed  by  judicatory,  223,  636,  642 
Profession  of  religion,  public,  168 
Professional  counsel  excluded,  655 
Proforvui  decisions,  640,  708,  756,  762, 

765 
Progressive  euchre,  612,  613 
Proliibitory  laws,  624,  625 
Proof-texts  to  the  Standards,  15,  21-26 
Property,  (luestions  as  to,  215,  777 
Proportional  giving,  842,  843 
Pro  re  natu  meetings,  226,  227,  240,  241 
Prosecution,  by  injured  party,  635,  641 

by  a  judicatory,  635-637,  657,  664, 
692 

when  it  shall  commence,  802,  803 

Committee  of,  269,  R.  42;  636,  637, 
743,  744 
rights  of,  637,  722 

bar  to,  721,  802 


Prosecutor,    public,    the    Presbyterian 

Church,  636 
Prosecutor,  private,  the  injured  party, 
635 

warning  to,  639 

admonition  to,  638 

may  testify,  669 
Protestant  succession,  4 
Protests  and  dissents,  786  791 

who  may  enter,  28,  786 

when  to  be  entered,  786 

must  not  argue  case,  786 

must  be  respectful,  788 

only  by  members  of  the  body,  791 

when  recorded,  787,  789,  790 

refusal  to  record,  788 

answer  to,  57,  790 

no  answer  to,  790 

cases  of,  301,  628,  786,  787-790 

installment  in  face  o',  724 
Providence,  of,  69 
Psalms,  singing,  835-838 

early  action  on,  835 

Hymnal  (1866),  836 

New  Hymnal  (1896),  837 
Public, profession  of  religion,  168 

schools,  296 
Public  reading,  of  the  Scriptures,  832- 
835 

of  the  Revised  Vers' on,  832-835 
Publication,  Board  of,  1870,  362 

Committee  of,  362,  365 
Publication  and  Sabbath-school  Work, 
Committee,  275 

Board,  362-372 
Publication  of  Constitution,  14 
Publications,  erroneous  and   injurious, 

156 
Pulpit,  when  vacant,  577,  663 
Purity  in  literature  and  art,  630 

Questions,    at   ordinatii  n,  elders  and 
deacons,  533 

at  licensure,  candidates,  557 

at  ordination,  ministers,  570,  571 

at  installation,  570,  576,  577 

of  order   or  evidence,  267,   R.    18; 
655,  673 

of  law,  654,  656,  657 

to  witnesses,  672,  673 

leading,  672 

when  to  be  recorded,  673 

In  thesi.     See  In  thesi. 
Quorum,  Session,  159,  160 

Presbytery,  185-190 

Synod,  239 

Assembly,  279 

necessary,  265,  R.  1,  2,  186 

law  of  a,  1 87 

less  than,  may  adjourn,  187 

Rainey,  James  A.,  692 
Ramsey,  Jefferson,  741 
Ratio  of  Commissioners,  278,595 
Reason,  authority  of,  47  sq.,  55,  56 


904 


INDEX. 


Eeasons  must  be  given,  for  complaint, 
714 
for  appeal,  729 
for  decisions,  653,  780 
Rebuke,  judicial,  650,  677 
Rebuttal,  evidence  in,  651 
Reception   of   members,    163,   166-169, 

797,  859,  861 
Reconsideration  of  a  vote,  267,  R.  23 
Record,  of  the  case,  652,  654,  655,  746 
of  investigation,  637 
of  testimony,  673 

special,  of  all  judicial  decisions,  251 
Record,  of   judicatories,  173,  213,  224, 
246,  251 
are  public  documents,  655 
copies  of ,  accepted,  681,  747 
may  be  in  print,  224,  258,  681 
how  authenticated,  673 
taken  as  evidence,  673 
review  of,  678,  679-681,  683,  685, 

705 
who  may  vote  on,  686,  688 
alteration  of,  173 
how  corrected,  680 
effect  of  approval  of,  687 
what  they  must  show  : 

opening     and     closing      with 

prayer,  246,  252 
all  proceedings  of  the  church, 

173,  224,  246-259 
acts  of  the  congregation,  678 
reasons  for  decisions,  246,  247, 

780 
reasons  for  appeal,  729,  748 
reasons  for  judicial  jiction,  247, 

684 
subject  matter  of  complaints, 

247,  250,  253 
all  papers  adopted,   246,    248, 

253-255,  682 
charges  and  specifications,  640, 

641 
attestation  by  Clerk,  257 
all  changes,  256 
"whatever  influenced  the  judica- 
tory, 247,  252,  653,  654 
complete  roll,  248,  256 
that  the  minutes  were  approv- 
ed, 252,  254,  257 
exceptions  to  records,  253,  254, 

688 
description    of    judicial   cases, 

249,  250,  253,  682 
members  present  or  absent,  248 
that  due  notice  was  given,  253 
narrative,  state  of  religion,  224, 

254,  255,  682 
cases  acted  on,  and  disposal  of 

them,  682 
report  of  Judicial  Committee, 

653 
censures  inflicted,  682 
if  required,  must  slmw  : 

yeas  and  nays,  267,  K.  26;  268, 
R.  27 


Records,  if  required,  must  show  : 

decisions  on  order  or  evidence, 

655 
questions  and  answer  on  trial, 
673 

to  be  sent  up,  246,  652,  678, 
679,  696,  714,  719,  729 

as  evidence,  585,  586,  673 

absence  of,  734-736,  743,  779-782 

Synod  censured  for  absence  of,  781 
Records,  of  Presbyterian  Church,  vi,  1 

of  the  Synods,  Committee,  277 
Recreation,  Christian,  609-611 
References,  of,  190,  279,  677,  692-697 

defined,  692 

to  the  next  higher  judicatory,  693, 
69 J,  696 

when  proper,  6fi3,  694,  696 

effect  of,  693-695 

cases  of,  201,  693,  694,  697 

jurisdiction  abandoned  by,  695 

who  may  vote  on,  696 

memorial  treated  as  reference,  696 

transmission  of  record,  696 

testimony,  how  attested,  696 
Reformed  Church  in  America,  776 
Reformed  Churches,  305,  312,  760,  776 

Alliance  of,  307-310 
Regeneration,  177 
Register,  church,  174 

of  marriages,  174,  867 
Reinstatement  of  case,  731 
Relief  Fund.     See  Beard  of  Relief. 
Religious  worship  and  the  Sabbath,  89- 

91 
Removals,  and  limitations  of  time,  of, 

797-803 
Reordinatiou,  194,  664 
Repentance,  unto  life,  84-85 

evidence  of,  required,  657,  661,  662, 
Representation  in  judicatories,  170 
Reserved  roll,  665 
Resigning,  a  pastoral  charge,  577-580 

office  of  elder  •  r  deacon,  537-539 
Respondent,  719,  720 

absence  of,  716 

counsel  for,  719 

death  of,  721 
Responsive  and  ritualistic  services,  833 
Restoration,  to  ministry,  661,  662,  663 

of  one  suspended,  663,  664 

to  office,  149,  536,  792 

to  communion,  536,  663,  779,  863 
Resurrection  of  the  dead,  of  the,  113 
Reunion,  1758,  27-30 

1869,  31-43 
Reversal  of  judicial  decisions,  717,  719, 
759-763,  764-767 

not  on  review,  689 

effect  of,  718,  759,  760.  762 
Review    and    control,    general.        See 

Records. 

not  extended   to  statistical    items, 
688 
Revivals  of  religion,  294 
Rice,  Matthew  H.,  784 


INDEX. 


905 


Eight  hand  of  fellowship,  149-151,  533, 

577 
Righteousness  of  Christ,  71,  284 
Roberts,  Wm.  H.,  v-vii,  12,  18,  20,  43, 

311,  463 
Robertson,  J.  D.,  707 
Rockefeller,  M.  A.,  727 
Rodgers,  John,  2 
Rogers,  J.  H.,  728 
.  Roll  of  judicatory,  266,  R.  10 

when  called,  655 

of  absent  members,  665,  801 

supplementary,  181 

reserved,  668 
Rollins,  Dr.  John,  774 
Romish,  baptism,  105-107,  171,  846 

Church,  101,  102 

schools,  856 
Rules,  general,  pertaining  to  trial,  658- 

664 
Rules  for  judicatories,  265-269 
Ruling  elders.     See  Elders. 
Rush,  Dr.  Benjamin,  618 
Russell,  James,  703,  781 

Sabbath,  observance,  294, 606,  812-817, 

824-826 
observance   of,    essential,  809-811, 

816 
profanation  of,   633,   808,  809,  813, 

814,  818,  819 

discipline  for  profanation  of,  811, 

812 
mails,  806-808 

sessions  of  judicatories  on,  243 
ordination  on,  192,  570 
marriage  on,  866 
traveling  on,  812.  813 
decoration  of  soldiers'  graves  on, 

821 
art  galleries,  open  on,  812 
newspapers,  816,  817 
sanctions   and  obligations  of,   812, 

815,  816,  819,  820 

duty  to  keep  holy,  813,  814 

recreations  on,  808,  813 

World's  Fair  on,  818 
Sabbath-schools,  827-830 

superintendent  and  teachers,  827- 
829  , 

relation  to  church,  830 

relation  of  Session  to,  827,  829,  830 

instruction,  822,  823 

relation  to  family,  826 
Sabbath  school  work.      See    Board    of 

Publication. 
Sabbath  school  Union,  American,  823 
Sabbath  Union,  American,  817,  820,  821 
Sacraments,  the,  of,  103 
Sacred  music,  report  on,  837 
Sage,  Emil,  669 
Saharanpur  Presbvtery,  760 
St.  Clairsville,  Presbytery  of,  702 
St.  Paul,  First  church  of,  704 
Salary,  insufficient,  567 
Salisbury,  J.  C,  et  al,  752 


Saloon,  a  curse,  626 

Salvation  Army,  not  a  church,  102 

Sanctification,  of,  83 

after  death,  51-53,  55,  56 

of  the  Lord's  Day,  806,  831 
San    Francisco    Theological   Seminary, 

502-508 
Saving  faith,  84 
Sawyer,  E.  M.,  733 
Scripture,  the  Holy,  44-67 

authority  of,  49-51,  55,  56 

integrity  of,  66 

inerrancy  of,  45,  55-57 

errancy  of,  denied,  56 

authenticity,  denials  of,  45 

Revised  Version  of,  832.  833 
Scriptures,  public  reading  of,  832,  833 

responsive  reading  of,  833-835 
Scruples,  4,  665 

as  to  non-essentials,  3 

annual  inquiry  as  to,  4 
Sealing  ordinances,  admission  to,  854- 
862 

who  may  administer,  151,  845,  849, 
850 
Second  to  motions,  266,  R.  14 
Sectarian   institutions,    in   the   U.    S., 
State  aid  to,  297 

foreign.  298 
See,  Isaac  M.,  544,  747,  758 
Sentence,  on  conviction,  657,  660,  862- 
864 

on  confession,  660,  664 

when  published,  207,  658 

how  published,  862-864 

reversed,  604,  605 

disproportionate,  604,  605 
Separation,  right  of,  28 
Separation,  of  1745,  27 

of  1838,  31 
Separations  and  Reunions,  27-43 
Sermon,  required  at  Assembly  and  Sy- 
nod, 246,  331 

optional  at  Presbytery,  227 

subject  and  methods  of,  844,  845 
Session,  church,  of  the,  157-176 

defined,  157 

members  of,  157 

quorum  of,  159,  160 

official  acts  of,  160,  168,  169 

Stated  Clerk  of,  586 

special,  illegal,  158,  743 

Moderator  of,  161-163 

prayer  at  meeting  of,  161 

powers  of     See  Powers. 

records  of,  173,  174,  678 

statistical  reports  of,  174 

jurisdiction  of,  164,  166,  781 

no  corresponding  members  of,  159 

closing  services  of,  269,  R.  44 
Severance,  John  F.,  734,  791,  792 
Shearer,  F.  E.,  705,  771,  772 
Sheldon,  George,  99,  676 
Shepherd,  John,  774 
Shepherd,  Smiley,  215,  757,  781 
Shields,  James  H.,  98 


906 


INDEX. 


Shorter  Catechism,    standard  copy  of, 

18,  24 
Sick,  visitation  of  the,  867,  868 
Sin,  of,  and  its  punishment,  70 
Adam'8,  71,  73,  283,  284 
original,  71,  72,  282,  284 
imputation  of,  284 
Sins  forbidden  in 

1st  commandment,  632 
2d  commandment,  632 
3d  commandment,  632 
4th  commandment,  633 
5th  commandment,  633 
6th  commandment,  633 
7th  commandment,  633 
8th  commandment,  634 
9th  commandment,  634 
10th  commandment,  634 
Sine  fitulo  ordination,  193,  573-575 
Singing  of  psalms,  835-838 
Hymnal,  836,  837 
proportion  of  time  for,  838 
Skinner,  John,  765 
Skinner,  Thomas  H.,  686,  705,  706,  719, 

721,  784,  785 
Slander,  investigation  of,  637,  638 

censure  for,  639,  640 
Slavery  and  slave-holding,  617 
Slaves,  baptism  of,  108 
Smith,  E.  Bailey,  683,  684,  723-727 
Smith,  H.  P.,  58-65,  637,  722,  744,  758 
Smith,  J.  Y.,  526,  527 
Smylie,  James  A.,  653,  677,  740,  772 
Smyrna,  church  of,  799 
Snodgrass,  James,  737 
Societies,  moral,  relation  to  Church, 628- 

630 
Solemnization  of  marriage,  864-867 
Soul,  immortality  of,  73 
Speakers,  rights  of,  268,  R.  29-32 
Special  rules,  cases  before  Sessions,  657, 

658 
Specifications,  640-642,  741,  742.      See 
Charges, 
must  be  entered,  652,  653 
voted  on  separately,  651,  741,  742 
Speeches,  how  many,  267,  R.  18  ;  268, 

R.  34 
Spicer,  Jabez,  604 
Spillman,  J.  H.,  643 
Spiritual  court,  judge  of  its  own  juris- 
diction, 140 
Spring  Resolutions,  685 
Standards  of  the  Church,  adoption  of,  2, 
14. 
See  Adoption. 

refusal  to  alter  language  of,  67 
subscription  required,  4,  8,  10,  352 
obligation  of,  7 
amendments  of,  12 
proof-texts,  15,  21-26 
Standing  orders,  262 
State  of  man  after  death,  113 
State,  the,  relations  to  the  Church,  4, 
111,  154,  316 

aid  to  sectarian  Institutions,  297 


Stated  Clerk,  of  the  General  Assembly, 
244,  269-273,  600,  602 

Synod,  238,  257 

Presbytery,  188 

Session,  586,  801 
Stated  supplies,  146-148,  183 

rights,  147 

powers,  147 

system  to  be  terminated,  146 

system  foreign  to  Form  of  Govern- 
ment, 146 

defined,  148 
Statistical  reports,  224,  225,  259,  688 
Stay  of  execution  of  decision,  717 
Stenographer,  exclusion  of,  652 
Stewart's  collections.     See  Pardovan. 
Stone,  Ambrose,  765,  766 
Striking  from  the  roll,   166,  211,  212, 

213,  661,  667-669,  711,  793,  794 
Strong,  George  P.,  733 
Strong,  John  D.,  771,  772 
Subscription  of  articles,  3 

compulsory,  4 
Substitute  is  an  amendment,  267,  R.  20 
Sunday.     See  Sabbath. 

newspapers,  223 
Support  of  ministry,  566,  567 
Suspended  minister,  206,  656,  657,  660, 
661,  795 

services  of,  105,  661 

standing  of,  661 
Suspended  elder,  149,  536 
Suspended  members,  166,  536,  728,  793, 
862,  863 

roll  of,  665 

restored  in  good  standing,  799 

restoration  of,  863,  864 

dismission  of,  799 
Suspension,  effect  of  removal  of,   536- 
539,  799,  863,  864 

from  office,  657,  660,  663 

not  without  trial,  642 

pending^harges,  660,  664 

for  contumacy,  643,  657,  660 

from  communion,  645,  657,  665 

pending  process,  656 

from  privileges  of  membership,  657 

church  privileges,  536 

sentence  of,  862 

of  further  proceedings,  777,  778 

removal  of,  863 
Sustain  in  part,  vote  to,  724,  751,  752 

effect  of,  724 
Sustentation,  Fund.  .%e  Home  Missions. 

Synodical,  583 
Syllabus,  ix-xlviii 
Synod,  of  the,  229-259 

as  a  delegated  body,  229 

custody  of  records  of,  238 

members  of,  229 

quorum  of,  239,  240 

adjourned,  241 

stated  meetings  of,  246 

pro  re  nata  meetings  of,  240-242 

time  and   place  of   meeting,    241, 
242 


INDEX. 


907 


Synod,  opening  sermon  at,  246 

prayer  at  sessions  of,  246 

in  Foreign  Mission  fields,  179 

powers  of.     See  Powers. 

records  of,  246,  679 

censured  for  insubordination,  685 

censured  for  harsh  language,  689- 
690 

censured  for  Sabbath  sessions,  243 

directed  to  review  and  correct  pro- 
ceedings, 691 

dissolved,  299,  300 
Synod,  General,  1 

Synods,  as  constituted,  1870-1881,  229- 
231 

prior  to  1870,  229 

as  reorganized  in  1881,  236-238 

since  1881,  231-235 
Synods  and  councils.  111 
Systematic  Beneficence,  Committee  on, 

400 
Systematic  giving,  840 

Tappan,  Lewis,    782 
Tardiness,  reasons  lor,  256 
Tate,  Robert,  716 
Taylor,  James,  733 
Tate,  Mclver,  et  al.,  698,  716 
Tax,  no  church  court  empowered  to,  600 
Tellers,  in  voting,  268,  R.  28 
Temperance,  Permanent  Committee  on, 
401-403 

deliverances  on,  618-630 

National,  Society,  325,  630 

terms  of  communion,  new,  631 

Committee,  276 
Temporary  Clerk,  272,  273 
Term   of  service,   delegates  to   Presby- 
tery, 170,  171 

elders  and  deacons,  541 
Terms  of  communion .    See  Communion. 
Testimonials  of  standing,  799 
Testimony  : 

who  may  testify,  669 

what  admissible,  635,  669,  673 

should  be  under  oath,  673,  770,  771 

should  be  recorded,  173,  673 

to  be  engrossed,  673 

taken  by  a  commission,  673 

how  authenticated,  673 

Presbytery   may    take,    660,    673, 
677,  697 

not  on  record,  admitted,  652 

amount  required,  670 

the  right  of  any  judicatory  to  bear, 
156 

how  attested,  673,  696 

new,  alleged,  674-677 

parole,  670,  743 

See  Evidence,  Witnesses. 
Testimonies  of  the  Assembly,  293,  294 
Thanksgiving,  days  of,  869-875 

public,  153 
Thatcher,  Geo.  H.,  716 
Theatricals,  607,  609,  612,  613,  615 
Theological  instruction,  407-409 


Theological  Seminaries. 

Princeton,  422-441 

Auburn,  441-449 

Western,  449-460 

Lane,  461-468 

Union,  468-476 

Danville,  476-491 

McCormick,  491-501 

Blackburn,  501 

San  Francisco,  502-510 

German,  Dubuque,  510-512 

German,  Newark,  512-516 

Lincoln,  516-519 

Biddle,  520-521 

Omaha,  522-524 
Theological  Seminaries,  report  on,  1870, 
410-412 

committees  on  relations  of, 

1892,  415 

1893,  416 

1894,  417 

1895,  419 

1896,  420 

1897,  421 

Theological  Seminaries,  Committee,  275 
Time,  of  removals,  and  limitations  of, 

797-803 
Todd,  John,  675,  735,  767 
Translation  of  ministers,  575-577 
Translations  of  the  Bible,  66 
Treasurer  of  the  Assembly,  270,  271 
Trial  of  a  cause, 635-669,  741-777 

what  may  be  tried,  606,  631,  635 
the  parties  in  the  case,  635-640 
case  of  minister,  elder  or  deacon, 

658-664 
who  may  preside,  161-163,  584 
who  may  not  sit  and  vote,  655,  660, 

719,  739-741 
counsel  in  the  case,  654,  655 
the  charges  and  specifications,  640, 

641 
notice  must  he  given,  253,  642,  714- 

716,  729-731 
evidence  of  notice  required,    716, 

730 
rules  must  be  observed,  658 
order  of  proceedings,  642,  650-654, 

741-777 
hearing  the  parties,  748 
time  allowed  parties,  745,  748,  749 
sides  heard    alternately,    268,     K. 

29  ;  745,  749 
in  absence  of  accused,  643,  650,  731, 

748 
postponement,  733,  735-737,  781 
the  vote,  741,  750,  752 
votes  on    each  specification,    746, 

750,  751 
a  final  vote  must  be  taken,  750 
new  trial,  674-676,  748,  761,  780 
same  on  claim  of  new  testimony, 

674,  675 
time  within  which  allowable,  694, 

758 
records,  reading  of,  745 


908 


INDEX. 


Trial,  things  omitted  by  consent,   741, 
745 
certified  copies  in  place  of,  747 
use  of  printed  pamphlets,  747 
by  commission  not  ground  of  com- 
plaint, 707,  708 
decision  may  not  be  reversed  on  re- 
view, 691 
case  of  church  member,  606 

Trials,  for  licensure,  554 
for  ordination,  569 

Trinity,  the,  67,  73 

Troy,  church  of,  730 

Trustees,  of  the  Assembly,  334-339 
of  a  church,  122-142,  172,  679 
of  a  benevolent  institution,  341 
of  the   Presbyterian   House,     337, 

338 
of  Church  Erection  Fund,  372  flf. 

Tune  books,  836 

Turbitt,  John,  712,  736 

Unacceptability,  of  an  elder,  538 

of  a  minister,  535 
Unconstitutional   acts,    229,    240,    244, 
556.  683-685,  692,  725,  726,  740,  760, 
772,  778 
Unemployed  ministers,  222,  223 
may  not  be  elders,  527-52^ 
Unfermented  wine,  853 
Unfinished  business,  266,  R.  13 
Uniformity  in  mode  of  election  imprac- 
ticable, 529 
Union,  loyalty  to  the,  871 
Union  of  Church  and  State  disavov^ed, 

154 
Union  of  Old  and  New  School,  31-43 
Union  Presbyteries,  180,  264,  597 
Union  Theological  Seminary,  468-475 
Unitarian,  baptism,  104,  846 
Unitarian  minister,  may  not  be  a  cor- 
responding member,  228 
United  congregations,  183-185 
United  States  Supreme  Court,  decision, 

141 
Unity  of  Church,  102 
Universalists  not  received,  857 

Vacancies,  Boards,  264 

Special  Committees,  264 
Vacant  congregations,  148 

assembling  for  worship,  587,  588 

power  of  Presbytery  over,  222,  578, 
581 

representation  of,  185 

supply  of,  222,  581 

duty  of  elders  and  deacons  in,  587, 
588 
Van  Dyke,  Joseph  S.,  707 
Van  Vleck,  Paul,  93 
Verdict,  form  of,  671 
Veto,  of  Assembly,  413-414,  420,  421 

cases  of,  464,  468,  469 
Vice-Moderator,  266,  R.  7  ;  584 
Vice  and  immorality,  294 


Visitation,  of  the  sick,  867,  868 
of  churches,  213 
by  Assemblv,  292,  463.     Cf.  538 

Void,  acts  that  are,  186,  187,  205,  213, 
214,  240,  315,  667,  683,  725,  762, 
766,  775,  778 

Voidable  acts  of  Presbytery,  189 

Vote,  casting,  262,  266,  R.  8  ;  584,  585 
in  judicial  cases,  651,  655,  660,  688, 
719,  739,  741,  742,  750-752,  772 
in  approving  records,  688 
on  reference,  696 
on  complaint,  719 
on  appeal,  739 

necessary  to  elect  Moderator,  261 
to  amend     the    Constitution, 
601-603 
to  elect  pastor,  565 
of  the  Moderator,  266,  R.  8 
of  silent  members,  267,  R.  25 
taking  of,  267,  R.  26 
mistake  in  taking,  267,  R.  26 
at  a  time  named,  267,  268,  R.  26 
division  on,  268,  R.  27 
tellers,  268,  R.  27 
yeas  and  nays,  268,  R.  26  ;  751 
to  sustain  in  part,  724,  751,  752 
on  each  charge  separately,  651 

Voters,  in  election  of  pastors,  563,  564 
of  elders  and  deacons,  530,  531 
lists  of,  531,565,878-880 
disqualified,  how,  531,  880 
no  distinction  as  to  age  of,  531 

Vows,  lawful,  91,  92 

Wadswoeth,  Charles,  776,  777 
Waiver,  of  rights,  744 

of  right  to  read  records,  746 

of  right  to  complain,  644 

of  informalities,  757 
Walnut  Street  church,  Louisville,  case 

of,  125-142,  327 
Ward,  John,  674,  676 
War,  Civil,  the,  294,  871 

Revolutionary,  870 

of  1812,  870,  871 

French,  293,  870 

with  Spain,  870 

See  Pastoral   Letters    and  Special 
Days. 
Washington,  President,  address  to,  284 
Washington,  Presbytery  of,  711 
"  Way  of  Salvation,"  the,  694 
Ways  of  carrying  a  cause,  677-786 
Webster,  Samuel  E.,  796 
Week  of  prayer,  872-874 
Wells,  Shipley,  201 
West,    Nathaniel,    666,   686,    687,   704, 

705,  709,  729,  760,  768,  780,  785 
Western  Theological  Seminary,  449-460 
Westfield,  church  of,  724 
Westminster  Standards,  2-14 
Wheeler,  Erwin,  et  al.,  734 
White,  William  P.,  780 
Wliite,  W.  M.,  784 
Wliitman,  James  W.,  et  al.,  781 


INDEX. 


909 


Will,  liberty  of,  285 

Willful  absence  from  ordinances,  665, 

666 
Willful  deseition,  divorce  for,  97,  98 
Wilson,  David  M.,  179 
Wilson,  Henry  E.,  724 
Wilson,  Joshua,  L.,  et  nl.,  722 
Wilson,  Samuel  B.,  733 
Wine,  communion,  171,  853 
Withdrawal  of  appeal,  732 
Withdrawal,  of  ministers,  irregular,  211, 
212,  667 

urged,  45,  73,  668 

of  church  members,  212,  667 

of  a  church,  214,  215 

of  parties,  actual,  651 

of  motion,  266,  R.  15 

of  complaint,  706-710 

effect  of,  707 
Witherspoon,  John,  2 
Witnesses,  names  to  be  given,  640,  642, 
651 

to  be  cited,  640,  642 

time  for  appearance,  643 

to  be  sworn,  672,  673 

challenge  of,  669 

credibility  of,  669 

competency  of,  670 

examination  of,  651,  672,  673 

non-church  members  as,  669 

heathen  as,  669 

prosecutors  as,  669 

husband  and  wife  as,  670 

form  of  oath  of,  672 


Witnesses,    question    and    answer     in 
writing,  673 

commission  to  examine,  673 

contumacy  of,  674 

new,  in  rebuttal  only,  651 

members  of  judicatory  as,  673,  674, 
687 

See  Evidence,  Testimony. 
Witnesses  at  marriages,  866 
Woman's  Board,  of  Home  Missions,  348 

Foreign  Missions,  406 

Freedmen,  406 
Women,  part  of  in  meetings  for  prayer, 
171 

may  not  fulfill  the  offices  of  public 
preachers,  544 

as  deaconesses,  no  authority 'for,  532 

Home  Mission  work,  348,  349 

workers,  training  of,  532 
Woodside,  John  S.,  662,  690,  760 
Woods,  J.  L.,  et  al.,  705 
Word  of  God,  without  error,  45,  46 
Worrell,  T.  F.,  759,  773 
Worship  of  God  by  offerings,  840-844 
Worship,  public,  831 

freedom  of,  835 

family  and  secret,  875-878 

Yale,  Charles,  729 

Yeas  and  nays,  267,  R.  26  ;  268,  R.  27  ; 

751,  752 
Young  People's  Societies,  164-166 
Youth,  instruction  of,  821-829,  854-857, 

876-878 


on  Theological  Scminar»-Spi 


1    1012  01031   9897 


